FORMAL OPINION INQUIRY #1995-96/10 Incorporation of mandatory arbitration clause into attorney-client fee agreements, as requested by malpractice carrier. May 8, 1996 ANNOTATION: A lawyer shall not represent a client if the representation of that client will be materially limited by the lawyer’s responsibilities to another client or to a third person, or by the lawyer’s … Read more
Ethics Committee Formal Opinion #1995/96‑7 Attorney Client Privilege December 13, 1995 ANNOTATION: QUESTIONS: Does the attorney‑client privilege preclude the inquiring attorney from answering any questions related to whether he disseminated the file to the newspaper? Does the attorney‑client privilege preclude the inquiring attorney from answering questions regarding whether he provided his client with a copy … Read more
Ethics Committee Formal Opinion #1995‑96/12 Referral Fees: When May They Be Paid and How May They Be Advertised May 8, 1996 ANNOTATION: QUESTIONS: May fees be paid to an attorney solely for the act of referring a client matter to another attorney? Are advertisements by law firms stating that “Referral Fees Honored” unethical? Read … Read more
Ethics Committee Advisory Opinion #1996-97/3 March 25, 1997 ANNOTATIONS: Before representing a client against a former employer/client, the attorney must ensure that the current representation involves neither (1) a substantially related matter, nor (2) any confidential information received during the representation of the former client, whether or not such information was received in confidence. Rule … Read more
Ethics Committee Formal Opinion #1996-97/5 Conflict of Interest: Representing a Client Through Business Arrangement with For-profit Lay Corporation February 25, 1997 ANNOTATIONS: An attorney may ethically enter into a business arrangement with a corporation whereby for a set fee, the attorney reviews denials of social security claims to decide whether the client should appeal a … Read more
Ethics Committee Advisory Opinion #1995-96/5 Presentation of False Evidence to a Tribunal by a Third Party Non-client November 16, 1995 ANNOTATION: In a situation in which an attorney becomes aware that a third party non-client may have submitted false information to a tribunal, the attorney may not reveal the falsity of this evidence to the … Read more
Ethics Committee Formal Opinion #1997-98/1 Conflict of Interest: Member of a Firm Appearing Before Governmental Board When Another Member of the Same Firm is a Member of the Board January 14, 1998 ANNOTATIONS: An attorney may appear before a quasi-judicial governmental board or agency on which an attorney of that same firm is a member, … Read more
Ethics Committee Advisory Opinion #1996-97/6 Conflict of Interest: Part-time Municipal Prosecutor Representing Criminal Defendants in Courts Other Than Where He/She Prosecutes March 25, 1997 ANNOTATIONS: An attorney may ethically enter into a business arrangement with a corporation whereby for a set fee, the attorney reviews denials of social security claims to decide whether the client … Read more
Ethics Committee Formal Opinion #1998-99/3 Safeguarding Settlement Funds of Clients and Third Parties: Recognized Valid Liens on Settlement Funds in Lawyer’s Possession Presented to the Board of Governors May 20, 1999 QUESTION: What ethical obligations does a lawyer have to a lienholder who has a recognized valid lien on settlement funds in the lawyer’s possession? … Read more
Ethics Committee Formal Opinion # 1998-99/10 Presented to the Board of Governors May 18, 2000 COMMITTEE’S POSITION: Despite the fact that the Ethics Committee thoroughly examined the issues raised by this proposed referral-fee arrangement over the course of several months, no consensus could be reached. One group of Committee members believe, based primarily on its … Read more