Opinion 11-40

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.)

                                                 Committee Chair

Enc.