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 the same lawyer serve at once as a part-time assistant district attorney and a probation officer in the same county?
The opinion concluded that no, the prosecutor's role is fundamentally incompatible with the probation officer's role, so one lawyer may not hold both positions in the same jurisdiction;…
If someone confesses a crime while trying in good faith to hire a lawyer who already represents an adverse client, what must the lawyer do?
The opinion concluded that the lawyer may not disclose or use the would-be client's confession, must decline that person's retainer, and must withdraw from representing the existing client on that…
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…
Must a lawyer report an adverse party's perjury committed in an earlier case the lawyer had no part in, when reporting would hurt the lawyer's client?
The opinion concluded that a lawyer need not report a non-client's perjury committed in a prior proceeding in which the lawyer's services were not employed, and need not report it where disclosure…
Can a lawyer advise a client to refuse a police breathalyzer test?
The opinion concluded that a lawyer may advise a client to refuse a breathalyzer test, because under New York law refusing is not itself criminal, the resulting license revocation is a civil…
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…
Can a part-time judge with criminal jurisdiction represent private clients in criminal matters?
The opinion concluded that a part-time judge may engage in private criminal practice to the extent the Rules of the Chief Administrator allow, overtaking the committee's earlier flat ban, because…
Can an insurance company's salaried staff lawyer defend an insured the company is denying coverage to?
The opinion concluded that once the carrier persists in disclaiming coverage, its staff lawyer may not defend the insured or handle a coverage declaratory-judgment action, because the conflict is so…
Can a part-time county public defender sue the county that employs him on behalf of private clients?
The opinion concluded that a part-time county public defender may represent private clients in civil litigation against the county, because his clients are indigent defendants rather than the…
Can one lawyer represent a wife in her divorce and also represent, in a separate matrimonial case, the husband of the woman she names as the other party?
The opinion concluded that a lawyer may not simultaneously represent the wife in a divorce and the co-respondent's husband in a separate matrimonial proceeding, because their interests differ in too…
Can a lawyer employed by a life insurance company to prepare estate plans also draft the customer's will?
The opinion concluded that a lawyer employed full time by a life insurance company to prepare estate plans for its customers may not also draft and supervise a customer's will, because the dual role…
Can a lawyer advise a client about recording a conversation with someone who is not told it is being recorded?
The opinion concluded that a lawyer may counsel a client about recording a conversation without notice to the other party where one-party recording is lawful, distinguishing advising the client from…
Can a lawyer who served as guardian ad litem in a conservatorship proceeding then be hired as counsel to the conservator?
The opinion concluded that a lawyer who served as guardian ad litem in a conservatorship proceeding may not, shortly afterward, accept employment as counsel to the conservator, because the prospect…
Can a part-time city attorney with prosecutorial duties stay in the role when his law partner becomes chair of a local political committee?
The opinion concluded that a part-time city attorney with prosecutorial duties may not continue in that role once his law partner becomes chairman of a local political committee, because the…
If a lawyer represents two co-executors who fall out, can the lawyer take one executor's side against the other?
The opinion concluded that a lawyer who represents two co-executors may not bring a proceeding to compel an accounting or otherwise represent one executor against the other; the lawyer should press…
Can a lawyer who once represented a judge appear before that judge in later, unrelated cases?
The opinion concluded that a lawyer who represented a judge, and the lawyer's partners and associates, should not appear before that judge; the cleaner solution in most cases is for the judge to…
Can a deputy town supervisor represent private clients in tax or other litigation against the town?
The opinion concluded that a deputy town supervisor may not represent private clients in tax certiorari or other litigation against the town, because his role gives him influence over the town's…
Can a professional corporation be a partner in a law firm?
The opinion concluded that, where state law permits it, a professional corporation may be a partner in a law firm, so long as the corporation's status and participation are clearly noted on…
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…
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…
Can an assistant county attorney privately represent a client in a matter he had handled for her in his official capacity?
The opinion concluded that an assistant county attorney who represented a wife in support proceedings in his official capacity may not privately represent her against the same former husband on the…
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…
Can a county attorney privately represent property owners challenging their real property tax assessments?
The opinion concluded that a county attorney may not represent private property owners in proceedings to review real property assessments, because the owner's goal of lower taxes conflicts with the…
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…
Can a former assistant DA, now in private criminal defense, represent defendants his old office charged, and is his firm disqualified?
The opinion concluded that a former assistant DA is disqualified only from matters in which he had substantial responsibility or access to non-public information; his firm is not automatically…
Can an assistant town attorney serve as counsel to the town's zoning board when the town board has sued that board?
The opinion concluded that, although an assistant town attorney may ordinarily advise the zoning board of appeals, he may not represent it once the town board sues it, because he cannot exercise…
Can a law firm list nonlawyer employees such as registered patent agents and paralegals on its letterhead?
The opinion concluded that, after Bates and the amended Canon 2, a firm may list nonlawyer employees on its letterhead where that is relevant to selecting counsel and not deceptive, provided their…
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…
Can a lawyer who serves as counsel to a professional society defend a member in a state disciplinary proceeding?
The opinion concluded that counsel to a professional society may defend a member in an Education Law Article 130 misconduct proceeding only where the society neither brought the complaint nor would…
Can an assistant public defender share office space with a village justice whose court the defender's office appears in?
The opinion concluded that an assistant public defender may not share office space with a village justice where members of the public defender's staff appear in that court, because the office is…
Must a lawyer for an infant's guardian tell the court the guardian is violating a court order on the infant's funds?
The opinion concluded that the lawyer should disclose the guardian's continuing violation to the court, because the lawyer's real client is the infant ward and no information about the guardian's…
Can a law firm professional corporation open a branch office under the name of an associate who has no equity in the firm?
The opinion concluded that a professional corporation may not name a branch office for an associate-employee who has no partner-like status, because using his name would be misleading under DR…
Can a New York lawyer who is also a CPA say so on the firm letterhead and professional cards?
The opinion concluded that a lawyer may state on a letterhead or professional card that he is licensed as a certified public accountant, because the post-Bates rules let a lawyer list truthful…
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…
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…
Can a judge-elect campaign for other political candidates before being sworn in?
The opinion concluded that a judge-elect may not campaign for other candidates, because the restrictions on a judge's political activity attach from election through induction and throughout the…
Can a legal aid director make staff lawyers file case-specific status reports for a board that includes nonlawyers?
The opinion concluded that staff attorneys of a legal service organization should not be required to give the board case-specific status reports absent client consent, and even with consent the…
Can a lawyer on a legal aid board, or the lawyer's firm, defend someone the legal aid client is suing?
The opinion concluded that a lawyer-member of a legal service organization's board may not privately defend a person sued by one of the organization's indigent clients, and under the imputation rule…
Can a lawyer whose LL.B. was converted to a J.D. list both degrees in advertising?
The opinion concluded that a lawyer whose LL.B. was replaced by a J.D. may publicize one degree but not both, because a graduate earned only one degree and listing both would be misleading puffery.
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…
Can a lawyer disclose that a client has said they intend to commit suicide?
The opinion concluded that a lawyer may take appropriate steps, including disclosure, to prevent a client's suicide; where the disclosure of intent came in the course of the representation, the…
Can Legal Aid lawyers share client confidences with an outside research group without client consent?
The opinion concluded that Legal Aid lawyers may not divulge clients' confidences or secrets to a not-for-profit research organization without the clients' informed consent, even for a study meant…
Can a lawyer who sits on a town zoning board represent private clients before other town agencies?
The opinion concluded that there is no per se bar: a lawyer-member of a town Zoning Board of Appeals, and the lawyer's firm, may represent private clients before other town agencies in matters…
Can a lawyer sue opposing counsel for defamation while still handling the case where it happened?
The opinion concluded that a lawyer should be extremely reluctant to sue opposing counsel for defamation that occurred in pending litigation, and in the rare case where such a suit is warranted…
Can a lawyer become part-time town attorney while the firm represents a client suing the town?
The opinion concluded that a lawyer may accept appointment as part-time town attorney while the firm represents a client in litigation involving the town only if the town retains independent counsel…
Can a lawyer drafting a client's will offer to serve as the executor?
The opinion concluded that a lawyer drafting a will may offer to serve as executor only in narrow circumstances, chiefly where the lawyer firmly believes the client would ask if aware of the…
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;…
Must a criminal defense lawyer disclose past crimes and the location of bodies a client revealed in confidence?
The opinion concluded that a lawyer must not disclose a client's confidential revelation of prior undiscovered crimes or the location of victims' bodies, may destroy privileged work product, should…
Can a divorce lawyer prepare a separation agreement and negotiate settlement directly with the other spouse when that spouse has no lawyer?
The opinion concluded that a lawyer may act as scrivener and transmit a separation agreement the parties negotiated themselves to an unrepresented spouse for signature, and in litigated matrimonial…
Can the lawyer for an estate's executor tell the surviving spouse to get their own lawyer about electing against the will?
The opinion concluded that the executor's lawyer may advise the surviving spouse to obtain independent counsel about a right of election, and may inform the spouse that such a right may exist, but…
Can an assistant county attorney who has no personal prosecutorial duties be an active member of a political club?
The opinion concluded that an assistant county attorney may not be an active member of a political club even if that lawyer personally has no prosecutorial duties, because the county attorney's…
Can a lawyer file a lawsuit on a claim that the statute of limitations has already run on?
The opinion concluded that a lawyer may institute suit on a time-barred claim where the limitation merely bars the remedy and can be waived as an affirmative defense, but not where the passage of…
Can a lawyer have a client sign a confession of judgment as security for unpaid legal fees?
The opinion concluded that it is not per se improper for a lawyer to take a client's signed confession of judgment as security for fees already earned, to be filed only if the agreed fee goes…
Can a lawyer share confidential client information, including trust-account data, with an outside accounting or bookkeeping service?
The opinion concluded that a lawyer may give limited confidential information, including trust-account data, to an outside accounting or data-processing agency for legitimate office purposes without…
Does a lawyer have to file a lawsuit the client demands if the lawyer believes it has no merit?
The opinion concluded that a lawyer, including general counsel under a general retainer, is not required to commence litigation the lawyer believes is without merit; the retainer cannot diminish the…
Can a court-appointed receiver hire his own law firm to serve as counsel in the case?
The opinion concluded that a receiver in a mortgage foreclosure action may retain the law firm of which he is a member to act as his counsel, because the court's supervision of the firm's fees and…
Can a part-time city attorney appear before a city agency to advance his own real estate purchase?
The opinion concluded that a part-time city attorney who advises the mayor and common council may not appear before the city's urban renewal agency to obtain a plan modification letting him buy a…
Can a lawyer file a general denial when the lawyer knows the client has no valid defense?
The opinion concluded that it is improper for a lawyer to interpose a general denial knowing the client has no valid defense, because a civil pleading carries an implicit representation that the…
Can one lawyer serve as attorney for both a town and a village located within that town?
The opinion concluded that it is not per se improper for a lawyer to be both town attorney and attorney for a village within the town, but the lawyer must decline or refrain where a substantial…
Can a lawyer keep accepting client referrals from the same real estate broker?
The opinion concluded that it is not per se improper for a lawyer to accept repeated referrals from a real estate broker, because the temptation to please a referral source is not enough to require…
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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 advisory, 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.