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Ethics Opinions

NEW!

New York Rules of Professional Conduct (PDF) - Effective April 1, 2009


These opinions have been issued by the NYSBA Committee on Professional Ethics. Opinions of the committee are advisory and are issued only to attorneys concerning their own proposed conduct, not past conduct or the conduct of another attorney. The committee does not pass upon questions of law or matters which are in litigation; such matters are within the authority of the court to determine. The committee does not consider anonymous inquiries, hypothetical inquiries or inquiries which have also been submitted to another bar association's ethics committee.

Inquiries may be mailed to the committee at One Elk Street, Albany, New York 12207, or faxed to (518) 487-5694, or e-mailed to ethics@nysba.org. Please include in all inquiries your name, mailing address, telephone and fax number.

As a courtesy to the legal profession, Loislaw offers NYSBA Ethics Opinions in a searchable, citation-enhanced format.

Please note:

Opinions 1-123 (November 1964-December 1969) were decided under the Canons of Professional Ethics.

Opinions 124-828 (January 1970-March 2009) were decided under the Code of Professional Responsibility.

Opinions 829 and higher (issued on or after April 1, 2009) were decided under the Rules of Professional Conduct.

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

Opinions 1-75 Opinions 76-150 Opinions 151-225 Opinions 226-300  Opinions 301-375 Opinions 376-450  Opinions 451- 525 
Opinions 526-600 Opinions 601-675  Opinions 676-750  Opinions 751-825 Opinions 826-900  Opinions
901 +

Index


List of Opinions
NYSBA Ethics Opinion 01
Particularly affected clients may be notified of a change in the law, but a general notice to all clients is improper.

NYSBA Ethics Opinion 02
Not improper to continue use of deceased partner's name in firm, so long as not contrary to law or custom, even though other partners' names may change.

NYSBA Ethics Opinion 03
Improper for lawyer to permit publicity of his recent authorship of some work where it is merely a form of indirect advertising.

NYSBA Ethics Opinion 04
Not improper for lawyer to negotiate with agent of opposing party who is a layman.

NYSBA Ethics Opinion 05
Lawyer may not depart from minimum fee schedule where it is a means to solicit and advertise.

NYSBA Ethics Opinion 06
Lawyer may send dignified announcement of his specialization to other lawyers so long as it does not constitute a statement or representation of special experience or expertness.

NYSBA Ethics Opinion 07
Improper for lawyer to publish offer of free legal services for prosecution of a particular suit.

NYSBA Ethics Opinion 08
Under certain circumstances, lawyer may properly charge less than minimum fee and may represent both buyer mortgagor and mortgagee lending institution.

NYSBA Ethics Opinion 09
Improper for lawyer to bid competitively for employment with municipal corporation.

NYSBA Ethics Opinion 10
Improper for lawyer to arrange foreign state divorce where foreign court is not advised with respect to the client's actual residence.

NYSBA Ethics Opinion 11
Lawyers may endorse judicial candidates, and such candidates may announce the support of certain attorneys so long as there is no appearance of impropriety.

NYSBA Ethics Opinion 12
Not improper for lawyers to endorse judicial and other political candidates if endorsement is not a form of indirect advertising.

NYSBA Ethics Opinion 13
Lawyer may announce intent to specialize in patent law, and announcement may refer to a particular public office from which lawyer is returning to private practice, but it is improper to mention prior private offices.

NYSBA Ethics Opinion 14
Lawyer should take steps to see that former client does not successfully perpetrate fraudulent claim, and disclosure of that client's confidences to avoid a crime would be proper.

NYSBA Ethics Opinion 15
Improper for several attorneys who share a suite of offices to use a firm name and hold themselves out to the public as a partnership when they are not partners.

NYSBA Ethics Opinion 16
Not improper for lawyer to have name in a simple listing of lawyers' names, either alphabetically or classified.

NYSBA Ethics Opinion 17
Improper for biographical and specialization data to appear in publication which is not an approved law list.

NYSBA Ethics Opinion 18
Classified and alphabetical listing of attorney is proper so long as there is no reference to a specialization other than the traditional specialities of the bar.

NYSBA Ethics Opinion 19
Lawyer should not practice in court in which he sits as part-time judge.

NYSBA Ethics Opinion 20
Improper for lawyer who aspires to public office to send congratulatory messages to those personally unknown to him and with whom the lawyer has no personal relations.

NYSBA Ethics Opinion 21
Proper to indicate one's specialization on letterhead where practice is in one of the recognized specialties.

NYSBA Ethics Opinion 22
Lawyer-accountant relationship must be such as to avoid unauthorized practice of law by a lay agency, division of fees for legal services with non-lawyers, or lawyer holding himself out as engaged in dual practice.

NYSBA Ethics Opinion 23
Improper for same individual to serve as both Village Attorney and Public Defender.

NYSBA Ethics Opinion 24
No impropriety in corporate patent attorney indicating his speciality as a title after his signature.

NYSBA Ethics Opinion 25
Improper for lawyer to undertake suit against former client where client's secrets or confidences might be divulged.

NYSBA Ethics Opinion 26
Improper for lawyer to use his name in real estate business and to conduct both activities from the same office.

NYSBA Ethics Opinion 27
Improper to offer legal research service to business corporations or non-lawyers, but no impropriety in offering such service to other lawyers.

NYSBA Ethics Opinion 28
Counsel must determine if it is in best interest of minor defendant to execute a general release to have criminal charges dropped.

NYSBA Ethics Opinion 29
Improper for an associate to appear before Justice of the Peace where other Justice of the Peace is partner in the associate's law firm.

NYSBA Ethics Opinion 29a
Improper for an associate to appear before Justice of the Peace where other Justice of the Pease is partner in the associate's law firm.

NYSBA Ethics Opinion 30
Improper for judge not to resign before becoming a candidate for non-judicial office.

NYSBA Ethics Opinion 31
Improper for lawyer's services to be touted by Savings and Loan Assn.

NYSBA Ethics Opinion 32
partners of law firm may share fees which one partner receives as executor of an estate.

NYSBA Ethics Opinion 33
Proper for Assistant Public Defender to represent defendant with interests which conflict with defendant represented by Public Defender.

NYSBA Ethics Opinion 34
Improper for lawyer to have name in bold type in law lists and directories where it is different from other names in listing.

NYSBA Ethics Opinion 35
Not imporper for lawyer to permit use of his name in a testimonial which does not disclose that he is a lawyer.

NYSBA Ethics Opinion 36
Lawyers may send announcement of tax specialization to other lawyers only.

NYSBA Ethics Opinion 37
Lawyer's assumption of personal responsibility for client's medical expenses would be improper.

NYSBA Ethics Opinion 37a
Lawyer's assumption of personal responsibility for client's expenses for experts in the preparation of litigation is not improper provided client is to reimburse lawyer.

NYSBA Ethics Opinion 38
Lawyer may not represent both buyer and seller of real estate where there is a clear instance of coflicting interests.

NYSBA Ethics Opinion 38a
Consent and full disclosure may permit representationof real estate buyer and seller.

NYSBA Ethics Opinion 39
Part-time judge should not be employed in any matter which might be brought before court of which he is a member.

NYSBA Ethics Opinion 40
Partner of part-time Asst. Dist. Attorney may not appear in defense of clients in traffic or misdemeanor cases in same county where partner is Asst. Dist. Atty.

NYSBA Ethics Opinion 41
Improper for letterhead to contain statement that lawyer is admitted to practice in another state.

NYSBA Ethics Opinion 42
Lawyer's announcement of specialty in Mexican divorces is improper even if mailed only to other attorneys.

NYSBA Ethics Opinion 43
Lawyers may participate in the work of community law offices for the poor if the Appellate Division grants such approval.

NYSBA Ethics Opinion 44
Law clerk's role is that of student, and attorney must provide supervision and not permit clerk be involved in matters involving independent discretion or judgment.

NYSBA Ethics Opinion 45
Firm Name. Deceased Partner

NYSBA Ethics Opinion 46
Proper for lawyer to mail pamphlets to clients and make pamphlets available in office where name does not appear on pamphlets and purpose is to teach laymen the advantages of legal services.

NYSBA Ethics Opinion 47
Lawyer may not communicate with opposing party without permission of opposing counsel, even where lawyer suspects violation of a canon of ethics, until case is settled.

NYSBA Ethics Opinion 48
Lawyer winding up practice of deceased lawyer must have clients' consent to perform work, may receive compensation from estate of deceased for work on which deceased received prepayment, but should not split fees with estate or with lawyer's widow.

NYSBA Ethics Opinion 49
Patent lawyer may circulate an announcement to other patent lawyers and to members of patent law association who are non-lawyers.

NYSBA Ethics Opinion 50
Improper for lawyer to make limited appearance on behalf of client so client could then privately negotiate a settlement.

NYSBA Ethics Opinion 51
Lawyer may list name in community directory where he does not practice so long as he does not include designation "atty" or "lwyr".

NYSBA Ethics Opinion 52
Former part-time public employee in District Attorney's office should not defend cases which were in District Attorney's office during his period of employment.

NYSBA Ethics Opinion 53
Improper for lawyer to give free legal advice to employees of lawyer's corporate employer.

NYSBA Ethics Opinion 53a
Improper for lawyer to give free tax accounting advice to employees of lawyer's corporate employer.

NYSBA Ethics Opinion 54
Lawyer should decline employment where his knowledge of prior client's case might work to disadvantage of prior client.

NYSBA Ethics Opinion 55
Not improper for friendly relationship to develop between Court and prosecutor so long as impartial decisions can be rendered.

NYSBA Ethics Opinion 56
Lawyer may not be retained by corporation to represent third party chiropractors.

NYSBA Ethics Opinion 57
Part-time police justice may defend clients in other courts so long as client is not charged with violation of ordinance within jurisdiction of police justice.

NYSBA Ethics Opinion 58
Lawyer named to public office may keep his name in former firm so long as not misleading to clients and others, and firm does not appear before that body.

NYSBA Ethics Opinion 59
Lawyer may serve as counsel to corporation or as chief executive officer, but he should not provide legal aadvice to subscribers of a service.

NYSBA Ethics Opinion 60
Lawyer may have independent business but must observe certain ethical restrictions.

NYSBA Ethics Opinion 61
Lawyer may solicit employment as house counsel or as employee but not where relationship is to be attorney-client, unless personal relations warrant.

NYSBA Ethics Opinion 62
Lawyer member may not list specialties in a lawyer association membership directory.

NYSBA Ethics Opinion 63
Lawyer may send form letter to foreign corporation retrainer clients describing changes in U.S. and local laws.

NYSBA Ethics Opinion 64
Improper for part-time judge to hold office in political club even though judge's duties are limited and part-time.

NYSBA Ethics Opinion 65
Partners of acting village police court judge may not appear before regular judge of the court.

NYSBA Ethics Opinion 66
Lawyer may author articles of general legal information so long as he does not answer specific questions and does not appear to solicit.

NYSBA Ethics Opinion 67
Lawyer may not arrange newspaper publicity for client where lawyer's name or picture would also appear.

NYSBA Ethics Opinion 68
Lawyer may handle private placement adoptions where law is in apparent conflict. Improper for lawyer to represent both natural and adoptive parents.

NYSBA Ethics Opinion 69
Lawyer may disclose certain information of client's case to proper authority where lawyer has fully advised client of, and endeavors to protect him from consequences of disclosure.

NYSBA Ethics Opinion 70
Local custom dictates use of retiring partner's name.

NYSBA Ethics Opinion 71
Legal Aid Society circulars should inform indigents of their rights and available facilities rather than solicit clients or stir up litigation.

NYSBA Ethics Opinion 72
Distinctive listing in telephone directories improper.

NYSBA Ethics Opinion 73
Attorney employed by carrier has superior duty to assured, his client.

NYSBA Ethics Opinion 74
Representation of injured child in action against insured parents. Attorney retained by parents.

NYSBA Ethics Opinion 75
May Legal Aid Societies send letters informing indigent clients that there is pending an eviction proceeding against them.