New York State Bar Association Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the New York State Bar Association, with full citations and source links on every page.
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Can a lawyer who serves on a state criminal-investigation agency also defend criminal cases in private practice, even in another jurisdiction?
The opinion concluded that a member of a state investigation agency charged with enforcing the criminal laws may not defend criminal matters in private practice, even in another jurisdiction, because …
Is a lawyer who routinely fails to return a client's phone calls acting improperly?
The opinion concluded that consistently failing to respond to a client's telephone calls as a course of conduct is improper, because the client has a continuing right to reasonable access to counsel; …
Can a lawyer who once represented a corporation later sue its former president for stock-sale fraud on behalf of a stockholder?
The opinion concluded that a lawyer who formerly represented a corporation may not represent a stockholder suing the former president individually for stock-sale fraud unless the matter would require …
Can a Legal Aid Society advertise in a newspaper that free legal help is available to the indigent and list the kinds of cases it handles?
The opinion concluded that a Legal Aid Society may publish in a newspaper the availability of its services for the indigent and the categories of matters it handles, because the Code's advertising ban…
What work can a lawyer delegate to a law clerk who has filed a certificate of clerkship?
The opinion concluded that a law clerk who has filed a certificate of clerkship is a legal assistant subject to the same limits as other non-lawyer aides; work may be delegated only if the lawyer keep…
Can a part-time State Estate Tax Attorney also represent private clients in Surrogate's Court?
The opinion concluded that a State Estate Tax Attorney may represent private clients in Surrogate's Court only in non-tax matters, never in matters involving the State Department of Taxation and Finan…
What can a lawyer running for judge put in campaign material, and can he call himself a judge based on a judges'-association membership?
The opinion concluded that a judicial candidate may state, in a dignified way, relevant qualifications such as arbitrator experience, training, and organizational memberships, but may not call himself…
Can a lawyer take a contingent fee for handling a rate-increase application before an administrative agency?
The opinion concluded that, unless prohibited by statute or rule, a contingent fee for processing an administrative rate-increase application is not improper per se, provided it is reasonable, openly …
Can a former town justice later appear as town attorney in a matter he ruled on while he was the judge?
The opinion concluded that it is improper for a lawyer to accept employment as an advocate in any matter on whose merits he previously acted in a judicial capacity.
Can a law firm partner also maintain a separate solo practice using his own letterhead at the firm's address?
The opinion concluded that a partner may also represent clients individually if there is a valid reason for the dual practice, clients understand the lawyer and not the firm represents them, and confu…
Can a lawyer serving on a volunteer county charter-revision committee also represent a union negotiating against that county?
The opinion concluded that a lawyer on a volunteer citizens' charter-revision committee may also represent a civil-service employees association in negotiations and litigation with the county, because…
Can a lawyer hire a part-time secretary who keeps working at an adversary law firm?
The opinion concluded that a lawyer may not employ a part-time secretary who continues to work at another law office with which he has periodic adversarial contact, because the foreseeable leak of cli…
Can a town attorney who advises the town assessor in his official capacity later represent the town in a dispute against the assessor?
The opinion concluded that a town attorney who has represented the town assessor only in his official capacity may represent the town in a proceeding by or against the assessor, provided no confidenti…
Can a lawyer practice in a court where his brother is the judge?
The opinion concluded that a lawyer need not forgo practice in a court where his brother is a judge, absent a statutory prohibition or special circumstances; it is the judge, not the lawyer, who is no…
Does a client's new lawyer have to notify the former lawyer about a settlement?
The opinion concluded that, absent a statutory lien, a successor lawyer has no duty or right to notify the discharged predecessor of a settlement without the client's consent; the successor is not res…
Can a law firm announce that it is the 'successor' to a lawyer who left practice to become a judge?
The opinion concluded that an announcement describing a firm as 'successor' to a lawyer who retired from practice to become a judge is improper: it is advertising barred by DR 2-101 and an indirect so…
Can a professional corporation's name include a former partner or an of-counsel lawyer?
The opinion concluded that a professional legal corporation's name may not include a former partner who continues to practice law elsewhere, nor a lawyer who was only 'of counsel' to the predecessor p…
Can a lawyer who volunteers as a small-claims arbitrator also practice before that same small-claims part?
The opinion concluded that an attorney who occasionally serves gratuitously as an arbitrator in a small claims part may also practice before that same part, provided he never acts in both capacities i…
Can a lawyer offer himself to a community group as a speaker on legal topics?
The opinion concluded that it is improper for a lawyer, on his own initiative, to contact a lay organization and offer his services as a public speaker on legal topics, because the inevitable effect i…
Can a lawyer defend criminal cases in the county where their spouse is a probation officer?
The opinion concluded that it is not improper per se for a lawyer to represent criminal defendants in the county where the lawyer's spouse is a probation officer before any probation report is needed,…
Can a lawyer hand a client's escrow-account checks to government investigators without the client's consent?
The opinion concluded that a lawyer should not turn over a client's escrow-account records to government investigators without the client's consent unless directed by a proper tribunal or required by …
Can a law clerk to a Supreme Court Justice also hold another part-time State government job?
The opinion concluded that, absent a controlling statute or court rule, a part-time law clerk to a Supreme Court Justice may simultaneously hold another part-time State position only if that work does…
Can a lawyer let a corporation list them as its counsel in the company's published financial statement?
The opinion concluded that a lawyer may not ordinarily permit being named as counsel in a corporation's financial statement published in a newspaper of general circulation, but that the identification…
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Legal ethics opinions from the New York State Bar Association 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.