New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1205 - Cooperative Business Arrangements Between Lawyers And Nonlegal Professionals › Section 1205.4 - Statement of client's rights in cooperative business arrangements

Current through Register Vol. 46, No. 28, July 10,
					 2024
In the furtherance of a cooperative
						business arrangement:
(a) prior to the commencement of legal
					 representation of a client referred by a nonlegal service provider;
					 or
(b) prior to the
					 referral of an existing client to a nonlegal service provider;
a lawyer shall provide the client with a
						statement of client's rights. That statement shall include a consent to the
						referral to be signed by the client and shall contain the following:
STATEMENT OF CLIENT'S RIGHTS IN
						COOPERATIVE BUSINESS ARRANGEMENTS
Your lawyer is providing you with this
						document to explain how your rights may be affected by the referral of your
						particular matter by your lawyer to a nonlegal service provider, or by the
						referral of your particular matter by your lawyer to a nonlegal service
						provider, or by the referral of your particular matter by a nonlegal service
						provider to your lawyer.
To help avoid any misunderstanding between
						your and your lawyer please read this document carefully. If you have any
						questions about these rights, do not hesitate to ask your lawyer.
Your lawyer has entered into a contractual
						relationship with a nonlegal professional or professional service firm, in the
						form of a cooperative business arrangement which may include sharing of costs
						and expenses, to provide legal and nonlegal services. Such an arrangement may
						substantially affect your rights in a number of respects. Specifically, you are
						advised:
1. A lawyer's
					 clients are guaranteed the independent professional judgment and undivided
					 loyalty of the lawyer, uncompromised by conflicts of interest. The lawyer's
					 business arrangement with a provider of nonlegal services may not diminish
					 these rights.
2.
					 Confidences and secrets imparted by a client to a lawyer are protected by the
					 attorney/client privilege and may not be disclosed by the lawyer as part of a
					 referral to a nonlegal service provider without the separate written consent of
					 the client.
3. The
					 protections afforded to a client by the attorney/client privilege may not carry
					 over to dealings between the client and a nonlegal service provider.
					 Information that would be protected as a confidence or secret, if imparted by
					 the client to a lawyer, may not be so protected when disclosed by the client to
					 a nonlegal service provider. Under some circumstances, the nonlegal service
					 provider may be required by statute or a code of ethics to make disclosure to a
					 government agency.
4. Even where a lawyer refers a client
					 to a nonlegal service provider for assistance in financial matters, the
					 lawyer's obligation to preserve and safeguard client funds in his or her
					 possession continues.
You have the right to consult with an
						independent lawyer or other third party before signing this agreement.
Client's Consent:
I have read the above statement of
						Client's Rights in Cooperative Business Arrangements and I consent to the
						referral of my particular matter in accordance with that Statement.
______________
Client's signature
______________
Date