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.
No New York City Bar opinions match these filters
Try a different search term or clear the filters.
What does a New York lawyer have to do when AI tools (whether the lawyer's or the client's) record, transcribe, and summarize attorney-client conversations on Zoom, Teams, or similar platforms?
The opinion concludes the lawyer must obtain client consent before AI records the call, must independently review any AI-generated transcript or summary for accuracy, must safeguard confidentiality an…
If a New York lawyer signs a contract (engagement letter, outside-counsel guideline, or employment policy) that purports to limit the lawyer's Rules-granted discretion, is the lawyer ethically bound by that contract?
The opinion concludes that lawyer and client cannot alter the Rules by agreement; a New York lawyer always retains the discretion the Rules grant, even where exercising it would breach a contract. Ent…
After a law firm suffers a data breach or ransomware attack, when must a New York lawyer tell clients, and can the lawyer pay or lie to the extortionist?
A lawyer must take reasonable steps to protect client data and, under Rule 1.4, promptly notify current clients when a cyber incident is a material development. Paying a ransom is neither prohibited n…
Can a New York lawyer review or sign a client's litigation funding agreement, and what are the lawyer's duties on fee sharing, conflicts, confidentiality, and control of the case?
Client-directed litigation funding does not violate Rule 5.4 because the funder is repaid from the client's recovery, not the lawyer's fee. A lawyer reviewing such an agreement must watch for conflict…
If I cc my own client on an email to opposing counsel, can the other lawyer reply-all directly to my client, and what about bcc?
A lawyer who cc's a client on an email to other counsel generally gives that counsel implied consent under Rule 4.2 to reply-all and thereby communicate directly with the client, though the consent is…
Can a client give a lawyer advance authority to settle within a set range, and can the client take that authority back?
A client may grant advance settlement authority, but it is limited: the client may revoke it at any time, and the lawyer has a continuing duty to keep the client informed of material developments and …
When a lawyer is subpoenaed for documents containing a current or former client's confidential information, must the lawyer comply, object, or fight it?
The lawyer must notify the affected current or former client and seek consent to respond. If consent is not obtained, the lawyer may rely on Rule 1.6's "authorized by other law or court order" excepti…
When a lawyer represents several clients with related cases, when does settling them together count as an aggregate settlement requiring each client's written consent under Rule 1.8(g)?
Grouping separate but related cases for settlement where the terms are interdependent is an aggregate settlement requiring each client's written informed consent (or court approval). Even settling one…
When a lawyer receives a document the other side sent by mistake, can the lawyer use it, or only notify the sender?
Rule 4.4(b) requires the receiving lawyer to promptly notify the sender, but does not itself bar using inadvertently sent information. Whether the lawyer may or must use it turns on substantive law an…
Does a New York lawyer have a duty to investigate when asked to help with a transaction the lawyer suspects may be a crime or fraud?
The Rules do not expressly require investigation, but the opinion concludes a duty to inquire is implicit in some circumstances, arising from the Rule 1.1 competence duty and the Rule 1.2(d) bar on kn…
Can a New York lawyer take protective action and disclose confidential information for a prospective client who has seriously diminished capacity?
Yes. The opinion concludes a lawyer may take reasonably necessary protective action when a prospective client has seriously diminished capacity, cannot act in their own interest, and risks substantial…
When a New York lawyer jointly represents two clients without a conflict, what must the lawyer tell them about how joint representation works?
Even without a conflict requiring informed consent, the opinion concludes Rule 1.4 requires the lawyer to explain the implications of joint representation, including that information material to the r…
What must a lawyer do to protect client confidences when crossing the U.S. border with a laptop or phone?
Before crossing, a lawyer must take reasonable steps to avoid carrying or exposing confidential client data; at the border the lawyer may comply with an agent's lawful-authority demand only after reas…
If I discover another lawyer at my firm fraudulently billed a client, must I report it to the disciplinary authority?
The Rule 8.3 duty to report another lawyer's billing fraud is limited by the duty of confidentiality: the firm must tell the client, but it may not report to a disciplinary authority if doing so would…
Can a lawyer hired as local counsel limit how much responsibility they take on for the case?
Yes, but only through an agreement that limits the scope of representation under Rule 1.2(c). The opinion concludes the "local counsel" label alone does not narrow a lawyer's duties; any limit must be…
What are a lawyer's duties when an internet scammer poses as a client and sends a fake check to the trust account?
The opinion concludes a lawyer owes no confidentiality duty to someone whose purpose is to defraud the lawyer and may report them, but only after reasonable diligence confirms the person is not a genu…
Can a New York lawyer charge a flat, nonrefundable monthly retainer fee?
The opinion concludes such a fee may be permissible only if it is not excessive, is fully earned, does not impede the client's right to terminate, and is clearly disclosed. Because the monthly fee ble…
What must a lawyer do after receiving a document sent by mistake, like a misdirected email?
The opinion concludes that under Rule 4.4(b) a lawyer who knows or reasonably should know a document was sent inadvertently must promptly notify the sender, and has no other ethical duty under the New…
Can a New York lawyer email or write directly to a represented person if the lawyer copies that person's counsel at the same time?
No. The opinion concludes the no-contact rule bars a simultaneous direct communication to a represented person and her counsel unless the lawyer first obtains the other lawyer's prior consent or is au…
Can a lawyer secretly tape record a conversation without telling the other party it is being recorded?
Not as a matter of routine practice; undisclosed taping is improper because it smacks of trickery. The opinion permits it only where the lawyer has a reasonable basis to believe that disclosure would …
If a client decides on her own to contact the represented opposing party, can her lawyer advise her on what to say?
Yes. Where the client conceives the idea of contacting a represented party, the no-contact rule does not bar the lawyer from advising on the substance, so long as the lawyer does not use the client to…
Can a lawyer charge a client interest on unpaid legal fees, and at what rate?
The opinion concluded a lawyer may charge interest on unpaid fees, whether or not the retainer agreement provides for it, if the client is informed of the charge and given a reasonable chance to pay b…
When two law firms merge, must the firm get each client's consent, or at least notify clients, about the change?
The opinion concluded a merging firm need not obtain clients' express consent to their matters being handled by the new firm, but should notify clients where the merger would leave them represented by…
Can a lawyer represent, or be represented by, the opposing counsel in an unrelated matter the two are litigating against each other?
It depends on the facts. The opinion concluded there is no per se bar; the propriety turns on a fact-specific own-interest conflict analysis under DR 5-101(A), and only the lawyer who becomes a client…
If a lawyer and client can only communicate through a language or sign-language interpreter, must the lawyer consider and arrange for a qualified interpreter?
The opinion concluded that a lawyer representing a client with whom effective direct communication is only possible through an interpreter must evaluate the need for interpreter services and take step…
Can a lawyer tell a client to contact the represented opposing party directly to talk settlement, and what if the client does it on their own?
The opinion concluded a lawyer may not advise or encourage a client to contact a represented adverse party directly, need not stop a client who does so on their own, but may not assist or advise on th…
Must a lawyer tell a client that the lawyer is seeking or considering a job with someone whose interests are adverse to that client?
The opinion concluded that a lawyer's focused, concrete interest in future employment adverse to a client is a personal interest under DR 5-101(A) that requires disclosure and the client's consent, no…
Can a law firm pay a temporary-lawyer placement agency a fee tied to the temporary lawyer's hours or pay, and what must the firm tell the client?
The opinion concluded, modifying its earlier view, that an agency's fee (even one calculated from the temporary lawyer's time or compensation) is payment for non-legal placement services, not a legal-…
After a lawyer's firm dissolves and a judgment is vacated, must the lawyer keep representing the client at a new trial, and what are the duties around the contingency fee?
The opinion concluded that whether the lawyer may keep the contingency fee and whether the original retainer requires continued representation are legal questions beyond the committee's jurisdiction, …
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…
Browse New York City Bar opinions by topic
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.