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NEW YORK STATE BAR ASSOCIATIONProfessional
Ethics Committee Opinion Opinion #78 - 06/06/1968
(8-68)
Topic: Solicitation; lay intermediaries; corporation furnishing legal
service to corporation employees
Digest: Improper for an attorney to accept retainer from corporate
client to represent employees in real estate transaction resulting from
corporation personnel transfers
Canon: Former Canons 27, 35, 47
QUESTION
Is it professionally proper for a law firm to accept a retainer from
a corporate client to represent all employees of the corporation
throughout the state in connection with the sale and purchase of
employee's homes, whenever such employees move as a result of corporate
personnel transfers?
OPINION
In the opinion of the Committee, such employment would be
professionally improper, and violative of Canons 27, 35 and 47. See N.Y.
State 53, 53(a), and 76.
It would not, however, be inappropriate for the corporation to agree
to reimburse its employees for legal expenses incident to moves
resulting from corporate personnel transfers. Such reimbursement may
not, however, be conditioned on the employee retaining a lawyer selected
for him by the employing corporation. (See ABA Inf. 469)
Related Files
Soliciation; lay intermediarties; corporation furnishing legal service to corporation employees. (Adobe PDF File)
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