Ethics Counsel
Ethics Opinions Prior to 1979
Adopted October 18, 1962 INQUIRY An attorney habitually and notoriously offers to perform legal services for less than the fees set forth as a guide in a duly adopted minimum fee schedule. Does this continual fee cutting violate the Canons of Professional Ethics? OPINION Canon 7 provides in part as follows: “Efforts, direct or indirect,…
Continue reading...Adopted October 18, 1962 INQUIRY A committee of a trade association employs an attorney to protect or further the common interest of the combined members by appearing in behalf of the association before an administrative body. Thereafter, by letter the committee notifies the membership of the association of the attorney’s successful presentation and asks the…
Continue reading...Adopted November 15, 1963 INQUIRY A member of the Bar has made the following inquiry: “May an attorney who as a member of the staff of the public prosecutor assisted in the prosecution of a defendant who was acquitted on the grounds of insanity and who in behalf of the State resisted such defense, upon…
Continue reading...Adopted November 15, 1963 INQUIRY A metropolitan paper recently carried a series of articles concerning incidents and difficulties encountered by litigants with personal injury actions. Members of the Bar were not only quoted in some detail, but were named and were described as: “_________, whose firm specializes in damage suits,” “_________, of the firm of…
Continue reading...Adopted April 16, 1964 INQUIRY In 1963 a question concerning the propriety of attorneys’ permitting their names with biographical data (necessarily including professional status and accomplishments) to be included in a “Who’s Who” type directory arose. The information submitted indicated that the attorney would not pay for the listing but was required to purchase a…
Continue reading...Adopted April 16, 1964 INQUIRY Is it proper for attorneys who are members of a civic club or Chamber of Commerce to permit their names to be included in a classified portion of the directory published by such organization if: (1) They must pay an extra fee for such inclusion, or (2) The directory is…
Continue reading...Adopted April 16, 1964 INQUIRY City Directories such as that published by the R. L. Polk organization contain a classified section. It has been asked whether or not an attorney may have his name included therein in more than one classification. OPINION The answer is obviously “No,” regardless of whether a charge is made for…
Continue reading...INQUIRY Members of the Bar have recently received solicitations to have their names listed in a classified directory to be published by a firm located in the state. The price of such listing is contained in the solicitation. OPINION In view of the clear wording of Canon 43 and the numerous opinions of the Bar,…
Continue reading...Adopted April 16, 1964 INQUIRY It has come to our attention that members of the Bar who are in the National Guard or the Reserve components of the armed forces are being required to perform legal services for the personnel of their organizations during drill periods or short tours of active duty which in no…
Continue reading...Adopted March 18, 1965 INQUIRY 1. Is it ethical for an attorney, who is by law prohibited to post bond for his client, to allow his wife to post bond for his client? 2. Is it ethical for an attorney to accept a fee for referring clients to a bondsman? 3. Is it ethical for…
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