Ethics Opinion 791
A lawyer may not participate in an organization that requires the lawyer to refer potential clients or customers to other lawyers or to nonlawyer members in exchange for their referral of legal business, or charges membership fees and other fees and requires nonlawyer members to refer potential clients to the lawyer.
Ethics Opinion 792
Lawyer may advertise on TV or radio using a testimonial by a celebrity client so long as the testimonial is not false, deceptive or misleading and otherwise satisfies the record-keeping requirements for any radio and TV advertising.However, the lawyer may not compensate or give anything of value to the celebrity client for the testimonial, including compensation for the celebrity’s time and services in making it.
Ethics Opinion 794
If the various divisions of a law school legal clinic share common office space and file space, the conflicts of the entire clinic are imputed to the firms of lawyers who supervise only one clinic division or project, and the conflicts of the law firms are imputed to the clinic.
Ethics Opinion 795
A medical doctor admitted to the New York bar whose business plan is to advertise for patients to assess the merits of prospective malpractice claims for referral to other lawyers must disclose in advertising that he or she is a lawyer and may not split fees with the other lawyers without obtaining client consent, ensuring that the overall fee is reasonable and taking joint responsibility for the matter.
Ethics Opinion 796
A lawyer who represents the administrator of an estate has no ethical obligation to contact creditors holding claims who have failed to file claims in the estate proceeding to advise them that they should do so.
Ethics Opinion 797
Under DR 7-102(B), if a lawyer determines that a client has made false representations to the court in an affidavit, the lawyer must call upon the client to correct the information in the affidavit, and, if the client refuses, the lawyer must withdraw any misstatements the lawyer made in certifying the client’s statements. The lawyer must also consider whether the lawyer is required or permitted to withdraw from the representation under DR 2-110(B) or (C).
Ethics Opinion 798
A lawyer/county legislator may not represent criminal defendants in cases involving members of a police department or district attorney’s office over which the legislature has budget or appointment authority. It is irrelevant whether the county or the budget is large or the representation involves only plea bargaining. If the lawyer/legislator is employed by a law firm, other lawyers in the firm are not per se vicariously disqualified, but imputed disqualification may be appropriate where members of the public are likely to suspect that the lawyer/legislator’s influence will have an effect on the prosecution of the case.
Ethics Opinion 799
Lawyer may not participate in website that charges lawyer a fee to provide information about potential clients whom lawyer will then contact, where the website purports to analyze the prospective client’s problem and selects which of its subscribing lawyers should respond, nor may the lawyer contact the prospective client by telephone unless the prospective client has expressly requested a telephone contact.
Ethics Opinion 800
A part-time prosecutor is not precluded from accepting all assignments as court-appointed counsel in Family Court. In specific types of cases and specific situations, including cases in which law enforcement personnel with whom the prosecutor works as a prosecutor are involved, and cases that are quasi-criminal in nature, the prosecutor is barred from accepting assignments. In other cases, the part-time prosecutor must carefully consider whether conflicts or the appearance of impropriety would preclude the assignment. Any doubt must be resolved against accepting an assignment.
Ethics Opinion 801
Not proper for New York attorney to partner with out-of-state attorney if services performed by such attorney are the unauthorized practice of law
Ethics Opinion 802
A lawyer may serve as both “bond counsel” and counsel to the borrower in an issuance of tax-exempt bonds as long as (1)bond counsel’s role is limited to opining on the transaction and not negotiating the terms of the bond and (2)borrower consents to the limitation of the lawyer’s role or, if there are multiple clients involved, they all consent to the multiple representation.
Ethics Opinion 803
If permitted by other jurisdictions’ regulation, including their regulation of the unauthorized practice of law, a law firm may engage in debt collection activities outside the state that do not constitute the practice of law, provided the firm makes appropriate disclosures to the client and avoids misleading debtors.
Ethics Opinion 804
Attorney for small legal services corporation may not represent a private client as respondent in a legal proceeding in which petitioner is represented by legal services corporation.
Ethics Opinion 805
A retainer agreement may not ethically provide for a client’s advance assent to a lawyer’s withdrawal from employment based on the client’s failure to pay agreed legal fees and expenses, but the agreement may advise the client of the lawyer’s right to withdraw, subject to court approval where applicable, if the client “deliberately disregards” a payment obligation.
Ethics Opinion 806
A New York law firm may participate with a foreign law firm in handling legal matters in New York referred by the foreign firm, and in sharing of legal fees in such matters, where the foreign firm’s lawyers have professional education, training and ethical standards comparable to those of American lawyers and the firm otherwise complies with DR2?107(A).
Ethics Opinion 807
A part-time associate of a law firm is “associated” with the law firm for the purpose of imputation of conflicts of interest. The buyer and seller of residential real estate may not engage separate attorneys in the same firm to advance each side’s interests against the other, even if the clients give informed consent to the conflict of interest.
Ethics Opinion 808
In the absence of an available charging lien, a lawyer may not obtain a security interest in either (a) a client’s cause of action to recover fees from a prior proceeding or (b) the proceeds of such cause of action, if the lawyer represents the client in the litigation pursuing the cause of action.
Ethics Opinion 809
A lawyer who continues to represent a client in a transaction in which the counter-party has chosen to be represented by a non-lawyer is not thereby aiding the unauthorized practice of law.
Ethics Opinion 810
An attorney who provides legal services to clients on behalf of a county agency and maintains a private practice may not represent clients in the private practice in a matter in which the attorney participated as a government lawyer so long as the client is entitled to representation by the public agency. The lawyer may, however, represent the client in the private practice with respect to a different matter so long as the lawyer did not solicit the client to engage the lawyer.
NEW YORK STATE BAR ASSOCIATION, ONE ELK STREET, ALBANY, NY 12207 PH: (518) 463-3200 SECURE FX: (518) 463-5993