Spouses

98-06  A lawyer who has represented both husband and wife in a number of matters may not thereafter represent the husband against the wife in a divorce where issues in the divorce representation will require the lawyer to do anything which would injuriously affect the former client in any matter. 95-13 A lawyer may represent…

Specialization

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. 92-09 A lawyer who advertises that he or…

Solicitation

01-08 An attorney serving as a mediator for the Environmental Court may contact litigants to discuss the mediation process and the benefits of mediation. 00-04 A lawyer’s Web site is “Advertising” within the meaning of the Rules of Professional Conduct; therefore the attorney must comply with the applicable requirements of Rules 7.1 and 7.2 concerning…

Sharing Facilities

95-15 An attorney is permitted to share office space with a nonlawyer with whom the attorney maintains an ongoing business relationship in addition to the attorney’s separate and ongoing practice of law provided the arrangements and relationship are such that client confidences and secrets are preserved, improper solicitation and fee splitting are avoided, and proper…

Settlements/Negotiations

97-10 An attorney whose client first agrees to a settlement and later refuses to endorse the settlement check may not accept a substitute check payable to the attorney as trustee on behalf of his client for deposit in his Trust Account and distribution. 95-11 A restriction on the right of a plaintiff’s attorney to represent…

Scope of Representation

15-03 Assuming a nonprofit board of directors is properly elected, an attorney employed by the nonprofit can properly take his instructions from a majority decision of that board, notwithstanding minority opposition within the board.

Sale of a Law Practice

88-03 In the sale of a law practice, the goodwill of the firm may not, consistent with accepted ethical principles, be sold. The selling attorney is, obliged to notify clients of their right to retain other counsel and to take possession of their files. Compensation arrangements between the buying attorney and selling attorney, if the selling…

Right to Counsel

93-01 A public defender who is on an involuntary unpaid furlough due to budgetary constraints does not violate the Code of Professional Responsibility if he or she is not available for advice or appointment of new clients during such furlough, but must either be available or make appropriate arrangements for existing clients to have access to…

Real Estate Transactions

13-04(1) If a seller is represented in a real estate transaction but the seller’s attorney does not attend the closing, the purchaser’s attorney must obtain the consent of the seller’s attorney to communicate with the seller on any issues that pertain to the transaction. (2) If the seller was previously represented by an attorney in…