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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If a lawyer filed an immigration petition for a client's wife, can the lawyer later represent the wife in an abuse-based self-petition against that client?
No, not where the husband is a current or former client, because the matters are substantially related and the wife's interests are materially adverse, and informed consent cannot be obtained without …
If a lawyer holds a client's durable power of attorney and the client becomes incapacitated, can the lawyer petition to have a guardian appointed and act as the lawyer in that proceeding?
The opinion concluded that a lawyer-agent may petition for a guardian without the client's consent only if the client is incapacitated, no less-restrictive alternative (including the power of attorney…
When a lawyer moves to a new firm, when is the lawyer (and the new firm) barred from handling matters adverse to a client of the old firm?
The opinion concluded that, absent the former client's consent, a moving lawyer may not take on a matter adverse to a former client if the lawyer personally represented the client or acquired relevant…
When a lawyer moves to a new firm, what client information may the lawyer disclose so the new firm can run conflict checks?
The opinion concluded the new firm must seek, and the moving lawyer may disclose, the names of the lawyer's clients and (depending on the old firm's size) the old firm's clients for a reasonable perio…
Can a lawyer who represents a foster care agency in terminating parental rights then represent the prospective adoptive parents who want to adopt that child?
The opinion concluded no: a lawyer representing a foster care agency in surrender or termination-of-parental-rights proceedings may not represent the prospective adoptive parents either at the same ti…
When a private lawyer is elected district attorney, can the new DA prosecute someone the lawyer's former firm represents, and is the whole office disqualified?
The opinion concluded that the new DA may prosecute a former-firm client where the lawyer did not participate personally and substantially and learned no relevant confidences; if the DA is disqualifie…
Can a lawyer sue a former client when the new matter is unrelated, and does the recency of the prior representation matter?
The opinion concluded that a lawyer may represent a plaintiff against a former client unless the matters are substantially related or the lawyer holds relevant confidences; the duty of loyalty ends wh…
Can a small public defender's office represent a defendant when a prosecution witness is a former client of the office, and can consent or office size change the answer?
The opinion concluded that the office is disqualified unless the prior matter is unrelated and no relevant confidences were obtained; informed consent of each client can cure the conflict; and absent …
After leaving a Legal Aid Society, can a lawyer represent the same indigent clients for a fee in private practice?
The opinion concluded that a former Legal Aid staff attorney may represent prior clients privately, but not for a fee on the same matters they handled at the Society while those clients still qualify …
Must a lawyer keep client confidences he learned while working as a paralegal before admission, and is his new firm disqualified?
The opinion concluded that a lawyer is bound to preserve confidences and secrets he acquired as a paralegal before admission, so where that information is relevant he may not take the adverse matter, …
Can a part-time DA or staff prosecute a defendant the DA and an assistant had defended in private practice?
The opinion concluded that a part-time DA and the assistant who had defended a person may not prosecute or oppose that former client, the whole small staff is disqualified, and the defendant's waiver …
Can a lawyer warn a former client that the client's new lawyer may have a conflict of interest?
The opinion concluded that a lawyer who only suspects another lawyer's conflict may report the suspicion to a disciplinary authority but should not communicate it to that lawyer's present client; actu…
Can a lawyer sue a former client for defamation over a complaint the client filed with a grievance committee?
The opinion concluded that a lawyer may not sue a former client for defamation based on a grievance-committee complaint where the lawyer has reason to believe the statements are protected by an absolu…
Can a former deputy town attorney later represent private clients in tax certiorari cases against the same town?
The opinion concluded that a former deputy town attorney may represent private clients in tax certiorari proceedings against the town only as to property for which he had no substantial responsibility…
Can a law firm represent a wife in a divorce when one of its associates recently represented the husband's company in a related matter?
The opinion concluded that a firm may not represent the wife in a matrimonial action, absent the husband's consent, where an associate recently represented the husband's corporation on a matter (a buy…
Can a former city councilman sue the city for false arrest over an arrest made during his term in office?
The opinion concluded that a former city councilman may represent a false-arrest plaintiff against the city, even for an arrest made during his term, unless he had substantial responsibility for that …
Can a new district attorney's assistants prosecute cases that the DA defended as Legal Aid chief before taking office, if he screens himself off?
The opinion concluded that where a newly appointed district attorney was the Legal Aid Society's chief attorney and attorney of record on cases still pending, his assistants may not prosecute those ca…
When a lawyer leaves a firm, can he mail office-opening announcements to the firm's clients he personally served?
The opinion concluded that a departing lawyer may send formal announcements of his new office to clients of his former firm whom he knows personally and for whom he performed services, and those clien…
Can a firm keep suing a driver one partner used to represent on the same accident, even after that case settled and everyone consents?
The opinion concluded that a partnership may not continue to represent personal-injury plaintiffs against a driver whom one partner formerly represented on the same accident, even though that claim ha…
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 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 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…
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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.