Ethics Opinions Issued by the NYSBA Committee on Professional Ethics that
relate to Labor and Employment Law:
Conflict of Interest — Former Client Conflicts
Conflict of interest; governmental entities
Lawyer as witness; arbitration
Communications with adverse party; governmental
Liability for litigation expenses; withdrawal
of attorney if client does not advance or accept liability for expenses
Communication by attorney with adverse
"Reasonable Compensation" of a Witness.
Contingent fees; computation thereof.
Advertising; Solicitation; Class Action.
Delegation of Lawyer's Duties to Paralegal.
Legal fees; combination of hourly and
Confidentiality; Unauthorized Disclosure; Fraud
Circumstances justifying non-compliance with
Compensation of lawyer as witness.
Lawyers submission of client billing records to
outside auditor employed by insurance company.
Communicating with represented party;
communicating with unrepresented party; advice to non-client concerning risk of
Settlement agreements; restrictive
Attorney’s obligation to report to a client a
significant error or omission that may give rise to a possible malpractice
Labor union; lawyer for organization
Competence; excessive case load
Expenses of litigation; interest charged to
lawyer passed on to clients
Advertisement of Legal Services; Street
Address; Web Site or E-mail Address
Former client and/or successor counsel is
presumptively entitled to access all attorney files.
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.
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
Threatening and presenting criminal,
administrative and disciplinary charges to obtain an advantage in a civil
Law firm's supervisory responsibilities upon
hiring a secretary, paralegal or other nonlawyer who has previously worked at
another law firm.