May 16, 2011
This responds to your inquiry (11-40) asking whether it is ethically permissible to complete and return questionnaires received from Martindale-Hubbell asking your confidential opinion on the capabilities and ethics of local counsel.
This Committee has previously determined that a judge may rate an attorney’s legal abilities for confidential use by a legal publication.
Enclosed, for your convenience, is Opinion 89-119 which addresses this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)