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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Can a New York lawyer or law firm represent two or more clients bidding against each other for the same asset?
Representing competing bidders for the same asset generally creates a conflict of interest, but the conflict is often waivable in a firm setting using separate teams and information walls, or by a law…
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…
After a firm loses a pitch (beauty contest), can it represent the other side in the same matter?
The opinion concludes that under Rule 1.18 a firm owes a prospective client duties even when no representation follows: it cannot use or reveal confidential information learned in the consultation, an…
Can a lawyer contact a former client directly to collect fees or get the file when the client now has new counsel?
Not without successor counsel's consent, the opinion concludes. Rule 4.2 bars a lawyer, even one acting pro se on her own behalf, from contacting a former client she knows is represented by new counse…
When a firm hires a law school graduate who worked in a school legal clinic, can the firm take or keep matters against the clinic's former clients?
Generally yes. The firm may accept or continue matters adverse to clinic clients, but where the matter is substantially related or the graduate gained material confidences, the firm should screen the …
Can a law firm second (loan) a lawyer to a client or host organization without the firm inheriting the host's conflicts and vice versa?
Yes, if during the secondment the lawyer is not 'associated' with the firm: the ongoing relationship is narrowly limited and the lawyer is securely screened from the firm's client confidences. A parti…
When a conflict is thrust upon a firm mid-representation (for example by a client's acquisition) and one client won't consent, must the firm drop both clients?
No. For a genuinely unforeseeable 'thrust upon' conflict that arose through no fault of the lawyer and does not risk material confidences, the firm is not always required to withdraw from both. It may…
Can a lawyer voluntarily testify or give an affidavit about a former client without being subpoenaed?
There is no per se bar, but the lawyer may not voluntarily reveal a former client's confidence or secret unless the client consents, another DR 4-101(C) exception applies, or the information is genera…
If a lawyer holds confidential information from one client that would help another client, does that alone create a conflict barring the second representation?
No, not by itself. Merely possessing embargoed confidential information does not create a conflict; the question is whether either representation would be impaired, namely whether the lawyer cannot av…
What conflict-checking records and systems must a New York law firm keep to comply with DR 5-105(e)?
Every New York law firm, including solo practitioners, must keep written or electronic records of each engagement (at minimum client names, adverse party names, and a description of the matter) and mu…
Can a lawyer narrow the scope of a representation to carve out the part that would conflict with another current or former client?
Yes. A lawyer may limit a representation to eliminate the adverse portion and avoid a conflict, if the client consents after full disclosure and the limited representation is still adequate; the lawye…
When former joint clients become adversaries, can a lawyer give one the file if it reveals the other's confidential information?
The opinion concluded a lawyer who jointly represented two clients who became adversaries may not give one documents or information revealing the other's sensitive confidential matters unless both con…
Does representing a trade association make every member a client, barring the lawyer from later opposing a member?
The opinion concluded there is no per se rule that representing a trade association creates an attorney-client relationship with each member; whether a member becomes a client, and thus whether the la…
Can a former in-house lawyer sue a former employer for discrimination and help prepare a class action against it?
The opinion concluded a former in-house lawyer may pursue his own discrimination claims against the former employer and help prepare a class action, but may not use or reveal the employer's confidence…
Can a law firm suing a former client for unpaid fees reveal what the client told it in confidence?
The opinion concluded that a firm suing a former client for fees may disclose the client's confidences and secrets only to the extent strictly and clearly necessary to establish or collect the fee or …
When a prosecutor threatens a lawyer with indictment, can the lawyer reveal a former client's confidences to clear himself?
The opinion concluded that a lawyer accused of wrongful conduct may disclose a former client's confidences and secrets under the self-defense exception even before any formal charge, but only to the e…
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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.