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 part-time county district attorney represent a private client suing the county for civil damages?
The opinion concluded that a part-time county prosecutor may not represent a private client in a civil damages action against the county, because the county is his client regardless of his criminal-on…
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 …
Which public officers and their firms can accept assigned counsel work defending indigent criminal defendants under a county Article 18-B plan?
The opinion concluded that the plan's administrator, assistant district attorneys, county attorneys, county board members, probation officers, and their partners may not take Article 18-B assignments,…
Can a part-time county legislator defend a criminal case in the same county where the district attorney's office is funded by his legislature?
The opinion concluded that a part-time county legislator may not represent a defendant in a court where the prosecuting district attorney's office is funded by the county legislature of which the lawy…
Can a district attorney announce a blanket policy of seeking jail for a certain crime and send judges ex parte letters stating that policy?
The opinion concluded that a prosecutor's dignified public statement of a general sentencing policy is not improper per se if carefully phrased, but unsolicited ex parte communications to judges recom…
Can a part-time county legislator represent a client in court against the county attorney his own legislature appoints?
The opinion concluded that a part-time county legislator may not appear in court in his county against the county attorney or an assistant county attorney where that county attorney is appointed by th…
If a statute bars a legislator from appearing before a state agency but expressly lets his firm's other lawyers appear, may they?
The opinion concluded that partners and associates of a legislator's firm may appear before a state agency the legislator cannot, only where a statute expressly authorizes such appearances by firm mem…
Can an assistant DA go into an outside, non-law business with a defense lawyer who appears against the DA's office, if he recuses from those cases?
The opinion concluded that an assistant district attorney may not enter a business unrelated to law practice with an attorney who defends clients prosecuted by the DA's office, and that recusing from …
Can a lawyer challenging a split board of education's decision contact the dissenting board members without the board attorney's consent?
The opinion concluded that, because a public body is involved, DR 7-104(A)(1) carries a limited implied exception: minority members who voted against the contested decision are not treated as adverse …
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 …
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 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…
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…
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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.