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 New York law firm pay to be the recommended firm in a real estate broker's homebuyer brochure?
The opinion concluded that a law firm may not pay to be listed as the recommended firm in a real estate broker's brochure; paying a third party to recommend the lawyer's services is prohibited by DR 2…
Can a New York lawyer hire a marketing firm to solicit clients for a prepaid legal plan and pay it a share of the legal fees?
The opinion concluded that a lawyer may not employ and compensate a public relations or marketing firm to solicit clients for the lawyer's prepaid legal services; paying a third party to recommend or …
Can a lawyer who is also a title insurance agent advertise that fact in the yellow pages under both the title-agent and lawyer headings?
The opinion concluded that a lawyer authorized to issue title insurance may list that fact under the 'title company and agent' heading in the yellow pages and may note the authority in his 'lawyers' l…
Can a lawyer who is a principal of a collection agency accept client referrals from it and refer clients to it?
The opinion concluded that, assuming no violation of the law against solicitation and full disclosure to the clients of the lawyer's relationship to the collection agency, a lawyer who is a principal …
Can a lawyer mail bar association 'Know Your Rights' pamphlets to clients and non-clients and mention them in advertising?
The opinion concluded that a lawyer may distribute the New York State Bar Association's 'Know Your Rights' pamphlets in a general mailing to clients and non-clients and may mention their availability …
Can a lawyer advertise examples of past case results and the dollar amounts recovered?
The opinion concluded that, as a general rule, a lawyer may not advertise results obtained in prior cases, including selected examples with recovery amounts, because such claims are unverifiable and t…
Can lawyers run a financial planning company from their law office and take its customers as legal clients?
The opinion concluded that members of a law firm may operate a financial planning corporation from their law office and accept its customers as legal clients, provided the corporation is not used to s…
Can a law firm that is itself the plaintiff solicit contributions for its fees and expenses from others interested in the outcome?
The opinion concluded that a law firm suing on its own behalf may not solicit contributions for its fees and expenses from others interested in the issue; soliciting contributions is tolerated only to…
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 a lawyer who holds a deceased client's original will contact the executor or beneficiaries to tell them he has it?
The opinion concluded that a lawyer holding a deceased client's will may notify the executor or beneficiaries that he has it, but may not suggest he be retained for the estate and, if asked, must make…
Can a New York law firm organize and promote a legal seminar for nonlawyers by direct mail?
The opinion concluded that, absent a judicial holding to the contrary, a law firm may organize and promote a legal seminar designed for nonlawyers by direct mail; after Bates the old sponsorship requi…
Can a New York lawyer mail an advertisement to corporate executives he has no relationship with, and what may it say?
The opinion concluded that an advertisement meeting DR 2-101 may be mailed to strangers absent a court ruling that it violates Judiciary Law section 479; it may name practice areas and a public office…
Can a New York lawyer get a newspaper to run an article about opening a new office, and mail announcement cards to strangers?
The opinion concluded that, after Bates and the 1978 Code amendments, a lawyer may try to convince a newspaper to run a story about his new office and may mail announcement cards to anyone, but he may…
Can a lawyer publish a newspaper notice offering to swap information with potential members of a class action?
The opinion concluded that a lawyer may contact potential class members to advance an existing client's legitimate interests, not to gain new clients, and bears a heavy burden of complying with all ap…
Can a New York lawyer run a real estate brokerage out of the same office as the law practice?
The opinion concluded that, after Bates, a lawyer may run a law practice and a real estate brokerage from the same office, but may not solicit legal work in violation of law and may not act as lawyer …
Can a New York lawyer advertise years of experience in a particular area of practice?
The opinion concluded that, under the post-Bates rules, a lawyer may advertise a truthful number of years of experience in an accurately identified area of practice, provided the experience was freque…
Can a lawyer be a director of a company that buys up judgments at a discount and then has the lawyer's firm collect them?
The opinion concluded that it is improper for a lawyer to serve as a director of a corporation set up to solicit and buy judgments at a discount when the lawyer's firm will be retained to collect them…
Can a law firm send a newsletter bearing its name, prepared by an outside service, to people who are not its clients?
The opinion concluded that a firm may distribute a firm-named newsletter prepared by others to its own clients with full disclosure, but distributing it to non-clients would create the appearance of s…
Can a lawyer publish a notice in a bar journal asking other lawyers with similar cases to get in touch?
The opinion concluded that a lawyer may publish a notice in a legal periodical inviting other attorneys who represent similarly situated clients to communicate with him, because cooperation serves the…
Can a lawyer run a school that teaches laypeople how to file their own bankruptcy petitions pro se?
The opinion concluded that it is improper for lawyers, acting independently of any responsible sponsoring organization, to operate a school teaching laymen to prepare and file their own bankruptcy pet…
Can a lawyer feed the press a news story about a lawsuit he filed, or publicize his role in a case?
The opinion concluded that a lawyer should not instigate a news story highlighting his own involvement in a case, because that is indirect self-advertising; publicity genuinely in the client's interes…
Can a lawyer let a prepaid legal service plan list his name, services, and fees in a brochure to its members, and can he distribute or pay for that brochure?
The opinion concluded that a lawyer may permit a qualified legal assistance organization to identify him and state his services and fee schedule in communications to its members, but he may not himsel…
Can a criminal defense lawyer get a private-investigator license to run his own case investigations?
The opinion concluded that a lawyer may hold a separate occupation such as private investigator, subject to the Code's limits on using that occupation as a feeder for legal work; using the license onl…
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…
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…
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 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…
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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.