Opinion Number 579
Attached is a retainer I entered into which was between my client and myself. Prior to that time I was employed for wages by various companies which filed reports with New York State Department of Labor, Division of Employment, and I notified the employment Division Local Office 544 90-01 Sutphin Boulevard, Jamaica 35 N.Y. that I was now August 19, 1969 self employed retained as Lawyer – not employed for wages. Timely notification that I was not available for employment and not entitled to Unemployment Insurance.
The retainer having terminated I reapplied for Unemployment Insurance. I was informed that. I must give the name of my client who retained me. I told them it was confidential and would not reveal the name.
A Mr. “Pollock” attempted to pump me for information which would lead to the breaking of the confidential relationship.
I submit a copy of the retainer to you and ask you whether I can ethically subject my client to an investigation by the Department of Labor.
August 19, 1969
John Doe, Esq.
Dear Mr. Doe:
This is to confirm our agreement that your services shall be retained from August 18, 1969 until September 19, 1969 for the purpose of processing loss and damage claims.
It is hereby agreed that you shall bill us at the rate of $30 per day for professional services rendered.
Accepted and Approved
The Question posed is one of law on which the Committee does not pass. For a discussion of the question of law involved see, for example Matter of Kap1an, 8 N.Y. 2d 214; and People ex rel. Vogelstein <text not clear>