Ethics Opinions

In Formal Opinion 2019-5, the New York City Bar Ethics Committee advised that agreements requiring the client to pay the lawyer’s fees in cryptocurrency amounted to transactions in which the fee is paid in property rather than standard fee agreements. The Ethics Committee had been asked to opined on the question: Is a fee agreement requiring the […]

Rules of Professional Conduct Committee Topic: Lawyer’s Use of Technology Conclusion of the Committee: “A lawyer must consider the benefits and risks associated with using technology in representing a client. When a lawyer uses technology in representing a client, the lawyer must use reasonable care to protect client information and to assure that client data […]

Ethics Advisory Committee Topic: Lawyer accepting earnest money deposits from a client through PayPal   Summary from the opinion A lawyer is required to hold property of clients or third persons in connection with representation separate from the lawyer’s own property, but can comply with that obligation if the PayPal account in question does not […]

Committee on Professional Ethics Topic: “Delivering client file to client, maintenance of client files in electronic form.” Digest of the Committee: Where a lawyer keeps client files received in electronic form in that form and a former client requests a copy of the file in paper form, the lawyer must take reasonable measures to deliver […]

Texas Ethics Opinion 642 (Revised) Professional Ethics Committee for the State Bar of Texas In September 2015, the Professional Ethics Committee for the State Bar of Texas revised Opinion 642. The Opinion confirmed that non-lawyers employees cannot use “officer” or “principal” in job title because it is generally understood that officers and principals exercise control […]

Committee on Professional Ethics Topic: “Record retention and electronic storage.” Digest of the Committee: “A law firm may scan original signed retainer agreements into the firm computer system and then destroy the original agreements, provided that the firm maintains the scanned copies for seven years after the events they record.   Relevant Law: New York’s […]

On December 9, 2015, the Committee on Professional Ethics of the New York State Bar issued Opinion 1077 providing guidelines on how law firms should keep record of retainer and compensation agreements with clients. A law firm with “a high volume practice” that receives “thousands of signed retainer agreements” every year asked whether they “may […]

North Carolina State Bar 2015 Formal Ethics Opinion 6 October 23, 2015 Topic: Lawyer’s Professional Responsibility When Third Party Steals Funds from Trust Account From the opinion: “Opinion rules that when funds are stolen from a lawyer’s trust account by a third party who is not employed or supervised by the lawyer, and the lawyer […]

On July 1, 2015 the STANDING COMMITTEE ON ETHICS AND PROFESSIONAL RESPONSIBILITY released Formal Opinion 471 -“Ethical Obligations of Lawyer to Surrender Papers and Property to which Former Client is Entitled” Digest: “Upon the termination of a representation, a lawyer is required under Model Rules 1.15 and 1.16(d) to take steps to the extent reasonably practicable […]

Committee on Professional Ethics Topic: Financing a law practice; crowdfunding websites Digest of the Committee: “A law firm may engage in certain types of crowdfunding but not others. Any form of fundraising that gives the investor an interest in a law firm or a share of its revenue would be prohibited. However, in some circumstances […]