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 accept a referral fee from a mortgage broker for sending a real estate client to that broker?
The opinion concluded that a lawyer may accept a referral fee from a mortgage broker only if the client consents after full disclosure, the lawyer remits the fee to the client on request, the aggregat…
Can a bar association referral service require lawyers to remit a percentage of the fees earned from referred clients, and can the lawyer pass that cost to the client?
The opinion concluded that a bar-operated lawyer referral service may require participating lawyers to pay a percentage of fees earned from referrals, and the lawyer may pass that cost along to client…
Can a New York lawyer accept a referral fee and pass half of it to a former associate who has since been disbarred?
The opinion concluded that a lawyer may accept a referral fee that satisfies DR 2-107(A), and may pay a disbarred former associate a share of fees that accrued up to the date of disbarment, determined…
Can a lawyer who made a fee-sharing referral agreement that violates the Code keep the whole fee and refuse to pay the forwarding lawyer?
The opinion concluded that a lawyer may not keep the entire fee by reneging on a fee-sharing agreement in the name of the Code; the matter should go to a bar association panel to set what fee may be c…
Can a lawyer donate legal services to a charity to be auctioned off to the highest bidder as a fundraiser?
The opinion concluded that a lawyer may not donate legal services to be auctioned by a charity, because the lawyer cannot exercise independent judgment about accepting the winning bidder as a client a…
Can two lawyers who are not in the same firm agree up front on how to split the fee for a shared matter?
The opinion concluded that lawyers who share services and responsibility for a matter but are not partners or associates may agree in advance on a fee division, provided it is proportional to services…
Can a lawyer who is co-executor and estate counsel share trial counsel's fee in a wrongful-death case without doing the work?
The opinion concluded that a lawyer-co-executor may share trial counsel's fee only if the client consents, the division is proportional to the work performed and responsibility assumed, and the total …
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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.