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State Bar: Avvo marketing fee violates rule
The New York State Bar Association’s Committee on Professional Ethics has issued an opinion saying the state’s Rules of Professional Conduct prohibit client referrals for a fee paid to companies such as Avvo Legal Services. The Committee also issued a second opinion on Tuesday that explains how attorneys can get client referrals for a fee […]
Committee on Professional Ethics – Unauthorized Practice of Law: Ethics Opinion 1081
New York State Bar Association Committee on Professional Ethics Unauthorized Practice of Law Legal Services Debt Management Company Ethics Opinion 1081 Background: Two inquiring attorneys are employed by a debt management company. The lawyers work under the direction of a non-lawyer who is the managing director of the company. The lawyers are concerned that the […]
Committee on Professional Ethics – Conflict of Interest: Ethics Opinion 1069
NYSBA Committee on Professional Ethics Conflict of Interest Simultaneous Representation Ethics Opinion 1069 Background: The inquiring attorney represents an immigrant child in an administrative removal proceeding. The attorney asks if he may also act as the lawyer for a proposed guardian of the child pursuant to a guardianship proceeding in Family Court. Opinion: The committee […]
Committee on Professional Ethics – Prospective Clients: Ethics Opinion 1067
NYSBA Committee on Professional Ethics Prospective Clients Confidentiality – Duty to Inform Client Ethics Opinion 1067 Background: The inquiring small law firm of three named partners practice primarily in the fields of estate planning and administration, trusts and elder law, and related fields. Two partners have long represented a client, including a protracted proceeding brought […]
NYSBA Committee on Professional Ethics – Conflict of Interest: Ethics Opinion 1064
NYSBA Committee on Professional Ethics Conflict of Interest Former Family Court Judge Ethics Opinion 1064 Background: The inquiring attorney is a retired Family Court judge and acting Supreme Court justice who is now in private practice. A client has asked the inquirer to undertake representation in a permanent neglect action involving the client’s two children. […]
NYSBA Committee on Professional Ethics – Conflict of Interest: Ethics Opinion 1065
NYSBA Committee on Professional Ethics Conflict of Interest Part-time Town Prosecutor Ethics Opinion 1065 Background: The inquiring attorney is in private practice but is also a part-time deputy town attorney. His duties include prosecuting violations of the town code and vehicle and traffic law. His duties do not include issues relating to the village’s zoning […]
Committee on Professional Ethics – Ethics Opinion 1062
NYSBA Committee on Professional Ethics Law Firm Start-up Crowdfunding Ethics Opinion 1062 Background: The inquiring lawyers, who are recent law school graduates, plan to start a small firm. In order to raise capital to fund the start-up expenses of the new firm, the inquiring lawyers plan on using a crowdfunding website. Opinion: The committee concluded […]
Committee on Professional Ethics – Ethics Opinion 1059
NYSBA Committee on Professional Ethics Attorney-Client Privilege Government Granting Organizations Ethics Opinion 1059 Background: The inquiring attorneys are legal assistance organizations that receive government grants to represent unaccompanied children in immigration removal proceedings. The inquiring attorneys wish to know their obligations with respect to disclosing information to the databa[...]
Committee on Professional Ethics – Ethics Opinion 1057
NYSBA Committee on Professional Ethics Withdrawal from Representation Confidential Information – Disclosure to Court Ethics Opinion 1057 Background: The inquiring lawyer represents a client in pending litigation. The lawyer’s client insists that he file what the lawyer considers frivolous petitions. The allegations are not relevant to the matter on which he is providing representation. The [&h[...]
Committee on Professional Ethics – Ethics Opinion 1055
NYSBA Committee on Professional Ethics Conflict of Interest City Attorney – Real Estate Transaction Ethics Opinion 1055 Background: The inquiring attorney is an assistant corporation counsel for a city. His duties include appearing on the city’s tax foreclosure matters. When a property is foreclosed upon, the city becomes the owner of the property who then […]
Committee on Professional Ethics – Ethics Opinion 1056
NYSBA Committee on Professional Ethics County Clerk Law Practice – Conflict of Interest Ethics Opinion 1056 Background: The inquiring attorney is an elected county clerk who intends to continue practicing law while serving that position. His law practice consists exclusively of representing parties to transactions involving real property. He confines his practice to counties adjacent […]
Committee on Professional Ethics – Ethics Opinion 1061
NYSBA Committee on Professional Ethics Client Confidentiality Informed Consent – Payment History Database Ethics Opinion 1061 Background: The inquiring attorney proposes a subscription-based database system, akin to a credit reporting system, in which lawyers would report information about the status of legal bills of a commercial client. The inquiring attorney seeks clarification of his ethical[...]
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
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- 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
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