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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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…
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…
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…
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 …
Can a New York lawyer's health concerns about appearing in court in person during a pandemic create a conflict of interest that requires withdrawal?
A lawyer's serious health concerns about a required in-person court appearance during a public health crisis can be a personal-interest conflict under Rule 1.7(a)(2). Whether one exists is fact-specif…
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…
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…
What are a New York prosecutor's ethical duties when evidence surfaces after conviction suggesting a defendant may be innocent?
Rule 3.8(c) sets a minimum duty when a prosecutor knows of new, credible, material evidence creating a reasonable likelihood a convicted defendant did not commit the offense. The opinion concludes the…
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…
When a legal aid lawyer gives brief advice through a social worker for a low-income client, what ethics rules apply?
If the brief help creates an attorney-client relationship with the individual, the lawyer must avoid conflicts, get informed consent to a reasonable limited-scope representation, and provide competent…
If a fire, flood, or other accident destroys client files, does a lawyer have to tell the clients?
Often yes. The opinion concludes that when destruction of a file compromises competent and diligent representation, the lawyer must take reasonable steps to reconstruct it or notify the client if unab…
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…
In New York, can a retired attorney who still does unpaid legal work use 'attorney-at-law' letterhead, and must they disclose that they are retired?
Yes. A New York attorney who is retired (and so may practice without charging a fee) may use professional letterhead identifying as an attorney-at-law, and may but need not state that they are retired…
Can a lawyer charge a forfeitable initiation retainer and advertise a fee discount without stating the standard fee?
No to both. The opinion concluded a lawyer may not charge an initiation/retainer fee that is forfeited entirely if the client terminates, and may not advertise that some clients get a discount from 's…
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 for-profit agency place temporary lawyers with law firms, and how must the agency, the firm, and the temporary lawyer structure the arrangement to satisfy the ethics rules?
The opinion concluded that the agency as proposed was improper because its fee structure and operation would assist the unauthorized practice of law and risk fee-splitting, but that a temporary-lawyer…
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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.