The Nassau County Bar Association: Ethic Opinions Archive
Ethics Opinions
NASSAU COUNTY BAR ASSOCIATION
COMMITTEE ON PROFESSIONAL ETHICS
Click on a title to view the full Opinion.
"Factoring" fees for legal services
(1)Providing discount coupons for attorney's legal fees to real estate brokers for distribution to the broker's clientele; and (2) dual representation in a residential mortgage transaction of (a) the same entity as both seller and loan originator/lender
(a) Advertising of legal services pursuant to a directory of attorneys prepared by a non-profit organization; (b) Fee splitting arrangement between non-profit organization and such attorneys.
A lawyer's duty of confidentiality under DR 4-101 limiting disclosure of' files containing copies of attorney's checks issued to client, when requested by IRS, except with client's consent or by court order.
Accounting for all billing travel time to multiple clients.
Advertising Minimal Fees and Fee Ranges.
Allocation of travel expenses between two clients when a lawyer is traveling on behalf of only one client.
An attorney's entitlement to a fee from another attorney, when initially a conflict of interest existed, but at the time the fee was earned there was no longer a conflict.
An attorney's permissible use of a standard real estate sales contract form.
Attorney functioning as commission salesman f or collection agency.
Attorney right to hold himself out as a certified specialist.
Attorney’s acceptance of all referrals made by fee-collection company organized by attorney and subsequent fee-splitting between attorney and collection company
Attorney's ethical obligations upon discovering that document provided to the attorney by the attorney's client and thereafter produced by the attorney to opposing counsel, was altered by the client prior to the document's provision to the attorney.
Attorney's liens; fee sharing.
Attorney's obligation to disclose to the court information received from a client during the course of representation that may affect the decision by the court in the client's pending or past litigation.
Attorney's retaining lien.
Attorney’s affiliation with on-line legal services-related website.
Attorneys direct mail solicitation to targeted areas
Communicating with jurors after trial
Communication by a lawyer with a person who has an interest adverse to the lawyer's client, and who is not represented by counsel.
Conflict of Interest - Associate Lawyer as Advocate and Possible Witness for Law Firm's Client in Civil Case; Associate Lawyer as Client's Spouse and Former Codefendant in Prior Criminal Matter.
Conflict of interest in dual representation of two defendants, an employer and me of its employees, in a civil proceeding, where, by agreement between them, the employer hall be solely responsible for payment of legal fees and the employee shall be....
Conflict of interest of attorney in real estate transaction simultaneously acting as broker for seller and attorney for third-party lender (Bank's attorney) prohibited.
Conflict of interest, propriety of attorney opposing client of law firm where attorney was previously employed in same or substantially related matters on behalf of same client.
Conflict: Attorney's continuance as counsel for plaintiff, after defendant in plaintiffs action retains counsel in related declaratory judgment action by the defendant's insurance carrier against plaintiff and defendant where the law firm retained by...
Conflicts of interest, appearance of impropriety: attorney's appearance before local criminal court or administrative adjudicative agency representing a private individual while employed as a police officer.
Continued representation in one action while clients are simultaneously planning to sue lawyer in second action, if litigations arise from unrelated events.
Continued representation of criminal defendant where attorney may be called as witness for client in pretrial speedy trial hearing.
Dealings with printer that employs suspended attorney.
Disclosure of Attorney's "House Counsel" or Employee Relationship with Insurance Company on Professional Letterhead, Business Cards, Door Placard and Building Marquee and Cover Sheet of Pleadings.
Dissemination and use of information regarding a former client's conviction, when the information has become part of a public record, has been discovered after termination of the attorney's employment, may be harmful to the former client and may enable...
Dissemination and use of information regarding a former client, when that information was disclosed to the attorney during the attorney client relationship, and where that information may be harmful to the former client but is part of the public record.
Distribution of disputed escrow funds.
Distribution of settlement proceeds.
Donating legal services for charitable fund-raising purposes.
Donating legal services for charitable fund-raising purposes.
Duty when confronted with information raising a substantial question as to the fitness of another attorney to practice law - - bringing fraud to the attention of a tribunal.
Extent of attorney's obligation to honor liens asserted by health rare providers over proceeds of personal injury actions.
Factors that a lawyer may properly consider in deciding whether to accept or reject a case.
Firm name lawyers who only share expenses.
For-profit enterprise renting office space to a lawuer concentraded in elder law and no-lawyers offering various other services related to lawyer's area of concentration, with advertising by such enterprise of multi-disciplianry aproach to those fields
Formation of a Corporation by an Attorney and Real Estate Broker; Sharing of Legal Fees with a Non-Lawyer.
Illegal or excessive fee-Propriety of seeking additional fees for services rendered to alleged incompetent where attorney has already sought court approval of the requested fees and the court has reduced them
Insured's consent when insurance company retains an attorney from a different office to handle a case on appeal; listing the trial attorney as "Of counsel".
Lawyer retained by client upon recommendation of person with adverse legal interest who, directly or indirectly, pays lawyer to render legal services to client.
Lawyer's duties when representing the executor of an estate, or the estate, or both; disclosure of alleged fraud by the executor; withdrawal from continued representation.
Lawyer's Duty To Report Fraud or Professional Misconduct of Another Lawyer -- Exception for Client's Confidences or Secrets -- Fraud upon a Tribunal -- Definition of "Tribunal" as Adjudicatory Body.
Lawyer's right to reveal confidences or secrets to establish a defense to a charge of wrongful conduct and to report intended crime to police or district attorney.
Lawyers filing bankruptcy petitions.
Limits on disclosure of an attorney's billing records for legal services when these records are requested by a civil inquiry from a federal agency, without a court order.
Non-Disclosure of Client's secret as to another lawyer's violation of disciplinary rule
Obligation of inquiring attorney to inform existing client of information material to its interests which was imparted to inquiring attorney by another attorney in discussion of attorney's availability to serve as co-counsel on a prospective matter
Obligations to constituents of corporate client; disclosure of confidences and secrets.
Partnership with a non-lawyer in a business entity to negotiate out of court settlements for business debtor clients.
Payment of a "packaging fee" to an out-of-state attorney or corporation wholly owned by an out-of-state attorney.
Permissibility of attorney's participation as "Sponsor" or "Lead Counsel" of Internet advertising service providing information to inquirers about particular fields of law with references to Internet sites containing discussions concerning the law
Permissive Withdrawal of Counsel; Effect of Retainer Agreement; Escape Clause.
Preservation of confidences and secrets of a client, attorney's obligation to disclose former client's admission, made after conclusion of the representation, that representations made by client and certified by attorney, were known by client to be false
Preservation of Confidences and Secrets; Effect of Statute Permitting Disclosure of Client's Financial Ineligibility for Assigned Counsel Program.
Prohibition on paying referral fee to lawyer who could not have handled the case due to a conflict of interest.
Propriety of agreeing that future fee be paid from proceeds of sale of residence after eviction of tenant.
Propriety of attorneys establishing a budget planning service in accordance with General Business Law § § 455, 456, and 457.
Propriety of cover letter and firm brochure soliciting parents of prospective college students.
Propriety of employing a suspended attorney to draft pleadings, contracts, trust agreements and wills, and to perform legal research as a "litigation analyst," and duty to report employing attorney and/or suspended attorney to appropriate authorities
Propriety of inquiring law firm ("Law Firm Two") representing a client where the client is engaged in ii legal malpractice action against another law firm ("Law Firm One"), and a partner in Law Firm Two ("Attorney A") was a partner in Law Firm One at ....
Propriety of letter soliciting appellate employment sent to litigant whose case has been dismissed in decision published in Law Journal.
Propriety of letter soliciting class action claimants.
Propriety of member of county bar association grievance committee representing a client in a post-matrimonial dispute subsequent to having investigated the client's prior lawyer.
Propriety of two or more attorneys joining together to advertise their separate legal practices in one advertisement where there is no professional relationship between the attorneys other than the sharing of office space.
Propriety of two retainer agreements in a criminal matter, one providing for third party installment payments, the other imposing a lien upon the criminal defendant's interest as plaintiff in a personal injury case.
Protection of client confidences and secrets.
Providing reduced-fee legal services through a corporation.
Referral Fee Arrangement with Termite Inspection and Extermination Service; Association with Termite Inspection and Extermination Service Internet Web Site; Web Based Advertising.
Referral Fees Paid to Lawyer by Service Provider.
Referrals to health care providers based on (1) mutual referrals back to lawyer, or (2) free medical reports
Retainer of client and statements made to client prior to Retainer.
Retirement of lawyer handling active litigations.
Revealing client's identity in response to subpoena, search warrant, or official request, absent a court order.
The circumstances under which "confidences" and "secrets" of clients are to be revealed.
The extent to which one of two attorneys representing the same client for the same criminal matter, may comment on the capabilities of the other attorney in representing this mutual client.
Unauthorized practice of law within other states - trusts and estates legal services provided to Florida client by New York Lawyer in consultation with Florida counsel.
Use of client testimonials in radio advertising
Use of pre-authorized credit card charge form for payment of legal fees.
Validity of hybrid minimum and contingent fee retainer for employment - law matters - Application of court rules on certain contingent fee matters -- required specification for deducting expenses in contingent -Fee matters-Invalidity of agreement
What are an attorney's ethical obligations to an elderly client and the beneficiaries of the client's will when the attorney believes that an attorney-in-fact may be taking advantage of the client?
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