Ethics Opinions Elementor

Opinion No. 2020-01 Inquiry No. 2020-1 March 2, 2020   Topic: Conflict of interest – …

Topic: Use of altered “form” or boilerplate documents, and the disclosures required with their use. …

Topic: Practice and / or advertisement in New York jurisdiction by practitioner of Federal immigration …

Topic: Law firm names; attorney advertising; use of logo; misleading the public. Digest: May a …

Topic: Ethical issues for attorneys accepting payment by credit card. Digest: An attorney is permitted …

Topic: Confidentiality in settlements Digest: Inquiring counsel is not prohibited by Rule 8.4(c) or 8.4(d) …

Topic: Duty to report; where to report. Digest: Inquiring counsel, as plaintiff’s counsel, has no …

Topic: Accepting Compensation For Representation From Someone Other Than Client; Professional Independence of Lawyer; Conflict …

Topic: Safekeeping, payment and delivery of property. Digest: Notification of receipt of property; safekeeping; rendering …

Topic: New York equity partnership with and activity in New York by attorney admitted solely …

Topic: Practice Limitations Placed on Retired Attorneys—Responsibility of Retired Attorneys to Identify Status on Letterhead …

Topic: Attorney advertising using testimonials, superlatives, and statements regarding success and prominence. Digest: Attorney advertisements …

Topic: The duties of an attorney who is subpoenaed to produce records and to testify …

Topic: Whether a lawyer can represent a client in a sale or purchase of real …

Topic: Duty to report misconduct of another attorney—Attorney’s responsibility to report an illegal solicitation. Digest: …

Topic: Conflict of interest – – an orthopedist refers a client to inquiring attorney and …

Topic: Duty to report misconduct of another attorney – Attorney’s responsibility to report suspicion that …

Topic: Conflict of interest – former client; preservation of confidential information. Matrimonial attorney interviewed by …

Topic: An attorney who practices law privately and holds a position as the Teen Court …

Topics: Conflict of interest of attorney in real estate transaction simultaneously acting as broker for …

Topic: Preservation of confidence and secrets of client – attorney subpoenaed to testify against former …

Topic: In retainer agreement, attorney seeks prior consent of the client to attorney withdrawal if …

TOPIC: Multiple client representation, preservation of client loyalties, avoiding conflicts of interest, exercising independent professional …

TOPIC: Conflict of interest of attorney solicited by a medical service provider to represent patients …

TOPIC: Attorney’s fee to be uniformly charged every client for continued storage of their files …

Topics: Preservation of Clients Confidences and Secrets and Attorney-Client Privilege as to Confidential Communications; Consent …

Topic: Placement of clients’ applications for title Insurance with own title abstract company. Inquiry: Mayan …

Topics: Conflict of interest of attorney solicited by private school to represent students and their …

Topics: Preservation of Confidences and Secrets; Effect of Statute Permitting Disclosure of Client’s Financial Ineligibility …

Topic: Accepting Compensation For Representation From Someone Other Than Client; Professional Independence of Lawyer; Conflict …

Topic: Conflict of interest of attorney solicited by private school to represent students and their …

Topic: Supervision and compensation of paralegals or other non-lawyer employees in real estate closings. Digest: …

Topics: The extent to which one of two attorneys representing the same client for the …

Topics: Digest: Conflicts of interest arising from partners’ law partnership in one state and independent …

Topics: Referral Fee Arrangement with Termite Inspection and Extermination Service; Association with Termite Inspection and …

Topics: Referral Fees Paid to Lawyer by Service Provider. Digest: Notwithstanding consent of a client, …

Topics: Preservation of confidences and secrets of a client, attorney’s obligation to disclose former client’s …

Topics: The circumstances under which “confidences” and “secrets” of clients are to be revealed. Digest: …

Topics: Firm name lawyers who only share expenses. Digest: May lawyers use a firm name …

Topics: Contlict of interest in dual representation of two defendants, an employer and one of …

Topics: Attorney’s affiliation with on-line legal services-related website. Digest: Subject to the operational structure and …

Topics: An attorney’s entitlement to a fee from another attorney, when initially a conflict of …

Topics: Permissive Withdrawal of Counsel; Effect of Retainer Agreement; Escape Clause. Digest: Client’s advance consent …

Topics: An attorney’s permissible use of a standard real estate sales contract form. Digest: Subject …

Topic: Attorney’s duty, even after resigning from representing client, to disavow untrue or fraudulent pleadings …

Topics: Validity of hybrid minimum and contingent fee retainer for employment – law matters – …

Topics: Permissibility of attorney’s participation as “Sponsor” or “Lead Counsel” of Internet advertising service providing …

Topics: Conflict of Interest – Associate Lawyer as Advocate and Possible Witness for Law Firm’s …

Topics: Attorney’s acceptance of all referrals made by fee-collection company organized by attorney and subsequent …

Topics: Lawyer retained by client upon recommendation of person with adverse legal interest who, directly …

Topics: Duty when confronted with information raising a substantial question as to the fitness of …

Topics: (1)Providing discount coupons for attorney’s legal fees to real estate brokers for distribution to …

Topics: Obligation of inquiring attorney to inform existing client of information material to its interests …

Topics: Unauthorized practice of law within other states – trusts and estates legal services provided …

Topics: Prohibition on paying referral fee to lawyer who could not have handled the case …

Topics: Non-Disclosure of Client’s secret as to another lawyer’s violation of disciplinary rule Digest: A …

Topics: Revealing client’s identity in response to subpoena, search warrant, or official request, absent a …

Topics: Use of pre-authorized credit card charge form for payment of legal fees. Digest: Attorney …

Topics: Formation of a Corporation by an Attorney and Real Estate Broker; Sharing of Legal …

Topics: Attorneys direct mail solicitation to targeted areas Digest: Direct mail solicitation of potential clients …

Topics: What are an attorney’s ethical obligations to an elderly client and the beneficiaries of …

Topics: Attorney’s obligation to disclose to the court information received from a client during the …

Topics: Donating legal services for charitable fund-raising purposes. Digest: A lawyer may not donate the …

Topics: Lawyer’s duties when representing the executor of an estate, or the estate, or both; …

Topics: Illegal or excessive fee-Propriety of seeking additional fees for services rendered to alleged incompetent …

Topics: Referrals to health care providers based on (1) mutual referrals back to lawyer, or …

Topics: Propriety of agreeing that future fee be paid from proceeds of sale of residence …

Topics: For-profit enterprise renting office space to a lawuer concentraded in elder law and no-lawyers …

Topics: Obligations to constituents of corporate client; disclosure of confidences and secrets. Digest: Attorney for …

Topics: Propriety of attorneys establishing a budget planning service in accordance with General Business Law …

Topics: Conflicts of interest, appearance of impropriety: attorney’s appearance before local criminal court or administrative …

Topics: Conflict of interest, propriety of attorney opposing client of law firm where attorney was …

Topics: Limits on disclosure of an attorney’s billing records for legal services when these records …

Topics: Factors that a lawyer may properly consider in deciding whether to accept or reject …

Topics: Extent of attorney’s obligation to honor liens asserted by health rare providers over proceeds …

Topics: Propriety of two or more attorneys joining together to advertise their separate legal practices …

Topics: Attorney right to hold himself out as a certified specialist. Digest: DR 2-105(B) of …

Topics: Dealings with printer that employs suspended attorney. Digest: An attorney may use the printing …

Topics: “Factoring” fees for legal services” Digest: It is not per se impermissible for an …

Topics: Providing reduced-fee legal services through a corporation. Digest: A lawyer may not practice in …

Topics: (a) Advertising of legal services pursuant to a directory of attorneys prepared by a …

Topics: Communicating with jurors after trial Digest: Subject to any applicable statutes, court rules, or …

Topics: Partnership with a non-lawyer in a business entity to negotiate out of court settlements …

Topics: Lawyer’s Duty To Report Fraud or Professional Misconduct of Another Lawyer — Exception for …

Topics: Propriety of inquiring law firm (“Law Firm Two”) representing a client where the client …

Topics: Propriety of employing a suspended attorney to draft pleadings, contracts, trust agreements and wills, …

Topics: Advertising Minimal Fees and Fee Ranges. Digest: An attorney who advertises a minimal fee, …

Topics: Conflict: Attorney’s continuance as counsel for plaintiff, after defendant in plaintiffs action retains counsel …

Topics: Continued representation of criminal defendant where attorney may be called as witness for client …

Topics: Communication by a lawyer with a person who has an interest adverse to the …

Topics: Allocation of travel expenses between two clients when a lawyer is traveling on behalf …

Topics: Retirement of lawyer handling active litigations. Digest: A retiring lawyer seeking to withdraw from …

Topics: Lawyers filing bankruptcy petitions. Digest: An attorney who has filed a bankruptcy petition may …

Topics: Propriety of cover letter and firm brochure soliciting parents of prospective college students. Digest: …

Topics: Disclosure of Attorney’s “House Counsel” or Employee Relationship with Insurance Company on Professional Letterhead, …

Topics: Payment of a “packaging fee” to an out-of-state attorney or corporation wholly owned by …

Topics: Attorney’s ethical obligations upon discovering that document provided to the attorney by the attorney’s …

Topics: Attorney functioning as commission salesman f or collection agency. Digest: An attorney may, subject …

Topics: Propriety of letter soliciting class action claimants. Digest: An attorney may solicit potential claimants …

Topics: Retainer of client and statements made to client prior to Retainer. Digest: Subject to …

Topics: Propriety of letter soliciting appellate employment sent to litigant whose case has been dismissed …

Topics: Propriety of member of county bar association grievance committee representing a client in a …

Topics: Attorney’s liens; fee sharing. Digest: Attorneys have only such liens against recovery as are …

Topics: Distribution of settlement proceeds. Digest: At the client’s request, an attorney must distribute funds …

Re: Tax preparation service advertising “Tax Lawyer on staff.” Digest: Improper for accountant/lawyer employee of …

Re: Demanding payment for disbursements advanced on behalf of former client. Digest: Subject to certain …

Re: Valuation of interest in law partnership in buy-sell agreement between partners. Digest: Death, retirement …

Re: Disbursement of escrow funds. Digest: To the extent escrow funds are insufficient to pay …

Re: Referrals to and from attorney-owned medical insurance claims processing company. Digest: Subject to stated …

Re: Propriety of attorney’s direct mail solicitation of potential clients, where correspondence is directed toward …

Re: Conflict of interest; representation of intestate’s estate on behalf of surviving spouse whom intestate …

Re: Commencement of action tor defamation and libel by attorney against: adverse pro se party …

Re: Continuing to use, as part of a firm name, the name of a partner …

Re: Payment of a forwarding fee to a member of the Judiciary proportionate to the …

Re: Compulsion of testimony by an attorneys before a Grand Jury investigating client. Digest: When …

Re: Disqualification of partners or associates or attorneys “of counsel” to attorney in public service; …

Re: Reimbursement for attorney’s out-of-pocket litigation expenses from funds advanced by client for expert medical …

Re: Advertising fact of being former judge. Digest: A former judge may include that fact …

Re: Campaign donations to judicial candidates. Digest: An attorney is not prohibited from donating to …

Re: Propriety of advertising reduced rate fees to certain groups. Digest: Improper to advertise fees …

Re: Retaining lien upon documents and other properties of the client to secure reimbursement of …

Re: Retaining possession of wills. Digest: An attorney may retain existing wills in order to …

Re: Stopping payment on an attorney’s certified check. Digest: An attorney is not required to …

Re: Attorney’s direct mail solicitation Digest: Subject to certain restrictions, an attorney may solicit, by …

Re: Conflict of interest; joint representation of a present client and a new client. Digest: …