Ethic Resource Page For The Labor and Employment Law Section

Ethics Opinions Issued by the NYSBA Committee on Professional Ethics that relate to Labor and Employment Law:

Opinion 628
Conflict of Interest — Former Client Conflicts

Opinion 629
Conflict of interest; governmental entities

Opinion 642
Lawyer as witness; arbitration

Opinion 652
Communications with adverse party; governmental entity

Opinion 653
Liability for litigation expenses; withdrawal of attorney if client does not advance or accept liability for expenses

Opinion 656
Communication by attorney with adverse party

Opinion 668
"Reasonable Compensation" of a Witness.

Opinion 669
Contingent fees; computation thereof.

Opinion 676
Advertising; Solicitation; Class Action.

Opinion 677
Delegation of Lawyer's Duties to Paralegal.

Opinion 697
Legal fees; combination of hourly and contingency fee.

Opinion 700
Confidentiality; Unauthorized Disclosure; Fraud on Tribunal.

Opinion 713
Circumstances justifying non-compliance with clients instructions.

Opinion 714
Compensation of lawyer as witness.

Opinion 716
Lawyers submission of client billing records to outside auditor employed by insurance company.

Opinion 728
Communicating with represented party; communicating with unrepresented party; advice to non-client concerning risk of self-incrimination

Opinion 730
Settlement agreements; restrictive covenants.

Opinion 734
Attorney’s obligation to report to a client a significant error or omission that may give rise to a possible malpractice claim

Opinion 743
Labor union; lawyer for organization

Opinion 751
Competence; excessive case load

Opinion 754
Expenses of litigation; interest charged to lawyer passed on to clients

Opinion 756
Advertisement of Legal Services; Street Address; Web Site or E-mail Address

Opinion 766
Former client and/or successor counsel is presumptively entitled to access all attorney files.

Opinion 767
Certified impartial hearing officer may not represent clients in hearings in same school district or if other conflict of interest exists; may include certification in advertising.

Opinion 768
A lawyer representing a government agency in a civil matter may be present and counsel the lawyer's own client at a meeting with a person known to be represented in that matter without opposing counsel's consent, provided that the lawyer gives reasonable advance notice to opposing counsel of the lawyer's intention to attend the does not communicate with the opposing party. If a lawyer has a reasonable basis to believe that a person may be represented by counsel in a matter, the lawyer has a duty to inquire further. If a lawyer does not know that a person is represented by counsel in connection with a matter, and participates in a communication with such an unrepresented party, a lawyer's statement of a client's legal position in the matter does not constitute impermissible legal advice to an unrepresented person.

Opinion 772
Threatening and presenting criminal, administrative and disciplinary charges to obtain an advantage in a civil matter

Opinion 774
Law firm's supervisory responsibilities upon hiring a secretary, paralegal or other nonlawyer who has previously worked at another law firm.