Municipal attorney charged with investigating public corruption may not participate in partisan political activities.
It is proper for a lawyer to charge a combination of an hourly and a contingency fee.
Attorney may not accept medical malpractice case from medical consultant if consultant requires attorney's agreement to contingent consultant's fee as precondition; contingent attorney's fee and contingent consultant's fee combined may be excessive depending on nature of consultant’s services
Purchase price of law practice of newly-elected judge may not be contingent upon future success of acquiring firm in attracting and retaining work from existing clients.
Lawyer who receives unsolicited communication from former employee of adversary’s law firm regarding alteration of documents may not communicate further with employee and should seek judicial guidance as to use of the unauthorized communication.
Co-counsel of part-time judge in civil cases can only appear before another judge of same court if it is not prohibited by law and where there is no appearance of impropriety.
Prohibition against practice of criminal law by a lawyer-legislator not cured by abstention on votes affecting District Attorney’s budget and public disclosure of intention to abstain.
Judge in multi-judge court may accept remittal from disqualification caused by appearance in judge’s court of lawyer related to the judge, or of another lawyer affiliated with the judge’s relative. Whether recusal is required, prior to consideration of remittal, by appearance of associate of judge’s relative depends upon whether the judge’s impartiality might reasonably be questioned under the particular facts and circumstances.
Letterhead and business cards of multi-state law firm and affiliated lawyers must fairly disclose jurisdictional limitations on practice of named individual attorneys
Whether it is improper for an attorney to accept cases from a non attorney tax reduction company that has agreed to engage counsel to conduct judicial proceedings in the event the company is unsuccessful in securing a reduction of property taxes in administrative proceedings depends on the specific circumstances; the attorney may agree to work for a percentage of the tax reduction company’s fee, which itself is a percentage of the amount by which property taxes are reduced.
Law firm may not host a holiday
party exclusively for judges and
their law clerks.
A lawyer may not sell a portion of a law practice
A lawyer representing a foster care agency in extra-judicial surrender proceedings or termination of parental rights proceedings may not concurrently or subsequently represent prospective adoptive parents who are seeking to adopt the child involved in such proceedings.
Attorney may operate and advertise a trademark practice over the Internet, as long as attorney complies with (a) the Code’s obligations to check client conflicts; (b) court rules requiring the posting of a statement of Client’s Rights and Responsibilities; (c) the obligation to preserve client confidences by assuring that use of e-mail is reasonable; and (d) the Code’s advertising rules and perhaps those of other jurisdictions.The attorney may not engage in or advertise a more limited form of trademark business under a trade name if the business constitutes the practice of law.
Absent authorization by all parties, lawyer who serves as escrow agent may not release funds to client except as provided in the escrow agreement; while lawyer may resign as escrow agent, provision must be made to protect funds in escrow.
Lawyer representing clients in estate planning may not sell long-term care insurance to clients.
Where lawyeris beneficiary of trust holding stock in corporations which may become clients or opponents of clients, lawyer has no conflict of interest or disclosure obligation except on rare occasion when lawyer’s exercise of independent professional judgment reasonably may be affected by lawyer’s financial interest.
Lawyer should comply with client’s direction to forego title searches.
Lawyer as witness may accept reasonable compensation for lost time.
A lawyer may be employed as a contract lawyer by one or more firms. The provisions of DR 5-105 and DR 5-108 apply to the lawyer personally representing clients with differing interests at different law firms. Whether the vicarious disqualification provision of DR 5-105(D) applies depends upon whether the relationship of the contract lawyer to each employing law firm rises to the level of an “association” with the firm, which depends on the facts and circumstances of the employment.
NEW YORK STATE BAR ASSOCIATION, ONE ELK STREET, ALBANY, NY 12207 PH: (518) 463-3200 SECURE FX: (518) 463-5993