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