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Committee on Judicial Ethics – Financing Retainer: Ethics Opinion 1066

By: Daily Record Staff//October 1, 2015

Committee on Judicial Ethics – Financing Retainer: Ethics Opinion 1066

By: Daily Record Staff//October 1, 2015//

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NYSBA Committee on Judicial Ethics

Financing Retainer

Guaranteeing Loan

Ethics Opinion 1066

Background: The inquiring attorney represents individuals who are charged with drunken driving-related offenses. The attorney states that many of his clients have difficulty obtaining funds to pay the firm’s retainer. The attorney would like to introduce the clients to a bank who may provide a loan. The lawyer asks if he may guarantee the client’s obligation to pay back the loan.

Opinion: The committee concluded that a lawyer may not guarantee repayment of a loan made to a client for the purpose of paying legal fees.

 

 

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