By: Daily Record Staff//March 2, 2020
New York State Bar Association Committee on Judicial Ethics
Conflicts
Amicus briefs – Opposing sides – Same law firm
Ethics Opinion 1174
Background: The inquiring attorney whose law firm has circulated a proposal for attorneys to volunteer pro bono legal services supporting a particular position, and preparing an amicus brief advocating that position, for submission to the Supreme Court of the United States. Some of the law firm’s associates wished to take the opposing view. The inquiring attorney asks if a single law firm may submit amicus briefs on opposing sides of the same issue before the same court.
Opinion: The Committee concluded that attorneys at a law firm are not permitted to submit amicus briefs for both sides of a litigation when representing a client as amicus for one or the other side, but, in the absence of a represented client may do solely on a pro se basis.