Welcome to the Ethics Resource Page for the Labor and Employment Law
Lawyer's Code of Professional Responsibility
Statement of Client Rights and Responsibilities
Ethics Opinions Issued by the NYSBA Committee on Professional Ethics
that relate to Labor and Employment Law:
Conflict of Interest — Former Client Conflicts
Conflict of interest; governmental entities
Lawyer as witness; arbitration
Communications with adverse party; governmental entity
Liability for litigation expenses; withdrawal of attorney if client does
not advance or accept liability for expenses
Communication by attorney with adverse party
"Reasonable Compensation" of a Witness.
Contingent fees; computation thereof.
Advertising; Solicitation; Class Action.
Delegation of Lawyer's Duties to Paralegal.
Legal fees; combination of hourly and contingency fee.
Confidentiality; Unauthorized Disclosure; Fraud on Tribunal.
Circumstances justifying non-compliance with clients instructions.
Compensation of lawyer as witness.
Lawyers submission of client billing records to outside auditor employed
by insurance company.
Communicating with represented party; communicating with unrepresented
party; advice to non-client concerning risk of self-incrimination
Settlement agreements; restrictive covenants.
Attorney’s obligation to report to a client a significant error or
omission that may give rise to a possible malpractice claim
Labor union; lawyer for organization
Competence; excessive case load
Expenses of litigation; interest charged to lawyer passed on to
Advertisement of Legal Services; Street Address; Web Site or E-mail
Former client and/or successor counsel is presumptively entitled to
access all attorney files.
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.
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 the 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
Threatening and presenting criminal, administrative and disciplinary
charges to obtain an advantage in a civil matter
Law firm's supervisory responsibilities upon hiring a secretary,
paralegal or other nonlawyer who has previously worked at another law