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A Bouquet of Recent Ethics Opinions
The New York State Bar Association Committee on Professional Ethics, which provides a valuable service to New York lawyers (and clients) by giving guidance to practitioners on ethical issues, has issued a number of ethics opinions in the past six months, a few of which are discussed in this article.
Medical Malpractice Contingency Fee Schedule Needs Amendment
Judiciary Law section 474-a, as amended effective July 1, 1985 sets forth a contingency fee schedule and provision for application for increased fee in extraordinary circumstances. In practice, the fee schedule creates inherent conflict, is unfair and deprives many victims of malpractice the opportunity to hire competent counsel. Applications for enhanced fees are rarely granted. The proposed Amendment set forth in NYAB 7448 provides much needed changes to the Statute.
Judicial Ethics Opinion 23-157
A part-time attorney judge need not disclose or disqualify in matters involving the sheriff’s office, merely because the judge’s law firm is representing first-degree relatives of the county sheriff in a personal legal matter.
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