In this column we examine two recent opinions from the Committee on Professional Ethics of the Association of the Bar of the City of New York. The first addresses a topic that was the focus of this column in September 2015, namely relationships between New York lawyers and non-lawyers in other jurisdictions where such relationships are permissible. The second addresses a subject that arises with depressing frequency, whether and when a lawyer may threaten another lawyer with professional discipline.
As we will see, the first of these opinions commendably attempts to draw distinctions from the New York State Bar Ethics Committee opinions previously discussed in this column. Sadly, the new opinion only succeeds in making ever finer factual distinctions that ultimately only serve to further confuse the situation. The second provides helpful guidance to lawyers considering the propriety of threatening other lawyers with discipline.
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