In making such decision, the lawyer should determine the personal or financial sacrifice of the client that may result from the lawyer’s refusal of employment or withdrawal therefrom, the materiality of the lawyer’s testimony, and the effectiveness of the lawyer’s representation in view of his or her personal involvement. If, in the course of the representation of a client, a lawyer is permitted to receive from the client a beneficial ownership in literary or media rights relating to the subject matter of the employment, the lawyer may be tempted to subordinate the interests of the client to the lawyer’s own anticipated pecuniary gain.
After accepting employment, a lawyer should not acquire property rights that would adversely affect the lawyer’s professional judgment in the representation of the client. Unless the client otherwise directs, a lawyer may disclose the affairs of the client to partners or associates of his or her firm It is a matter of common knowledge that the normal operation of a law office exposes confidential professional information to non-lawyer employees of the office, particularly secretaries and those having access to the files; and this obligates a lawyer to exercise care in selecting and training employees so that the sanctity of all confidences and secrets of clients may be preserved. Because of the fiduciary and personal character of the lawyer-client relationship and the inherently complex nature of our legal system, the public can better be assured of the requisite responsibility and competence if the practice of law is confined to those who are subject to the requirements and regulations imposed upon members of the legal profession.
A. A lawyer or law firm may publicly identify one or more areas of law in which the lawyer or the law firm practices, or may state that the practice of the lawyer or law firm is limited to one or more areas of law, provided that the lawyer or law firm shall not state that the lawyer or law firm is a specialist or specializes in a particular field of law, except as provided in DR 2-105 1200.10 (B) or (C). A. A lawyer or law firm may use internet web sites, professional cards, professional announcement cards, office signs, letterheads or similar professional notices or devices, provided the same do not violate any statute or court rule, and are in accordance with DR 2-101 1200.6, including the following: J. A lawyer or law firm advertising any fixed fee for specified legal services shall, at the time of fee publication, have available to the public a written statement clearly describing the scope of each advertised service, which statement shall be available to the client at the time of retainer for any such service.
Prospective client, are likely to be false, deceptive or misleading: (1) a communication that promises the outcome of any legal matter; (2) a communication that states or implies that the lawyer has the ability to influence improperly a court, court officer, governmental agency or government official; (3) a letter or other written communication made to appear as a legal document; (4) the inclusion of names, addresses and telephone numbers as required by DR 2-101(K) in a manner that is too small or too fast for an average viewer to receive the information in a meaningful fashion; (5) the use of dollar signs, the terms most cash” or maximum dollars,” or like terms that suggest the outcome of the legal matter; (6) the use of an actor to portray the lawyer or another representative of the lawyer’s firm ; or (7) any other use of an actor or use of a dramatization without meaningful disclosure thereof. D. Notwithstanding DR 3-102 1200.17(A), a lawyer or law firm may allocate costs and expenses with a non-legal professional or non-legal professional service firm pursuant to a contractual relationship permitted by DR 1-107 1200.5-c(A), provided the allocation reasonably reflects the costs and expenses incurred or expected to be incurred by each. C. DR 1-107 1200.5-c(A) shall not apply to relationships consisting solely of non-exclusive reciprocal referral agreements or understandings between a lawyer or law firm and a non-legal professional or non-legal professional service firm.
Therefore, a lawyer must remain completely responsible for his or her own independent professional judgment, maintain the confidences and secrets of clients, preserve funds of clients and third parties in his or her control, and otherwise comply with the legal and ethical principles governing lawyers in New York State. DR 1-107 1200.5-c Contractual Relationship Between Lawyers and Nonlegal Professionals. 3. A lawyer or law firm that is an owner, controlling party or agent of, or that is otherwise affiliated with, an entity that the lawyer or law firm knows to be providing non-legal services to a person is subject to these Disciplinary Rules with respect to the non-legal services if the person receiving the services could reasonably believe that the non-legal services are the subject of an attorney-client relationship.
2. A lawyer or law firm that provides non-legal services to a person that are distinct from legal services being provided to that person by the lawyer or law firm is subject to these Disciplinary Rules with respect to the non-legal services if the person receiving the services could reasonably believe that the non-legal services are the subject of an attorney-client relationship. When in the context of such a contractual relationship a lawyer or law firm refers a client to the non-legal professional or non-legal professional service firm, the lawyer or law firm shall observe the ethical standards of the legal profession in verifying the competence of the non-legal professional or non-legal professional services firm to handle the relevant affairs and interests of the client. The reciprocal referral of clients by and between the lawyer or law firm and the non-legal professional or non-legal professional service firm.
For the systematic and continuing provision of legal and non-legal professional services provided the non-legal professional or non-legal professional service firm with which the lawyer or law firm is affiliated does not own, control, supervise or manage, directly or indirectly, in whole or in part, the practice of law by the lawyer or law firm.