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NYSBA Committee on Professional Ethics

Jul 16, 2018

NYSBA Committee on Professional Ethics – Restrictive covenants: Opinion 1151

New York State Bar Association Committee on Professional Ethics Restrictive covenants Right to practice law Ethics Opinion 1151 Background: The inquiring attorney is currently employed by an organization that does not render legal services. As an employee, the inquirer does not practice law, does not render legal advice to the organization, and does not hold […]

Jul 13, 2018

NYSBA Committee on Professional Ethics – Solicitations and referrals: Opinion 1150

New York State Bar Association Committee on Professional Ethics Solicitations and referrals Spouses in related business – Real estate Ethics Opinion 1150 Background: The inquiring attorney is a transactional real estate attorney whose spouse is a real estate broker. The couple wish to refer matters to each other. Opinion: The Committee concluded that a lawyer’s […]

May 31, 2018

NYSBA Committee on Professional Ethics – Conflict of interest: Opinion 1149

New York State Bar Association Committee on Professional Ethics Conflict of interest Agency shop lawyer – Actions against union members Ethics Opinion 1149 Background: The inquiring attorney represents an agency of New York State in disciplinary proceedings initiated against union-represented employees. The inquirer was once a member of the particular union, but subsequently resigned membership,[...]

May 31, 2018

NYSBA Committee on Professional Ethics – Conflict of interest: Opinion 1148

New York State Bar Association Committee on Professional Ethics Conflict of interest Former government lawyer – Private matters involving former employer Ethics Opinion 1148 Background: The inquiring attorney was formerly employed by a county social services agency. He assisted the state in locating absent parents, establishing paternity and enforcement of collection of child support. He [&helli[...]

May 30, 2018

NYSBA Committee on Professional Ethics – Attorney advertising: Opinion 1147

New York State Bar Association Committee on Professional Ethics Attorney advertising Use of “Esquire” – Not admitted in New York Ethics Opinion 1147 Background: The inquiring attorney is not licensed to practice in New York, but works for a municipal agency in New York. The scope of employment does not involve the practice of law. […]

May 30, 2018

NYSBA Committee on Professional Ethics – Contingency fees: Opinion 1146

New York State Bar Association Committee on Professional Ethics Contingency fees Contemporaneous criminal matter – Paying fees from personal injury settlement Ethics Opinion 1146 Background: The inquiring law firm represents clients in personal injury, criminal defense, and other matters. Occasionally, a client who has a personal injury case becomes involved in a criminal matter and […]

May 29, 2018

NYSBA Committee on Professional Ethics – Withdrawal of representation: Opinion 1144

New York State Bar Association Committee on Professional Ethics Withdrawal of representation Time-place restrictions on communication Ethics Opinion 1144 Background:     A court assigned the inquirer to represent an individual who has been charged with several criminal offenses.  Prior to the inquirer’s assignment, the client had been represented by a number of other lawyers.  The client [[...]

May 29, 2018

NYSBA Committee on Professional Ethics – Conflict of interest: Opinion 1145

New York State Bar Association Committee on Professional Ethics Conflict of interest Litigation financing – Attorney as investor Ethics Opinion 1145 Background: The inquirer is the managing partner of a law firm that represents plaintiffs in commercial litigation.  The inquirer sometimes refers clients to a litigation financing company that provides money to the clients in […]

Apr 16, 2018

NYSBA Committee on Professional Ethics – Foreclosure referee: Opinions 1143

New York State Bar Association Committee on Professional Ethics Foreclosure referee IOLA account – Sale proceeds Ethics Opinions 1143 Background: The inquiring attorney who is occasionally appointed as a referee to conduct foreclosure sales asks if he may deposit sale proceeds funds owed to a third party into the IOLA account of the individual attorney’s […]

Feb 23, 2018

NYSBA Committee on Professional Ethics – Client files stored electronically: Opinion 1142

New York State Bar Association Committee on Professional Ethics Client files stored electronically Former client request hard-copy Ethics Opinion 1142 Background: The inquiring attorney has a litigation practice in which most documents, such as discovery materials and transcripts, are received in electronic form. When he receives documents in hard-copy form, he scans them and stores […]

Jan 31, 2018

NYSBA Committee on Professional Ethics – Conflict of interests: Opinions 1141

New York State Bar Association Committee on Professional Ethics Conflict of interests Imputation – Separate law firms – Co-counsel – Discrete matters Ethics Opinions 1141 Background: The inquiring attorney teaches at a law school in New York and he is involved in the school’s clinical education program, which considers itself a large law firm with […]

Jan 30, 2018

NYSBA Committee on Professional Ethics – Representation of testifying expert witness: Opinion 1140

New York State Bar Association Committee on Professional Ethics Representation of testifying expert witness Conflict of interest Ethics Opinion 1140 Background: The inquiring law firm represents injured workers in workers’ compensation matters. A health care service provider, who has both a professional and a long-time social relationship with the lawyers in the firm, has asked […]

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