Opinions 751-825 Ethics Opinion 751 An Attorney representing a government agency may not undertake more matters than the attorney can competently handle, but the attorney may accept his or her superior's reasonable resolution of an arguable question of professional duty. Ethics Opinion 752 In certain circumstances, a lawyer owning or operating an ancillary business continues to be barred after the promulgation of DR 1-106 from providing legal and nonlegal services in the same transaction even with the consent of the client. Ethics Opinion 753 Ancillary business organizations; mortgage brokerage; title abstract company; conflict of interest Ethics Opinion 754 Plaintiff's counsel in contigent matter may, under certain conditions, pass on to client as costs the interest charged to lawyer on borrowings made to fund litigation expenses. Ethics Opinion 755 Ancillary business organizations; transactions between lawyer and client; solicitation Ethics Opinion 756 Legal services advertisement may not list Web site or e-mail address as sole address, but must also include street address of lawyer's office. Ethics Opinion 757 Professional announcements of certification as a specialist that are distributed to memebers of the bar or mailed to present and former clients are "public" communications within the meaing of DR 2-105 and thus should include the disclaimer aset forth in DR 2-105(C). Ethics Opinion 758 Trust account documents required to be retained in original form should be retained as paper copies where available to lawyer in the ordinary course of business; otherwise, these documents may be retained in electronic form. Ethics Opinion 759 Lawyer may use ATM for making deposits into special account Ethics Opinion 760 A lawyer may obtain or use a revocable power of attorney, either in a stand-alone document or as part of the lawyer's retainer agreement, that authorizes the lawyer to settle a case and to endorse the client's name to the settlement check, provided that the lawyer makes full disclosure as to the effect of such power of attorney and provided that (i) the lawyer may only settle a case on terms indicated in advance by the client or if the settlement is submitted to the client for approval, and (ii) a lawyer who endorses a settlement check on behalf of the client must promptly comply with the notice, record keeping and disbursement requirements of DR 9-102. Ethics Opinion 761 A lawyer who accepts employment on behalf of a husband to represent him in obtaining permanent residency status for his wife may not concurrently or thereafter represent the wife in seeking residency based on the alleged abuse of the husband; lawyer could pursue wife's residency petition if engagement is structured as a representation of the wife only or as a joint representation with a prospective conflict waiver. Ethics Opinion 762 Law firm with New York office and at least one affiliated New York lawyer is subject to certain New York disciplinary rules; obligation of New York law firm and of supervisory lawyers to ensure compliance with the New York Code extends only to lawyers subject to the New York Code; New York law firm has broad supervisory responsibilities with respect to affiliated lawyers licensed in foreign countries, and must ensure that compliance by such lawyers with foreign law and ethical standards does not compromise the firm's adherence to the New York Code. Ethics Opinion 763 Not improper for lawyer to accept collection payments from debtors by credit card on behalf of creditor-client where funds are placed in trust account and proper safeguards employed, and all requirements regarding contingent or fixed fee forms of engagement are met. Legal fees may be deducted from such payments before remittance to client if not excessive or in dispute; if disputed, lawyer may not withdraw disputed fees, must forward payment to client to the extent not in dispute and must attempt to resolve dispute.If applicable, the lawyer must submit matter to fee dispute resolution program. Ethics Opinion 764 Lawyer may only accept IOLA account earnings credit with consent of client after full disclosure Ethics Opinion 765 A lawyer or law firm may enter into a nonexclusive reciprocal referral agreement with a securities broker or insurance agent, with appropriate disclosure of the relationship. Ethics Opinion 766 Former client and/or successor counsel is presumptively entitled to access all attorney files. Ethics Opinion 767 Certified impartial hearing officer may not represent clients in hearings in same school district or if other conflict of interest exists; may include certification in advertising. Ethics Opinion 768 A lawyer representing a government agency in a civil matter may be present and counsel the lawyer’s own client at a meeting with a person known to be represented in that matter without opposing counsel’s consent, provided that the lawyer gives reasonable advance notice to opposing counsel of the lawyer’s intention to attend and does not communicate with the opposing party.If a lawyer has a reasonable basis to believe that a person may be represented by counsel in a matter, the lawyer has a duty to inquire further.If a lawyer does not know that a person is represented by counsel in connection with a matter, and participates in a communication with such an unrepresented party, a lawyer’s statement of a client’s legal position in the matter does not constitute impermissible legal advice to an unrepresented person. Ethics Opinion 769 If proposed transaction with litigation financing company is legal, attorney may represent client in negotiating and carrying it out and may charge client an additional fee for this service. Ethics Opinion 770 If probable cause supports a charge, and if all terms of the sentence are legal, a prosecutor may agree to a plea bargain in which the defendant is required to make a donation: (1) to the statutory program known as STOP-DWI, as long as the district attorney is not also 'coordinator' of the county's STOP-DWI program; or (2) to a not-for-profit organization, as long as the prosecutors handling or supervising the case do not havea 'personal interest' in the organization that reasonably may affect their judgment; they do not know that any lawyer in the district attorney's office has such an interest; and the donation to the organization does not create an appearance of impropriety.A prosecutor may agree that such donations may be made before the plea is entered, and in exchange for a dismissal of, or an agreement not to bring, charges.Under no circumstances may a prosecutor conceal the terms of the plea bargain from the sentencing court.