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Establishment of OCBA Ad Hoc Committee on Standards of Attorney Conduct 

 

            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. 

 

Click on the links below to review the rules:

(All links lead to PDF documents, which will open in new windows.)

 

Introduction  
   
PROPOSED RULES  
Preamble and Scope  
Rule 1.0 Terminology
   
CLIENT-LAWYER RELATIONSHIP  
Rule 1.1 Competence
Rule 1.2 Scope of Representations and Allocation of Authority Between Client and Lawyer
Rule 1.3 Diligence
Rule 1.4 Communication
Rule 1.5 Fees and Division of Fees
Rule 1.6    Confidentiality of Information
Rule 1.7  Conflict of Interest:  Current Clients
Rule 1.8  Current Clients: Special Conflict of Interest Rules
Rule 1.9  Duties to Former Clients
Rule 1.10  Imputation of Conflicts of Interest
Rule 1.11 Special Conflicts of Interest for Former and Current Government Officers and Employees
Rule 1.12 Former Judge, Arbitrator, Mediator, or Other Third-Party Neutral
Rule 1.13  Organization as Client
Rule 1.14 Client with Diminished Capacity
Rule 1.15 Preserving Identity of Funds and Property of Others; Fiduciary Responsibility; Commingling and Misappropriation of Funds or Property
Rule 1.16 Declining or Terminating Representation
Rule 1.17 Sale of Law Practice
Rule 1.18 Duties to Prospective Clients
   
COUNSELOR  
Rule 2.1 Advisor
Rule 2.2 [Reserved]
Rule 2.3 Evaluation for Use by Third Persons
Rule 2.4 Lawyer Serving as Third-Party Neutral
   
ADVOCATE  
Rule 3.1 Meritorious Claims and Contentions
Rule 3.2 Delay of Litigation
Rule 3.3  Candor Toward the Tribunal
Rule 3.4  Fairness to Opposing Party and Counsel
Rule 3.5 Impartilaity of Judges and Jurors
Rule 3.6 Trial Publicity
Rule 3.7 Lawyer as Witness
Rule 3.8 Special Responsibilities of Prosecutors
Rule 3.9 Advocate in Nonadjudicative Proceedings
   
TRANSACTIONS with PERSONS OTHER THAN CLIENTS  
Rule 4.1 Truthfulness in Statements to Others
Rule 4.2 Communication with Person Represented by Counsel
Rule 4.3 Dealing with Unrepresented Person
Rule 4.4 Respect for Right if Third Persons
   
LAW FIRMS AND ASSOCIATIONS  
Rule 5.1 Responsibilities of Law Firms, Partners, Managers and Supervisory Lawyers
Rule 5.2 Responsibilities of a Subordinate Lawyer
Rule 5.3 Responsibilities for Non-Lawyers
Rule 5.4 Professional Independence of a Lawyer
Rule 5.5 Unauthorized Practice of Law; Multijurisdictional Practice of Law
Rule 5.6 Restrictions on Right to Practice
Rule 5.7 Responsibilities Regarding Non-Legal Services
Rule 5.8 Contractual Relationships with Non-Legal Professionals
   
PUBLIC SERVICE  
Rule 6.1 Voluntary Pro Bono Service
Rule 6.2 Accepting Appointments
Rule 6.3 Membership in a Legal Services Organization
Rule 6.4 Law Reform Activities Affecting Client Interests
Rule 6.5 Participation in Limited Legal Services Programs
   
INFORMATION ABOUT LEGAL SERVICES  
Rule 7.1 Communications Concerning a Lawyer's Services
Rule 7.2 Payment for Referrals
Rule 7.3 Direct Oontact with Prospective Clients
Rule 7.4 Identification of Practice and Speciality
Rule 7.5 Firm Names and Letterheads
Rule 7.6 Political Contributions to Obtain Government Legal Engagements or Appointments by Judges
   
MAINTAINING THE INTEGRITY OF THE PROFESSION  
Rule 8.1 Truthfulness in Bar Admission Matters
Rule 8.2 Judicial Officers
Rule 8.3 Reporting Professional Misconduct
Rule 8.4 Misconduct
Rule 8.5 Disciplinary Authority and Choice of Law

                                        

 

 

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