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NYSBA Committee on Professional Ethics

Feb 13, 2019

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 […]

Feb 12, 2019

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 […]

Feb 12, 2019

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 […]

Feb 1, 2019

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 […]

Feb 1, 2019

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 […]

Dec 19, 2018

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[...]

Dec 18, 2018

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 […]

Oct 9, 2018

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[...]

Sep 4, 2018

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 […]

Jul 17, 2018

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 […]

Jul 17, 2018

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 […]

Jul 16, 2018

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 […]

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