Ethics Opinion 826
No per se rule prohibits a lawyer from representing plaintiffs in declaratory judgment actions against an insurance carrier and simultaneously defending that carrier against other insureds in other declaratory judgment actions, or from obtaining advance waivers of the conflict. Where the actions involve related issues of law, however, whether the clients can validly consent depends on, among other things, potential "positional conflicts," the possibility that the lawyer may need to cross-examine employees of a client, and the possibility that confidential information derived from one representation may be of use in another.
Ethics Opinion 827
Direct payment of client's audit expense from law firm account; sharing of legal fees
Ethics Opinion 828
Staff attorneys of state agency; communication with persons represented by counsel; imputation of non-lawyer investigator's conduct.
Ethics Opinion 829
A consent to a conflict of interest
that was validly given prior to April 1, 2009, the effective date of the new Rules of Professional Conduct, does not need to be obtained anew solely on account of the adoption of the new Rules
Ethics Opinion 830
A lawyer may ethically contact lay organizations to inform them that he or she is available as a public speaker on legal topics, but must adhere to advertising and solicitation requirements under the Rules where the communication is made expressly to encourage participants to retain the lawyer or law firm.
Ethics Opinion 838
Whether a rule-making or rate-making proceeding before an administrative agency or one of its officials should be considered as being before a "tribunal" for purposes of the Rules; and whether ex parte communications in such a proceeding are prohibited.
Ethics Opinion 839
Group radio advertising that does not broadcast the lawyer's name, principal law office address and telephone number, but instead directs listeners to contact an agent who provides that information, is prohibited under Rule 7.1(h).
Ethics Opinion 840
Under the New York Rules of Professional Conduct, a lawyer is ethically permitted to pay the litigation expenses of a pro bono client whether the pro bono client is indigent or not.
Ethics Opinion 841
E-mails to other lawyers requesting referrals of clients are not "solicitations" regulated by Rule 7.3. However, the e-mails must comply with Rules 7.4 and 8.4(c).
Ethics Opinion 842
A lawyer may use an online data storage system to store and back up client confidential information provided that the lawyer takes reasonable care to ensure that confidentiality will be maintained in a manner consistent with the lawyer's obligations under Rule 1.6. In addition, the lawyer should stay abreast of technological advances to ensure that the storage system remains sufficiently advanced to protect the client's information, and should monitor the changing law of privilege to ensure that storing the information online will not cause loss or waiver of any privilege.
Ethics Opinion 843
A lawyer representing a client in pending litigation may access the public pages of another party's social networking website (such as Facebook or MySpace) for the purpose of obtaining possible impeachment material for use in the litigation.
Ethics Opinion 844
Lawyer/legislator serving as appointed counsel for indigent respondents in Family Court proceedings.
Ethics Opinion 845
Lawyer/real estate broker sharing her brokerage commission with lawyers who refer buyers or sellers.
NEW YORK STATE BAR ASSOCIATION, ONE ELK STREET, ALBANY, NY 12207 PH: (518) 463-3200 SECURE FX: (518) 463-5993