In 2003, the New
York State Bar Association
established and charged the
Committee on Standards of
Attorney Conduct (“COSAC”),
to study and review New
York’s ethics standard and
the American Bar
Association’s Model Rules of
Professional Conduct.
The Committee members come
from across
New York State and include
private practitioners in
small and large firms,
government lawyers, and
corporate counsel.
The Committee recently
completed its review and has
proposed a set of Rules of
Professional Conduct. At
its January
27, 2006, meeting of the New
York State House of
Delegates meeting, the COSAC
Committee will present an
overview of its report.
Formal consideration and
vote on the committee’s
recommendations will be
addressed at the April 1,
2006, House of Delegates’
meeting. If approved, the
Committee will then present
its detailed report in
sections for discussion and
amendment pursuant to a
schedule of comment and
meeting dates extending from
May 26, 2006, through
November 3, 2007
(to view this schedule,
click here). Upon
the conclusion of debate and
vote on the complete set of
rules, another vote will be
taken to authorize the
finalization and transmittal
of the rules, as may be
amended, to the Appellate
Division in the four
Judicial Departments for
their consideration.
The
OCBA has established the “Ad
Hoc Committee on Standards
of Attorney
Conduct
” to review the
Committee’s Report and
proposed Rules under the
able leadership of Dave
Pellow, which, working in
conjunction with the OCBA
Ethics Committee chaired by
Victor Hershdorfer, will,
over the course of the next
year and one half, study,
encourage ongoing discussion
and dialogue and advise our
members and Board with
respect to these proposed
Rules.
(All links lead to PDF
documents, which will open in
new windows.)
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Introduction |
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PROPOSED RULES |
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Preamble and Scope |
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Rule
1.0 |
Terminology |
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CLIENT-LAWYER
RELATIONSHIP |
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Rule
1.1 |
Competence |
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Rule
1.2 |
Scope
of Representations and
Allocation of Authority
Between Client and
Lawyer |
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Rule
1.3 |
Diligence |
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Rule
1.4 |
Communication |
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Rule
1.5 |
Fees
and Division of Fees |
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Rule 1.6
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Confidentiality of
Information |
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Rule 1.7 |
Conflict of Interest:
Current Clients |
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Rule 1.8 |
Current Clients:
Special Conflict of
Interest Rules |
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Rule 1.9 |
Duties to Former
Clients |
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Rule 1.10 |
Imputation of Conflicts
of Interest |
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Rule 1.11 |
Special Conflicts of
Interest for Former and
Current Government
Officers and Employees |
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Rule
1.12 |
Former Judge,
Arbitrator, Mediator, or
Other Third-Party
Neutral |
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Rule 1.13 |
Organization as Client |
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Rule
1.14 |
Client with Diminished
Capacity |
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Rule
1.15 |
Preserving Identity of
Funds and Property of
Others; Fiduciary
Responsibility;
Commingling and
Misappropriation of
Funds or Property |
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Rule
1.16 |
Declining or Terminating
Representation |
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Rule
1.17 |
Sale
of Law Practice |
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Rule 1.18 |
Duties to Prospective
Clients |
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COUNSELOR |
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Rule
2.1 |
Advisor |
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Rule
2.2 |
[Reserved] |
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Rule
2.3 |
Evaluation for Use by
Third Persons |
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Rule
2.4 |
Lawyer Serving as
Third-Party Neutral |
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ADVOCATE |
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Rule
3.1 |
Meritorious Claims and
Contentions |
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Rule
3.2 |
Delay
of Litigation |
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Rule 3.3 |
Candor Toward the
Tribunal |
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Rule 3.4 |
Fairness to Opposing
Party and Counsel |
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Rule
3.5 |
Impartilaity of Judges
and Jurors |
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Rule
3.6 |
Trial
Publicity |
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Rule
3.7 |
Lawyer as Witness |
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Rule
3.8 |
Special Responsibilities
of Prosecutors |
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Rule 3.9 |
Advocate in
Nonadjudicative
Proceedings |
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TRANSACTIONS with
PERSONS OTHER THAN
CLIENTS |
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Rule
4.1 |
Truthfulness in
Statements to Others |
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Rule
4.2 |
Communication with
Person Represented by
Counsel |
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Rule
4.3 |
Dealing with
Unrepresented Person |
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Rule
4.4 |
Respect for Right if
Third Persons |
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LAW
FIRMS AND ASSOCIATIONS |
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Rule
5.1 |
Responsibilities of Law
Firms, Partners,
Managers and Supervisory
Lawyers |
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Rule
5.2 |
Responsibilities of a
Subordinate Lawyer |
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Rule
5.3 |
Responsibilities for
Non-Lawyers |
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Rule 5.4 |
Professional
Independence of a Lawyer |
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Rule
5.5 |
Unauthorized Practice of
Law; Multijurisdictional
Practice of Law |
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Rule 5.6 |
Restrictions on Right to
Practice |
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Rule 5.7 |
Responsibilities
Regarding Non-Legal
Services |
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Rule 5.8 |
Contractual
Relationships with
Non-Legal Professionals |
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PUBLIC SERVICE |
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Rule
6.1 |
Voluntary Pro Bono
Service |
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Rule
6.2 |
Accepting Appointments |
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Rule
6.3 |
Membership in a Legal
Services Organization |
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Rule
6.4 |
Law
Reform Activities
Affecting Client
Interests |
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Rule
6.5 |
Participation in Limited
Legal Services Programs |
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INFORMATION ABOUT LEGAL
SERVICES |
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Rule
7.1 |
Communications
Concerning a Lawyer's
Services |
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Rule
7.2 |
Payment for Referrals |
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Rule
7.3 |
Direct Oontact with
Prospective Clients |
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Rule
7.4 |
Identification of
Practice and Speciality |
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Rule
7.5 |
Firm
Names and Letterheads |
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Rule
7.6 |
Political Contributions
to Obtain Government
Legal Engagements or
Appointments by Judges |
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MAINTAINING THE
INTEGRITY OF THE
PROFESSION |
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Rule 8.1 |
Truthfulness in Bar
Admission Matters |
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Rule
8.2 |
Judicial Officers |
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Rule
8.3 |
Reporting Professional
Misconduct |
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Rule
8.4 |
Misconduct |
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Rule 8.5 |
Disciplinary Authority
and Choice of Law |