N.Y. Attorneys from Same Firm Sometimes Can Take Opposite Sides

New York attorneys at the same firm can submit friend-of-the-court briefs on both sides of an issue if they’re acting in their individual capacities, the New York State Bar Association’s ethics committee advised.

But they can’t submit the briefs if the firm is representing a client on one side of the issue, the Oct. 15 opinion said.

An attorney at a New York law firm posed the question after it asked for attorneys to work pro bono on a brief to be submitted to the U.S. Supreme Court.

Some attorneys preferred one side of the issue, while others wished to ...