1994 ADVISORY ETHICS OPINIONS

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94-13 A lawyer or law firm may advertise that they offer a discount for legal services, with the presentation of a coupon. Similarly, a lawyer or law firm may advertise a "free initial consultation."

94-12 An attorney may advertise concentration in more than one field of law, subject to the limitation of DR 2-101, which provides that a lawyer shall not make a false or misleading communication about the quality of service or competence unless the claim can be factually substantiated.

94-11 Not Published.

94-10 An attorney must withdraw from representation of a client who has a potential claim against a private foster care agency when the attorney's law partner had already been provided with confidential information by the agency concerning the subject matter of the potential claim.

94-09 An attorney may not enter into an agreement with a law firm that restricts the attorney's right to the use of information claimed to be proprietary by the law firm unless the agreement is carefully and narrowly drawn so that it does not restrict an attorney's right to practice law.

94-08 An attorney may accept an engagement from a lender, who makes loans secured by a mortgage on the borrower's property, to represent the lender in a closing, provided that the attorney does not directly or indirectly undertake to represent the borrower in the same transaction.

94-07 An attorney must seek to further the lawful objective of his client by all reasonable means so long as his client's sole objective is not to harass or maliciously injure another.

94-06 An attorney may not contact a prospective client by telephone to solicit his real estate business simply because the prospective client has advertised his property for sale as an owner/seller in the mass-media publication.

94-05 An attorney may, with the client's consent, request that a client's lump sum worker's compensation benefits be mailed to the attorney, as long as the draft is made payable solely to the client. An attorney should not insist that a client's current weekly disability payments be mailed to the attorney even if these benefits are made payable solely to the client.

94-04 An attorney may accept employment on a contingency fee basis to represent a client seeking temporary total disability payments in a worker's compensation case, regardless of whether such payments are past due or not, provided that the fee is reasonable and not excessive under the circumstances.

94-03 Absent consent of an unindicted co-conspirator’s attorney the attorney for a co-conspirator defendant may not communicate with the unindicted co-conspirator who is represented in connection with an appeal from a conviction growing out of the conspiracy charged by the prosecution.

94-02 An attorney may represent alleged violators of zoning ordinances in other municipalities even though he or she counsels and represents a different town in litigation against zoning violators.

94-01 An attorney aids in the unauthorized practice of law and violates Rules of Professional Conduct regarding conflict of interest, fee-splitting and the provision of independent legal advice when said attorney participates in a financial planning company's arrangement whereby that organization gathers information necessary to prepare estate planning documents, prepares the documents and sends the documents to attorney for review.


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1978-Present Index to the Advisory Ethics Opinions of the VBA Committee on Professional Responsibility