2007 Issue 1 - New York City Bar Association

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P R O F E S S I O N A L A N D J U D I C I A L E T H I C S more additional considerations may alter the analysis: for example, if (a) non-lawyers will play a significant role in the matter, e.g., several nonlawyers are being hired to do an important document review; (b) client confidences and secrets must be shared with the non-lawyer, in which case informed advance consent should be secured from the client; (c) the client expects that only personnel employed by the law firm will handle the matter; or (d) non-lawyers are to be billed to the client on a basis other than cost, in which case the client’s informed advance consent is needed. CONCLUSION A lawyer may ethically outsource legal support services overseas to a non-lawyer if the lawyer (a) rigorously supervises the non-lawyer, so as to avoid aiding the non-lawyer in the unauthorized practice of law and to ensure that the non-lawyer’s work contributes to the lawyer’s competent representation of the client; (b) preserves the client’s confidences and secrets when outsourcing; (c) under the circumstances described in this Opinion, avoids conflicts of interest when outsourcing; (d) bills for outsourcing appropriately; and (e) under the circumstances described in this Opinion, obtains the client’s informed advance consent to outsourcing. August 2006 T H E R E C O R D 146
Formal Opinion <strong>2007</strong>-1 Applicability of DR 7-104 (the “No-Contact Rule”) To Contacts With In-House Counsel Committee on Professional and Judicial Ethics TOPIC: Contact with in-house counsel of a represented party. DIGEST: DR 7-104(A)(1) prohibits a lawyer from communicating with a party that the lawyer knows to be represented in that matter by another lawyer. Nevertheless, DR 7-104(A)(1) does not prohibit a lawyer from communicating with an in-house counsel of a party known to be represented in that matter, so long as the lawyer seeking to make that communication has a reasonable, good-faith belief based on objective indicia that such an individual is serving as a lawyer for the entity. CODE: DR 7-104. QUESTION Does DR 7-104(A)(1) prohibit communication with in-house counsel 2 0 0 7 V O L. 6 2 , N O. 1 147
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2007 Issue 1 - New York City Bar Association

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