New York State Bar Association Committee on Professional Ethics Fee sharing Referral fees – Attorney’s estate Ethics Opinion 1128 Background: The inquiring attorney’s friend, also a lawyer, recently passed away. The dying attorney had not made any agreement to share ...
Read More »NYSBA Committee on Professional Ethics – Communications to non-party: Opinion 1125
New York State Bar Association Committee on Professional Ethics Communications to non-party Disinherited son of former client Ethics Opinion 1125 Background: The inquirer drafted a will in which the testator disinherited one of his sons. The disinherited son contacted the ...
Read More »NYSBA Committee on Professional Ethics – Confidentiality: Opinion 1126
New York State Bar Association Committee on Professional Ethics Confidentiality Prospective client – Information regarding existing clients Ethics Opinion 1126 Background: The inquiring attorney jointly represented a husband and wife in drafting a joint revocable trust. The retainer agreement is ...
Read More »NYSBA Committee on Professional Ethics – Attorney communications: Opinion 1124
New York State Bar Association Committee on Professional Ethics Attorney communications Communication with opposing party – Method of communication Ethics Opinion 1124 Background: The inquiring attorney is representing himself in a litigated matter. Opposing counsel has advised the inquirer not ...
Read More »NYSBA Committee on Professional Ethics – Divorce attorney: Opinion 1123
New York State Bar Association Committee on Professional Ethics Divorce Attorney Statement of net worth – Client’s omission Ethics Opinion 1123 Background: The inquiring attorney asks about his ethical obligations upon learning that a client in a divorce action, post-judgment, ...
Read More »NYSBA Committee on Professional Ethics – Former partner or associate of District Attorney: Opinion 1119
New York State Bar Association Committee on Professional Ethics Former partner or associate of District Attorney Conflict of interest Ethics Opinion 1119 Background: The inquiring attorney works in the law firm where the newly elected district attorney was once a ...
Read More »NYSBA Committee on Professional Ethics – Attorney as foster parent: Opinion 1122
New York State Bar Association Committee on Professional Ethics Attorney as foster parent Family law practice Ethics Opinion 1122 Background: The inquiring attorney is a family law practitioner who is considering serving as a foster parent per the Family Court ...
Read More »NYSBA Committee on Professional Ethics – Fee-sharing: Opinion 1121
New York State Bar Association Committee on Professional Ethics Fee-sharing In-house counsel – Arbitration award Ethics Opinion 1121 Background: The inquiring attorney is in-house counsel of a corporation that manufactures medical equipment to individuals through prescribing physicians. The inquiring attorney ...
Read More »NYSBA Committee on Professional Ethics – Federal administrative court proceedings: Opinion 1120
New York State Bar Association Committee on Professional Ethics Federal administrative court proceedings Rules of professional conduct — Fitness Ethics Opinion 1120 Background: The inquiring attorney represents a government agency in federal administrative court proceedings. The inquiring attorney has come ...
Read More »NYSBA Committee on Professional Ethics – Confidential information: Opinion 1118
New York State Bar Association Committee on Professional Ethics Confidential information Disclosure to collect attorney fee Ethics Opinion 1118 Background: The inquiring attorney represented a client that ended in a settlement before trial. Shortly before the settlement, the client advised ...
Read More »NYSBA Committee on Professional Ethics – Attorney and real estate broker: Opinion 1117
New York State Bar Association Committee on Professional Ethics Attorney and real estate broker Conflict of interest – Long-standing friends and clients Ethics Opinion 1117 Background: The inquiring attorney is also a licensed real estate broker. A married couple, long-standing ...
Read More »NYSBA Committee on Professional Ethics – Public Defender’s Office: Opinion 1115
New York State Bar Association Committee on Professional Ethics Public Defender’s Office Part-time City Court judge Ethics Opinion 1115 Background: The inquiring attorney lives in a locality where city court judges serve on a part-time basis. The inquiring attorney is ...
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