January 16, 2018
This responds to your inquiry (17-175) asking whether you have any further ethical obligations to a former client to whom you personally returned his/her trial file. You indicate that this former client wrote to you requesting his/her trial file within ten days or he/she would report you to the grievance committee. You responded in writing, explaining that you had already personally returned the file and, as a full-time judge, could no longer practice law or give legal advice.
In the Committee’s view, no further action is warranted as you have already returned the file and so informed your former client in writing.
Enclosed, for your convenience, is Opinion 00-77 which relates to this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Div., First Dep’t (Ret’d)
Hon. Margaret T. Walsh
Family Court Judge
Acting Justice, Supreme Court