New York City Bar Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the New York City Bar, with full citations and source links on every page.
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May a New York lawyer who is, or whose client is, legally immune (judges, prosecutors, legislators, diplomats, the President) deviate from the New York Rules of Professional Conduct in conduct that is illegal or fraudulent?
Per the opinion, no. The committee concludes that the Rules make no exception for lawyers or clients with legal immunity. Acts that are 'illegal' or 'fraudulent' do not become innocent because the per…
Must a New York-admitted government lawyer (DOJ or other federal, state, or local agency) comply with the New York Rules of Professional Conduct even when doing so requires disobeying a superior's directive?
Per the opinion, yes. The committee concludes that the Rules apply to all New York lawyers, including government lawyers. A government lawyer's discretion to refuse a superior's directive that would r…
What are the New York ethics obligations of a lawyer or law firm using generative AI tools in practice (chatbots, legal-research AI, document review and analytics)?
The opinion provides general guidance rather than hard rules. Per the opinion, a New York lawyer using generative AI must consider confidentiality (Rule 1.6), conflicts (Rules 1.7-1.12), competence an…
What counts as an "ex parte proceeding" that triggers a lawyer's duty to disclose adverse facts to the court under Rule 3.3(d)?
Rule 3.3(d) requires a lawyer in an ex parte proceeding to disclose material facts, including adverse ones, that let the tribunal decide informed. The opinion reads "ex parte proceeding" narrowly: it …
Is it an ethics violation for a New York lawyer to copy from other sources without attribution in a brief or court filing?
Not per se. The opinion concludes that copying another's writing without attribution in a litigation filing is not always deceptive under Rule 8.4(c), so it is not a per se violation. Depending on the…
Is a New York prosecutor's ethical duty to disclose favorable evidence under Rule 3.8(b) the same as the Brady constitutional duty?
No. The opinion concludes Rule 3.8(b) is broader than Brady: it has no materiality threshold, so a prosecutor must disclose any known information that tends to negate guilt or mitigate the offense or …
What must a lawyer do after a case ends if they learn that material evidence they or their client offered was false?
The opinion concludes that under New York Rule 3.3(a)(3) the lawyer must take reasonable remedial measures, and unlike the ABA rule the duty survives the end of the proceeding. The lawyer must first t…
Can a lawyer look at jurors' social media profiles to research them during a trial?
Yes, the opinion concludes, as long as the research causes no communication with the juror. A friend request, or any notification that tells the juror they were viewed, can be a prohibited communicati…
What can a New York lawyer say to a self-represented person on the other side, and must the lawyer correct that person's confusion about the lawyer's role?
The opinion concludes a lawyer may advise a self-represented adversary to get counsel and may give incontrovertible facts or law, but may not mislead them; the lawyer must clarify her role when she kn…
If a lawyer learns that a prior discovery response was wrong because the client actually has responsive documents, can the lawyer disclose that over the client's objection?
The opinion concluded that the discovery-correction duty of Federal Rule 26(e) is 'required by law' under DR 4-101(C)(2), so the lawyer may disclose the documents' existence even though it is a client…
Can a lawyer agree with a client, in a retainer or otherwise, that the client will pay any Rule 11 or Part 130 sanctions imposed on the lawyer?
The opinion concluded that an agreement shifting court-imposed sanctions from the lawyer to the client, whether made before or after sanctions are imposed, is improper, because sanctions on a lawyer r…
What must a lawyer do if a client intercepts and copies privileged communications between the opposing party and that party's lawyer?
The opinion concluded that a lawyer may not counsel a client to intercept an adversary's privileged communications, even in retaliation; and a lawyer whose client did so on its own may not use the doc…
Can a lawyer hand-deliver an argument letter to the judge but only mail the copy to opposing counsel?
The opinion concluded that it is improper to delay an adversary's knowledge of a written argument to a tribunal by hand-delivering it to the court while mailing the copy to opposing counsel, and that …
Must a government agency lawyer who also represents a discrimination complainant disclose information adverse to the complainant that the complainant confided?
The opinion concluded that when the agency lawyer also represents the complainant, the lawyer need not disclose the adverse confidence to the employer so long as no misrepresentation is made to the tr…
Can a lawyer draft pleadings and advise a litigant who appears pro se without disclosing that help to the court and opposing counsel?
The opinion concluded that a lawyer may provide limited behind-the-scenes help to a pro se litigant, but where the assistance is active and substantial, including drafting any pleading, the fact of le…
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Legal ethics opinions from the New York City Bar interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.