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Committee: Professional Ethics      
Reports are listed chronologically in the Ethics section of the website.
A Lawyer's Ethical Obligations to Retain and to Provide a Client with Electronic Documents Relating to a Representation

A Lawyer’s Ethical Obligation to Notify Clients When Their Files Are Accidentally Destroyed (September 2015) ( PDF format )

Acceptance of securities in a client in exchange for legal services to be performed; business transactions with clients; conflicts of interest; charging or collection of an excessive fee

Advanced Waivers of Future Conflicts: Multiple Representations; Informed Consent; Waiver of Conflicts

Advertising; letterhead; foreign lawyers

Advertising; Letterhead; Honorary Degrees

Advertising; Type of Publication

Aggregate settlements ( PDF format )

Announcements; Employment of Non-lawyer

Assignment by retired attorney of accounts receivable to another attorney

Associates; Of Counsel Relationships

Attorney employing disbarred or suspended attorney to work in law office; aiding unauthorized practice of law

Attorneys' fees; Billing; Credit cards and other financing

“Of Counsel” Designation for New York Attorney Practicing Law in a Foreign Country (Formal Opinion 2013-3) ( PDF format )

Charging interest on unpaid legal fees

Client Funds; Incompetent Client; Interest on Trust Accounts

Comments on Proposed Electronic Discovery Amendments to the Federal Rules of Civil Procedure ( PDF format )

Comments on the Proposed Ethical Considerations for Lawyer Advertising (October 2007) ( PDF format )

Competent and zealous representation; Unlawful discrimination in the practice of law; Confidentiality; Use of interpreters

Confidences and secrets; disclosure of organizational wrongdoing; limited partnership

Confidentiality of information concerning child abuse or mistreatment; preservation of confidences within a social services agency; advanced consent to the disclosure of client confidences and secrets

Confidentiality; Use of cellular and cordless telephones

Conflict of interest; waiver; duty to report malpractice

Conflicts Arising Solely from Possession of Confidential Information of Another Client

Conflicts faced by law firms when hiring law school graduates who work in legal clinics operated by law schools

Conflicts of Interest; Lawyers Representing Adversary Lawyers

Conflicts of Interest; Recordkeeping, Policies, and Systems for Conflicts-Checking Purposes

Conflicts of Interest; Waivers; Imputation of Conflicts

Contact with former clients ( PDF format )

Contact with in-house counsel of a represented party

Contingent fees; will contests; compensation of private investigators

Contributions to candidates campaigning for New York State Attorney General, District Attorney, and other offices closely tied to the judicial process

Corporate Legal Departments and Conflicts of Interest between Represented Corporate Affiliates

Corporate-family conflicts; duty of loyalty; duty to preserve confidences and secrets

Disclosure of client confidences and secrets; scope of the exception concerning the client's "intention to commit a crime."

Discouraging unrepresented witnesses from voluntarily cooperating with adversaries ( PDF format )

Duties of Lawyers in Class Actions

Duties to Prospective Clients After Beauty Contests and Other Preliminary Meetings (Formal Ethics Opinion 2013-1) ( PDF format )

Duties to Prospective Clients; Beauty Contests; Advance Conflict Waivers; Imputation of Conflicts; Screens

Duty of loyalty

Duty to disclose client fraud; duty to preserve secrets of former client

Duty to pay interest on client funds deposited in an interest-bearing account where retainer agreement does not require attorney to pay interest to client

Duty to Preserve Confidences of a Prospective Client (Pre-retention Communication); Conflict of Interest

Duty to Report Misconduct; Mental Incapacity

Ethical Considerations for Lawyers Contemplating Business Arrangements with Non-Legal Organizations - Formal Opinion 2014-1 ( PDF format )

Ethical Duties Concerning Self-Represented Persons

Fees; Nonrefundable Retainers; Advertising of Fees; Competence

Firm Names; Letterhead

Foreign law firm; holding out as partnership; firm name; letterhead and professional cards

Formal Opinion 2005-04: Communications with Insurance Adjusters in Litigation Where the Insurance Company is a Party

Formal Opinion 2005-05: Unforeseeable Concurrent Client Conflicts

Formal Opinion 2005-3: Voluntary Attorney Testimony Concerning Former Clients

Formal Opinion 2011-1: Contacting Former Clients Represented by Successor Counsel (January 2011) ( PDF format )

Formal Opinion 2011-2: Third-party Litigation Financing ( PDF format )

Formal Opinion 2015-2: Nonrefundable Monthly Fee in a Retainer Agreement ( PDF format )

Formal Opinion 2015-3: LAWYERS WHO FALL VICTIM TO INTERNET SCAMS (April 22) ( PDF format )

Formal Opinion 2015-4: Duties of Local Counsel (May 2015) ( PDF format )

Formal Opinion 2015-5: Whether an Attorney May Threaten to File a Disciplinary Complaint against Another Lawyer (June 2015) ( PDF format )

Fugitive Client; Illegal Conduct; Client Instructions; Civil Representation


In-house attorney; discrimination claim against former employer; confidences and secrets

In-house attorney; fees to third parties; multiple roles

Interest charges on unreimbursed expenses

Joint representation; duty of loyalty; client confidences and secrets

Jury Research and Social Media ( PDF format )

Law Firm Internet Websites; Law Firm-Sponsored Internet Discussion Area; Provision of Law-Related Services Over the Internet; Communication by Unencrypted E-mail

Law Firm Mergers

Lawyer and Law Firm Affiliations; "Of Counsel" Relationships Between Lawyers and Law Firms; Group Advertising; Firm Names; Letterhead

Lawyer's ability to represent a trade association as well as clients with interests adverse to individual members of the association

Lawyer's obligations regarding disposition of original Wills held for safekeeping where the testator cannot be located and the lawyer is retiring or the firm is dissolving

Lawyer's right to engage in activity or express a personal viewpoint which is not in accordance with a client's interests

Lawyers' and law firms' selection and advertising of internet domain names

Legal referral services

Letter to the ABA commenting on the ABA's draft report on proposed changes to the Code of Judicial Conduct ( PDF format )

Letter to the ABA Joint Commission on Evaluation of the Model Code of Judicial Conduct commenting on the Commission's proposed changes to Canons 1 and 2 ( PDF format )

Letterhead; Limited Liability Partnership

Limiting the scope of an attorney's representation to avoid client conflicts

Multiple Representations; Corporations and Corporate Constituents

Name; use of title "Esquire"

New York Attorney May Not Charge Client’s Credit Card Account After Client Dispute’s Bill (August 2014) ( PDF format )

No-Contact Rule: Communications Sent Simultaneously to Represented Persons and Their Lawyers

Non-lawyer employees; Supervision of Lay Personnel; Sharing Legal Fees with Non-lawyers; Confidentiality; Conflicts of Interest; Dissemination of False Public Communications

Obligations Upon Receiving a Communication Containing Confidences or Secrets Not Intended for the Recipient

Obligations Upon Receiving a Document Not Intended for the Recipient (Formal Ethics Opinion 2012-1) ( PDF format )

Obtaining Evidence from Social Networking Websites

Outsourcing Legal Support Services Overseas, Avoiding Aiding a Non-Lawyer in the Unauthorized Practice of Law, Supervision of Non-Lawyers, Competent Representation, Preserving Client Confidences and Secrets, Conflicts Checking, Appropriate Billing, Client Consent - Formal Ethics Opinion 2006-3

Part-time administrative law judge; conflict of interest


Plan to solicit bids by lawyers to perform legal services on internet website; advertising, solicitation, and participation in a referral plan; duties with regard to advertising fees, client confidentiality, unauthorized practice of law, and conflicts of interest

Pre-signing Documents in Blank; False Statements

Pro Bono Consumer Bankruptcy Representation

Pro bono representation; Appellate practice.

Professional Employer Organization: Use by a law firm of a Professional Employer Organization (February 2015) ( PDF format )

Professional Notices, Letterheads, and Signs; Conflict of Interest; Imputation Rule

Proposed Amendment to Rule of Professional Conduct 8.4: Regulating Lawyers’ Supervision of Undercover Investigations (June 2011) ( PDF format )

Prospective Limitations on Liability; Limited Liability Companies ("LLCs") and Limited Liability Partnerships ("LLPs")

Reasonableness of fees; preparation of bills; duty of supervision

Report in support of proposed new Section 523 of the Rules of the Court of Appeals authorizing the temporary practice of law in New York State by out-of-state and foreign attorneys (October 2015) ( PDF format )

Restrictive Practice Agreements; Settlement Agreements

Retired attorneys' use of professional letterhead and special disclosure obligations to clients and prospective clients

Secondment of law firm attorneys; association with a law firm

Secret taping; conversations between lawyers and adversary counsel

Settlement Agreements Requiring the Financial Assistance of Counsel ( PDF format )

Statements Concerning Judges

The "no-contact rule" and advising a client in connection with communications conceived or initiated by the client with a represented party



Undisclosed taping of conversations by lawyers

Use of a Virtual Law Office by New York Attorneys - Formal Opinion 2014-2 ( PDF format )

Use of Client Engagement Letters to Authorize the Return or Destruction of Client Files at the Conclusion of a Matter

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