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Committee on Professional Ethics — Attorney as Real Estate Broker: Opinion 916

By Daily Record Staff
POSTED: May 1, 2012
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NYSBA Committee on Professional Ethics Attorney as Real Estate Broker Free Legal Service Opinion 916 Background: The inquiring attorney asked whether a lawyer may serve as a real estate broker in a transaction, and be paid for that service, while also offering free legal services on contract and other legal matters in the same transaction with [...]

Committee on Professional Ethics — Ethics Opinion 915

By Daily Record Staff
POSTED: April 26, 2012
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NYSBA Committee on Professional Ethics Ethics Opinion 915 Background: The inquiring attorney is a member of a law firm that has formed a separate consulting entity that performs non-legal services. The attorney asked whether a law firm’s website  may contain links to the website of the non-legal consulting entity formed by the law firm. Further, [...]

Committee on Professional Ethics — Conflicts: Opinion 914

By Daily Record Staff
POSTED: April 10, 2012
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NYSBA Committee on Professional Ethics Conflicts Legal Aid Conflicts Panel Opinion 914 Background: The inquiring attorney practices in a county that has an agreement with a legal aid society to provide legal assistance to indigent clients in criminal and family court matters. The lawyer is a member of a “legal aid conflicts panel.” The entity [...]

Committee on Professional Ethics — Attorney’s Fees: Opinion 913

By Daily Record Staff
POSTED: April 9, 2012
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NYSBA Committee on Professional Ethics Attorney’s Fees Securities as a Legal Fee Opinion 913 Background: The inquiring attorney asked whether a lawyer may accept as compensation for legal services a hybrid fee combining a reduction in the lawyer’s customary hourly time charges with an equity interest in the client or the client’s company.  Opinion: A [...]

Committee on Professional Ethics — Publishing Criticism of Attorneys: Opinion 912

By Daily Record Staff
POSTED: April 5, 2012
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NYSBA Committee on Professional Ethics Publishing Criticism of Attorneys Opinion 912 Background: The inquiring attorney asked whether it is permissible to host or participate in an Internet blog established as a forum for lawyers to recount their experiences in dealing with an adversary whose past professional conduct was considered by them to have been unethical, harassing [...]

Committee on Professional Ethics — Attorney Fees: Opinion 910

By Daily Record Staff
POSTED: April 3, 2012
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NYSBA Committee on Professional Ethics Attorney Fees Anticipating Non-Payment Opinion 910 Background: A law firm represents a client in a domestic relations matter. The client has a balance due to the firm for services performed, and the firm believes that the client will not be able to pay the balance until she receives a final [...]

Committee on Professional Ethics — Attorney Internet Advertising: Opinion 908

By Daily Record Staff
POSTED: March 29, 2012
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NYSBA Committee on Professional Ethics Attorney Internet Advertising Directories Opinion 908 Background: A local bar association sought to provide on its Internet website a directory listing of its dues paying members accompanied by their name, address, phone number, email, website link, years of practice, practice areas, etc. Prior to viewing these profiles, a visitor to [...]

Committee on Professional Ethics — Client Confidentiality: Ethics Opinion 907 (access required)

By Daily Record Staff
POSTED: March 2, 2012
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NYSBA Committee on Professional Ethics Client Confidentiality Client Anonymity Ethics Opinion 907 Background: The inquiring attorney asked whether he may make a charitable donation on behalf of a client and maintain the client’s anonymity at the client’s request, and may the attorney use the attorney’s escrow account to make the donation.  The client had expressly [...]

Committee on Professional Ethics — Paralegal turned Lawyer: Ethics Opinion 905 (access required)

By Daily Record Staff
POSTED: February 29, 2012
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NYSBA Committee on Professional Ethics Paralegal turned Lawyer Obligations of Hiring Firm Ethics Opinion 905 Background: The inquiring attorney would like to hire a law school graduate who had passed the bar, but had yet to be admitted. While in school, the prospective lawyer worked as a paralegal at another firm and continues to work [...]

Committee on Professional Ethics — No-Contact: Ethics Opinion 904 (access required)

By Daily Record Staff
POSTED: February 28, 2012
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NYSBA Committee on Professional Ethics No-Contact Representing the Victim of a Financial Crime Ethics Opinion 904 Background: The inquiring attorney asked when it is permissible for an attorney, seeking restitution for a client who was the victim of a financial crime, to communicate with the subject of a criminal investigation into the same conduct. The [...]

Committee on Professional Ethics — Simultaneous Representation: Ethics Opinion 903

By Daily Record Staff
POSTED: February 28, 2012
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NYSBA Committee on Professional Ethics Simultaneous Representation Client Consent Ethics Opinion 903 Background: The inquiring lawyer has two clients who were both named as defendants in the same lawsuit. At the time of the lawsuit, both clients each gave their informed consent in writing for the lawyer to represent both of them in the litigation. [...]

Committee on Professional Ethics — Opinion 901 (access required)

By Daily Record Staff
POSTED: February 24, 2012
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NYSBA Committee on Professional Ethics Opinion 901 Background: The inquiring attorney has represented a client over the course of a few years in various legal matters involving numerous business transactions. One representation related to the client’s interest as a minority shareholder and officer of a private, closely-held corporation. The attorney’s representation of the client’s interest [...]

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