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RockCreek Quarterly Commentary Letter Q1 2025
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NYSBA Ethics Opinions for April 2025
Episode 5
Tuesday, 20 May, 2025

Opinion 1280 addresses conflicts of interest in legal representation. It clarifies that while the Rules of Professional Conduct allow a lawyer to represent co-parties while also representing themselves in a non-class action setting, whether a lawyer can represent a class while also being the class representative is a matter of class action law, not the Rules of Professional Conduct, and thus outside the committee's purview.  Opinion 1281 concerns payments made from a lawyer's trust account, specifically addressing the use of online payment systems. It concludes that, with a client's written consent, a lawyer can make proper payments from their trust account via online platforms like Pay.gov, interpreting "bank transfer" to include such electronic methods as they are secure and traceable.

 

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