NYSBA Committee on Professional Ethics – Confidential information: Opinion 1161
New York State Bar Association Committee on Professional Ethics Confidential information Disclosure – Client consent – Disclosure of any personal, financial, or business interest Ethics Opinion 1161 Background: The inquiring attorney is a real estate transactional lawyer. The custom in the locale where the inquirer principally practices is to prepare the contract of sale. The […]
NYSBA Committee on Professional Ethics – Conflict of interest: Opinion 1158
New York State Bar Association Committee on Professional Ethics Conflict of interest Taxation authority – New employment – Changing the tax code Ethics Opinion 1158 Background: The inquiring attorney works for the Internal Revenue Service. He has worked on a range of mattes over his career at the IRS, including recent work on certain regulatory […]
NYSBA Committee on Professional Ethics – Fee sharing: Opinion 1159
New York State Bar Association Committee on Professional Ethics Fee sharing Estate of deceased lawyer Ethics Opinion 1159 Background: The inquiring attorney was an associate in a firm wholly owned by the firm’s senior lawyer. The firm represented plaintiffs on a contingent-fee basis in personal injury and other actions. The owner died unexpectedly, having made […]
NYSBA Committee on Professional Ethics – Referral fees: Opinion 1162
New York State Bar Association Committee on Professional Ethics Referral fees Tax credit business – Consultant – Employee – Owner Ethics Opinion 1162 Background: The inquiring attorney is a patent attorney licensed in New York. He now seeks to start a business that would advise clients on applying to the Internal Revenue Service for research […]
NYSBA Committee on Professional Ethics – Confidential information: Opinion 1161
New York State Bar Association Committee on Professional Ethics Confidential information Disclosure – Client consent – Disclosure of any personal, financial, or business interest Ethics Opinion 1161 Background: The inquiring attorney is a real estate transactional lawyer. The custom in the locale where the inquirer principally practices is to prepare the contract of sale. The […]
NYSBA Committee on Professional Ethics – Legal and non-legal services: Opinion 1157
New York State Bar Association Committee on Professional Ethics Legal and non-legal services Single entity Ethics Opinion 1157 Background: The inquiring attorney is both an attorney and a licensed professional engineer. The inquirer wishes to establish a single-member professional entity, whether as a professional corporation or a professional limited liability company, to offer both legal [&helli[...]
NYSBA Committee on Professional Ethics – Attorney’s fee: Opinion 1156
New York State Bar Association Committee on Professional Ethics Attorney’s fee Securing fee obligation with a mortgage Ethics Opinion 1156 Background: The inquiring attorney represents a client in a domestic relations matter that resulted in a judgment of divorce. The inquirer’s legal services for the client are almost complete, although the representation continues. The client […]
NYSBA Committee on Professional Ethics – Dual practice: Opinion 1155
New York State Bar Association Committee on Professional Ethics Dual practice Attorney – Financial planner Ethics Opinion 1155 Background: The inquiring attorney is a family/matrimonial attorney. In that capacity he prepares statements of net worth and value assets for settlement purposes. The inquiring attorney recently received certification from a non-governmental entity as a certified financ[...]
NYSBA Committee on Professional Ethics – Duty to communicate to client of insurance-assigned counsel: Opinion 1154
New York State Bar Association Committee on Professional Ethics Duty to communicate to client of insurance-assigned counsel Ethics Opinion 1154 Background: The inquiring attorney is a New York attorney whom an insurance carrier chose to defend an indemnification counterclaim stemming from a fatal car collision. The executor of the decedents retained both an estate counsel […]
NYSBA Committee on Professional Ethics – Third-party payer: Opinion 1154
New York State Bar Association Committee on Professional Ethics Third-party payer Duty to communicate with client of insurance-assigned counsel Ethics Opinion 1154 Background: The inquiring attorney is an attorney whom an insurance carrier chose to defend an indemnification counterclaim stemming from fatal car collision. The inquiring attorney asks if he may limit communications to the […]
NYSBA Committee on Professional Ethics – Conflict of interest: Opinion 1153
New York State Bar Association Committee on Professional Ethics Conflict of interest County attorney – County sponsored community college board Ethics Opinion 1153 Background: A county legislature appointed the inquiring lawyer as county attorney. It is a full-time position overseeing a staff of assistant county attorneys. The county attorney asks if a conflict of interest […]
NYSBA Committee on Professional Ethics – Law Firm Name: Opinion 1152
New York State Bar Association Committee on Professional Ethics Law Firm Name – Lawyer’s First Name Only Ethics Opinion 1152 Background: The inquiring attorney practices law in both New York and other jurisdictions. The inquirer’s surname is shared by a number of other firms in New York and other places where the inquirer practices. To […]
Case Digests
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
- Fourth Department – Labor Law: Verdugo v. Fox Building Group
- Fourth Department – Out-of-possession landlord: Truax v. M.D. Meyer’s Properties
- Fourth Department – Discovery: Sylvester v. Sanders
Law News
- Espinosa named general counsel at Greenlight Networks
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- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers