reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1029 - Licensing Of Legal Consultants › Section 1029.1 - Applications for licenses as legal consultants; referral to committee on character and fitness

Current through Register Vol. 46, No. 28, July
						  10, 2024
(a) The committee on character and
						  fitness appointed by this court for each judicial district in this department
						  to investigate the character and fitness of applicants for admission to
						  practice as attorneys and counselors-at-law in the courts of this State is
						  hereby also authorized to investigate the qualifications and the character and
						  fitness of applicants for licenses to practice as legal consultants pursuant to
						  the Judiciary Law (§ 53, subd. 6) and the rules of the Court of Appeals
						  (22 NYCRR Part 521).
(b) Every applicant for a license to
						  practice as a legal consultant shall complete, verify and file with the clerk
						  of this court the standard form of questionnaire, and shall comply with all the
						  other requirements, prescribed for that purpose by this court.
(c) Every application in this
						  department for such a license shall be referred to the committee on character
						  and fitness for the judicial district in which the applicant actually resides
						  at the time of such application, and, unless otherwise ordered by the court, no
						  such license shall be granted without a certificate from such committee that it
						  has found that the applicant possesses the qualifications and the character and
						  fitness required therefor.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1029 - Licensing Of Legal Consultants › Section 1029.2 - Documents, affidavits and other proof required

Current through
						  Register Vol. 46, No. 28, July 10, 2024
Every applicant for a license to
							 practice as a legal consultant shall file the following additional papers with
							 his application:
(a) A
						  certificate from the authority having final jurisdiction over professional
						  discipline in the foreign country in which the applicant was admitted to
						  practice, which shall be signed by a responsible official or one of the members
						  of the executive body of such authority and shall be attested under the hand
						  and seal, if any, of the clerk of such authority, and which shall certify:
(1) as to the authority's
						  jurisdiction in such matters;
(2) as to the applicant's admission to
						  practice in such foreign country and the date thereof and as to his good
						  standing as an attorney or counselor-at-law or the equivalent therein;
						  and
(3) as to
						  whether any charge or complaint has ever been filed against the applicant with
						  such authority, and, if so, the substance of each such charge or complaint and
						  the disposition thereof.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1029 - Licensing Of Legal Consultants › Section 1029.3 - College and law school certificates

Current through Register Vol. 46,
						  No. 28, July 10, 2024
A certificate shall be submitted from
							 each college and law school attended by the applicant, setting forth the
							 information required by forms which shall be provided to the applicant for that
							 purpose.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1029 - Licensing Of Legal Consultants › Section 1029.4 - Exceptional situations

Current through Register Vol. 46, No. 28,
						  July 10, 2024
In the event that the applicant is
							 unable to comply strictly with any of the foregoing requirements, the applicant
							 shall set forth the reasons for such inability in an affidavit, together with a
							 statement showing in detail the efforts made to fulfill such
							 requirements.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1029 - Licensing Of Legal Consultants › Section 1029.5 - Authority of committee on character and fitness to require additional proof

Current through Register Vol. 46, No. 28, July 10,
						  2024
The committee on character and fitness
							 may in any case require the applicant to submit such additional proof or
							 information as it may deem appropriate and may also require the applicant to
							 submit a report of the National Conference of Bar Examiners with respect to his
							 character and qualifications.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1029 - Licensing Of Legal Consultants › Section 1029.6 - Undertaking

Current through Register Vol. 46, No. 28, July 10,
						  2024
Prior to taking custody of any money,
							 securities (other than unendorsed securities in registered form), negotiable
							 instruments, bullion, precious stones or other valuables, in the course of his
							 practice as a legal consultant, for or on behalf of any client domiciled or
							 residing in the United States, every person licensed to practice as a legal
							 consultant shall obtain, and shall maintain in effect for the duration of such
							 custody, an undertaking issued by a duly authorized surety company, and
							 approved by a justice of this court, to assure the faithful and fair discharge
							 of his duties and obligations arising from such custody. The undertaking shall
							 be in an amount not less than the amount of any such money, or the fair market
							 value of any such property other than money, of which the legal consultant
							 shall have custody, except that this court may in any case in its discretion
							 for good cause direct that such undertaking shall be in a greater or lesser
							 amount. The undertaking or a duplicate original thereof shall be promptly filed
							 by the legal consultant with the clerk of this court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1029 - Licensing Of Legal Consultants › Section 1029.7 - Disciplinary procedure

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) Disciplinary proceedings against
						  any legal consultant shall be initiated and conducted in the same manner as
						  prescribed by law for disciplinary proceedings against attorneys.
(b) Any committee authorized
						  by this court to conduct preliminary investigations of charges of professional
						  misconduct by attorneys shall have authority to conduct preliminary
						  investigations of charges of professional misconduct or unauthorized activities
						  on the part of any licensed legal consultant in the same manner as in
						  investigations relating to attorneys.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1029 - Licensing Of Legal Consultants › Section 1029.8 - Filing

Current through Register Vol. 46, No. 28, July 10,
						  2024
Every application in this department
							 for a license as a legal consultant, together with all the papers submitted
							 thereon, shall upon its final disposition be filed in the office of the clerk
							 of this court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1032 - Operation of Attorneys for Children Program › Section 1032.1 - Office of attorneys for children; attorneys for children director

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
						  An office of attorneys for children for the Fourth Judicial Department is
						  established to ensure the provision of the highest quality of representation
						  for children and to administer the attorneys for children program in a manner
						  sensitive to local needs.
(b) The function of the office for
						  attorneys for children shall be to provide continuing administrative direction
						  to the attorneys for children program in the Fourth Judicial Department and to
						  secure the cooperation of local bar associations, law schools and governmental
						  agencies in order to achieve the goal specified in subdivision (a) of this
						  section.
(c) The
						  office of attorneys for children shall be administered by an attorneys for
						  children director who shall be appointed by the Appellate Division and
						  supervised by the presiding justice. The duties of the attorneys for children
						  director shall include but not be limited to the following:
(1) to administer the office
						  of attorneys for children in accordance with the law and these rules;
(2) with the approval of the
						  presiding justice and in consultation with the Fourth Department attorneys for
						  children advisory committee, to implement standards, guidelines and procedures
						  for the improvement of the attorneys for children program in the Fourth
						  Judicial Department;
(3) in conjunction with local family
						  courts, local bar associations, law schools or any other competent organization
						  and in consultation with the Fourth Department attorneys for children advisory
						  committee, to provide a continuing program of attorneys for children training
						  and education that will allow applicant attorneys to satisfy requirements for
						  designation to the panel, and improve and maintain the professional competence
						  of attorneys for children; and
(4) to consult with the attorneys for
						  children directors in the First, Second and Third Judicial Departments and with
						  the Office of Court Administration to coordinate the operation of the programs
						  in each department; and
(5) to prepare the annual report on the
						  operation of the attorneys for children program in the Fourth Judicial
						  Department.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1032 - Operation of Attorneys for Children Program › Section 1032.2 - Attorneys for children advisory committee

Current through Register
						  Vol. 46, No. 28, July 10, 2024
(a) The presiding justice shall appoint
						  a chairperson of the Fourth Department attorneys for children advisory
						  committee and such other members as the presiding justice deems necessary to
						  enable the committee to perform the functions specified in this section. The
						  term of appointment shall be staggerd and for a period of two years subject to
						  reappointment by the presiding justice.
(b) The Fourth Department attorneys for
						  children advisory committee may make recommendations to the presiding justice
						  and the attorneys for children director with respect to:
(1) training of attorneys for
						  children;
(2) the
						  promulgation of rules, standards and administrative procedures for effective
						  attorneys for children representation in the department;
(3) procedures necessary to
						  insure that panel members are designated and assigned in a fair and impartial
						  manner, having regard to the nature and difficulty of each case and the special
						  qualifications of panel members; and
(4) procedures necessary to improve the
						  operation thereof throughout the department.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1032 - Operation of Attorneys for Children Program › Section 1032.3 - Members of Fourth Department attorneys for children advisory committee are volunteers

Current through Register Vol. 46, No. 28,
						  July 10, 2024
Each member of the Fourth Department
							 attorneys for children advisory committee is a volunteer expressly authorized
							 to participate in a State-sponsored volunteer program as provided in section
							 17
							 (1) of the Public Officers
							 Law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1032 - Operation of Attorneys for Children Program › Section 1032.4 - Attorneys for children panel

Current through Register Vol. 46, No.
						  28, July 10, 2024
(a) Initial designation to attorneys
						  for children panel.
(1)
						  Eligibility. An attorney is eligible for designation as a member of the
						  attorneys for children panel of a county of this department when the attorney:
(i) is a member in good
						  standing of the Bar of the State of New York and in any other jurisdiction in
						  which the attorney is admitted to the practice of law;
(ii) has attended 17 hours of
						  attorneys for children introductory training sponsored by the attorneys for
						  children program; and
(iii) has obtained experience in
						  attorneys for children representation by appearing either as attorney of
						  record, associate counsel or co-counsel for a party in a minimum of three
						  proceedings under article 3, article 6, article 7, or article 10 of the Family
						  Court Act; or has been found by a Family Court judge to be well qualified by
						  reason of education, training or substantial trial experience.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1032 - Operation of Attorneys for Children Program › Section 1032.5 - Training and education

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) To be
						  eligible for redesignation to a panel an attorney for children shall:
(1) have completed within the preceding two
						  years at least one training program sponsored by the Attorneys for Children
						  Program, including ongoing training on domestic violence as incorporated into
						  the attorneys for children training curriculum. If prior approval is obtained
						  from the Appellate Division, attendance at an appropriate educational and
						  training program sponsored or cosponsored by another New York State Judicial
						  Department, bar association, law school or legal aid society, may be
						  substituted for training sponsored by the Attorneys for Children Program. This
						  biennial continuing education and training requirement may also be fulfilled by
						  viewing video recordings totaling at least five and one-half hours, approved
						  for such purpose by the Appellate Division, Fourth Department, and filing with
						  the Appellate Division, Fourth Department, a certification attesting to such
						  viewing.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1032 - Operation of Attorneys for Children Program › Section 1032.6 - Compensation

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
						  An attorney for children seeking compensation for services rendered pursuant to
						  Family Court Act, section 245 shall submit a claim for approval to the Family
						  Court on forms authorized by the Chief Administrator of the Courts. The Family
						  Court shall certify the claim, subject to appropriate modifications, and shall
						  forward the claim to the Appellate Division for approval and certification to
						  the Comptroller for payment. When a claim is received by the Appellate Division
						  more than 90 days after the attorney for children has completed the assignment,
						  the attorney for children shall provide an affidavit stating that the attorney
						  for children has not been paid for the services rendered, that a claim has not
						  been submitted previously, and the reasons why the claim was not received
						  within the 90-day period. The Appellate Division may, in the exercise of its
						  discretion, disapprove any claim not received within the 90-day
						  period.
(b)
						  Compensation in excess of the limits established by Family Court Act, section
						  245 and Judiciary Law section 35 shall not be approved absent a showing of
						  extraordinary circumstances. An attorney for children submitting a claim for
						  compensation in excess of the statutory limits shall submit, with the claim, an
						  affidavit detailing the nature of the proceeding in which the services were
						  rendered, the services rendered, the time expended, the expenses incurred and
						  the facts that would support a finding of extraordinary circumstances. Absent
						  such an affidavit, a fee in excess of the statutory limits shall not be
						  approved.
(c) In
						  determining whether there are extraordinary circumstances warranting
						  compensation in excess of the statutory limits, the Family Court and the
						  Appellate Division shall consider:
(1) whether the matter involved
						  unusually complex factual or legal issues;
(2) whether a novel issue of law, which
						  required extensive legal research was involved;
(3) whether a lengthy trial or
						  other in-court proceedings were necessary; and
(4) any other unique or
						  unusual circumstances.
The expenditure of time alone,
							 however, shall not constitute an extraordinary circumstance.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1032 - Operation of Attorneys for Children Program › Section 1032.7 - Compensation

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) An
						  attorney for children seeking compensation for services rendered pursuant to
						  Family Court Act, section 245 shall submit a claim for approval to the Family
						  Court on forms authorized by the Chief Administrator of the Courts. The Family
						  Court shall certify the claim, subject to appropriate modifications, and shall
						  forward the claim to the Appellate Division for approval and certification to
						  the Comptroller for payment. When a claim is received by the Appellate Division
						  more than 90 days after the attorney for children has completed the assignment,
						  the attorney for children shall provide an affidavit stating that the attorney
						  for children has not been paid for the services rendered, that a claim has not
						  been submitted previously, and the reasons why the claim was not received
						  within the 90-day period. The Appellate Division may, in the exercise of its
						  discretion, disapprove any claim not received with the 90-day period.
(b) Compensation in excess of the limits
						  established by Family Court Act, section 245 and Judiciary Law section 35 shall
						  not be approved absent a showing of extraordinary circumstances. An attorney
						  for children submitting a claim for compensation in excess of the statutory
						  limits shall submit, with the claim, an affidavit detailing the nature of the
						  proceeding in which the services were rendered, the services rendered, the time
						  expended, the expenses incurred and the facts that would support a finding of
						  extraordinary circumstances. Absent such an affidavit, a fee in excess of the
						  statutory limits shall not be approved.
(c) In determining whether there are
						  extraordinary circumstances warranting compensation in excess of the statutory
						  limits, the Family Court and the Appellate Division shall consider:
(1) whether the matter involved unusually
						  complex factual or legal issues;
(2) whether a novel issue of law, which
						  required extensive legal research was involved;
(3) whether a lengthy trial or other in-court
						  proceedings were necessary; and
(4)
						  any other unique or unusual circumstances.
The expenditure of time alone, however, shall not
							 constitute an extraordinary circumstance.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1039 - Miscellaneous Rules › Section 1039.1 to 1039.2 - Repealed

Current through Register Vol. 46, No. 28,
						  July 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle C - Orders › Part 1040 - Orders › Section 1040.1 - Committee inquiries

Current through Register Vol. 46, No. 28,
						  July 10, 2024
Upon reading chapter 877 of the Laws
							 of 1976, which amended section
							 160.50 of the Criminal Procedure law and
							 added a new section 160.60 thereto, and also amended section
							 296 of the
							 Executive Law of the State of New York,
It is hereby ORDERED, That the
							 Committees on Character and Fitness appointed by this court pursuant to CPLR
							 9401 to investigate applicants for admission to the bar may continue to inquire
							 concerning any criminal actions or proceedings involving the applicant,
							 including actions or proceedings which were terminated in the applicant's
							 favor, and may continue to require the applicants to answer questions and give
							 information with respect to such matters.
DATED AND ENTERED: December 21,
							 1976
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle C - Orders › Part 1040 - Orders › Section 1040.2 - Committee participation

Current through Register Vol. 46, No.
						  28, July 10, 2024
Members of the Committees on Character
							 and Fitness, as volunteers, are expressly authorized to participate in a
							 State-sponsored volunteer program within the meaning of subdivision 1 of
							 section
							 17 of the
							 Public Officers Law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1100 - Uniform Procedures For Appeals From Pretrial Findings Of Mental Retardation In Capital Cases › Section 1100.1 - General

Current through Register Vol. 46, No. 28, July 10,
					 2024
This Part shall govern the procedure for
						an expedited appeal by the People to the Appellate Division, pursuant to
						Criminal Procedure Law, 400.27(12)(f) and 450.20(10), of an order by a superior
						court finding a defendant charged with murder in the first degree to be
						mentally retarded.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1100 - Uniform Procedures For Appeals From Pretrial Findings Of Mental Retardation In Capital Cases › Section 1100.2 - Procedure

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Upon filing the notice of appeal, the People shall give notice to the Appellate
					 Division that an appeal is pending pursuant to Criminal Procedure Law,
					 400.27(12)(f) and request that an expedited briefing schedule be set.
(b) The Appellate Division
					 shall establish an expedited briefing schedule for the appeal. Briefs may be
					 typewritten or reproduced. Both the People and the defendant shall file nine
					 copies of a brief, and one copy of the brief shall be served on opposing
					 counsel.
(c) The
					 appeal may be taken on one original record, which shall include copies of the
					 indictment, the motion papers, the minutes of, and all exhibits in, the hearing
					 on mental retardation held in the superior court, the court's decision and
					 order, and the notice of appeal.
(d) The Appellate Division shall give
					 preference to the hearing of an appeal perfected pursuant to this Part and
					 shall determine the appeal as expeditiously as possible.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1100 - Uniform Procedures For Appeals From Pretrial Findings Of Mental Retardation In Capital Cases › Section 1100.3 - Representation by court-assigned counsel in the Appellate Division

Current through Register Vol. 46, No. 28, July 10,
					 2024
In any appeal by the People from an order
						pursuant to this Part, the Appellate Division shall assign counsel to represent
						a defendant who is represented in the superior court by court-assigned counsel,
						and may direct that the court-assigned counsel in the superior court represent
						the defendant on appeal.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1200 - Rules of Professional Conduct › Subpart - Client-Lawyer Relationship › Section 1200.1.1 - Competence

Current through Register Vol. 46, No. 28, July 10,
						2024
(a)
						A lawyer should provide competent representation to a client. Competent
						representation requires the legal knowledge, skill, thoroughness and
						preparation reasonably necessary for the representation.
(b) A lawyer shall not handle
						a legal matter that the lawyer knows or should know that the lawyer is not
						competent to handle, without associating with a lawyer who is competent to
						handle it.
(c) A
						lawyer shall not intentionally:
(1) fail to seek the objectives of the
						client through reasonably available means permitted by law and these Rules;
						or
(2) prejudice or
						damage the client during the course of the representation except as permitted
						or required by these Rules.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1200 - Rules of Professional Conduct › Subpart - Client-Lawyer Relationship › Section 1200.1.2 - Scope of representation and allocation of authority between client and lawyer

Current through Register Vol. 46, No. 28, July
						10, 2024
(a) Subject to the provisions herein, a
						lawyer shall abide by a client's decisions concerning the objectives of
						representation and, as required by Rule 1.4, shall consult with the client as
						to the means by which they are to be pursued. A lawyer shall abide by a
						client's decision whether to settle a matter. In a criminal case, the lawyer
						shall abide by the client's decision, after consultation with the lawyer, as to
						a plea to be entered, whether to waive jury trial and whether the client will
						testify.
(b) A
						lawyer's representation of a client, including representation by appointment,
						does not constitute an endorsement of the client's political, economic, social
						or moral views or activities.
(c) A lawyer may limit the scope of the
						representation if the limitation is reasonable under the circumstances, the
						client gives informed consent and where necessary notice is provided to the
						tribunal and/or opposing counsel.
(d) A lawyer shall not counsel a client
						to engage, or assist a client, in conduct that the lawyer knows is illegal or
						fraudulent, except that the lawyer may discuss the legal consequences of any
						proposed course of conduct with a client.
(e) A lawyer may exercise professional
						judgment to waive or fail to assert a right or position of the client, or
						accede to reasonable requests of opposing counsel, when doing so does not
						prejudice the rights of the client.
(f) A lawyer may refuse to aid or
						participate in conduct that the lawyer believes to be unlawful, even though
						there is some support for an argument that the conduct is legal.
(g) A lawyer does not violate
						these Rules by being punctual in fulfilling all professional commitments, by
						avoiding offensive tactics, and by treating with courtesy and consideration all
						persons involved in the legal process.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1200 - Rules of Professional Conduct › Subpart - Client-Lawyer Relationship › Section 1200.1.3 - Diligence

Current through Register Vol. 46, No. 28, July 10,
						2024
(a)
						A lawyer shall act with reasonable diligence and promptness in representing a
						client.
(b) A lawyer
						shall not neglect a legal matter entrusted to the lawyer.
(c) A lawyer shall not
						intentionally fail to carry out a contract of employment entered into with a
						client for professional services, but the lawyer may withdraw as permitted
						under these Rules.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1200 - Rules of Professional Conduct › Subpart - Client-Lawyer Relationship › Section 1200.1.4 - Communication

Current through Register Vol. 46, No. 28, July 10,
						2024
(a)
						A lawyer shall:
(1) promptly
						inform the client of:
(i) any
						decision or circumstance with respect to which the client's informed consent,
						as defined in Rule 1.0(j), is required by these Rules;
(ii) any information required
						by court rule or other law to be communicated to a client; and
(iii) material developments in
						the matter including settlement or plea offers.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1200 - Rules of Professional Conduct › Subpart - Client-Lawyer Relationship › Section 1200.1.5 - Fees and division of fees

Current through Register Vol. 46,
						No. 28, July 10, 2024
(a) A lawyer shall not make an
						agreement for, charge, or collect an excessive or illegal fee or expense. A fee
						is excessive when, after a review of the facts, a reasonable lawyer would be
						left with a definite and firm conviction that the fee is excessive. The factors
						to be considered in determining whether a fee is excessive may include the
						following:
(1) the time and
						labor required, the novelty and difficulty of the questions involved, and the
						skill requisite to perform the legal service properly;
(2) the likelihood, if
						apparent or made known to the client, that the acceptance of the particular
						employment will preclude other employment by the lawyer;
(3) the fee customarily
						charged in the locality for similar legal services;
(4) the amount involved and
						the results obtained;
(5) the time limitations imposed by the
						client or by circumstances;
(6) the nature and length of the
						professional relationship with the client;
(7) the experience, reputation and
						ability of the lawyer or lawyers performing the services; and
(8) whether the fee is fixed
						or contingent.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1200 - Rules of Professional Conduct › Subpart - Client-Lawyer Relationship › Section 1200.1.6 - Confidentiality of information

Current through Register Vol. 46, No.
						28, July 10, 2024
(a) A lawyer shall not knowingly reveal
						confidential information, as defined in this Rule, or use such information to
						the disadvantage of a client or for the advantage of the lawyer or a third
						person, unless:
(1) the client
						gives informed consent, as defined in Rule 1.0(j);
(2) the disclosure is
						impliedly authorized to advance the best interests of the client and is either
						reasonable under the circumstances or customary in the professional community;
						or
(3) the
						disclosure is permitted by paragraph (b).
"Confidential information" consists of
						  information gained during or relating to the representation of a client,
						  whatever its source, that is (a) protected by the attorney-client privilege,
						  (b) likely to be embarrassing or detrimental to the client if disclosed, or (c)
						  information that the client has requested be kept confidential. "Confidential
						  information" does not ordinarily include (i) a lawyer's legal knowledge or
						  legal research or (ii) information that is generally known in the local
						  community or in the trade, field or profession to which the information
						  relates.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1200 - Rules of Professional Conduct › Subpart - Client-Lawyer Relationship › Section 1200.1.7 - Conflict of interest: current clients

Current through Register
						Vol. 46, No. 28, July 10, 2024
(a) Except as provided in paragraph
						(b), a lawyer shall not represent a client if a reasonable lawyer would
						conclude that either:
(1) the
						representation will involve the lawyer in representing differing interests;
						or
(2) there is a
						significant risk that the lawyer's professional judgment on behalf of a client
						will be adversely affected by the lawyer's own financial, business, property or
						other personal interests.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1200 - Rules of Professional Conduct › Subpart - Client-Lawyer Relationship › Section 1200.1.8 - Current clients: specific conflict of interest rules

Current
						through Register Vol. 46, No. 28, July 10, 2024
(a) A lawyer shall not enter
						into a business transaction with a client if they have differing interests
						therein and if the client expects the lawyer to exercise professional judgment
						therein for the protection of the client, unless:
(1) the transaction is fair and
						reasonable to the client and the terms of the transaction are fully disclosed
						and transmitted in writing in a manner that can be reasonably understood by the
						client;
(2) the
						client is advised in writing of the desirability of seeking, and is given a
						reasonable opportunity to seek, the advice of independent legal counsel on the
						transaction; and
(3)
						the client gives informed consent, in a writing signed by the client, to the
						essential terms of the transaction and the lawyer's role in the transaction,
						including whether the lawyer is representing the client in the
						transaction.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1200 - Rules of Professional Conduct › Subpart - Client-Lawyer Relationship › Section 1200.1.9 - Duties to former clients

Current through Register Vol. 46, No.
						28, July 10, 2024
(a) A lawyer who has formerly
						represented a client in a matter shall not thereafter represent another person
						in the same or a substantially related matter in which that person's interests
						are materially adverse to the interests of the former client unless the former
						client gives informed consent, confirmed in writing.
(b) Unless the former client
						gives informed consent, confirmed in writing, a lawyer shall not knowingly
						represent a person in the same or a substantially related matter in which a
						firm with which the lawyer formerly was associated had previously represented a
						client:
(1) whose interests
						are materially adverse to that person; and
(2) about whom the lawyer had acquired
						information protected by Rules 1.6 or paragraph (c) of this Rule that is
						material to the matter.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1200 - Rules of Professional Conduct › Subpart - Client-Lawyer Relationship › Section 1200.1.10 - Imputation of conflicts of interest

Current through Register Vol.
						46, No. 28, July 10, 2024
(a) While lawyers are associated in a
						firm, none of them shall knowingly represent a client when any one of them
						practicing alone would be prohibited from doing so by Rule 1.7, 1.8 or 1.9,
						except as otherwise provided therein.
(b) When a lawyer has terminated an
						association with a firm, the firm is prohibited from thereafter representing a
						person with interests that the firm knows or reasonably should know are
						materially adverse to those of a client represented by the formerly associated
						lawyer and not currently represented by the firm if the firm or any lawyer
						remaining in the firm has information protected by Rule 1.6 or Rule 1.9(c) that
						is material to the matter.
(c) When a lawyer becomes associated
						with a firm, the firm may not knowingly represent a client in a matter that is
						the same as or substantially related to a matter in which the newly associated
						lawyer, or a firm with which that lawyer was associated, formerly represented a
						client whose interests are materially adverse to the prospective or current
						client unless the newly associated lawyer did not acquire any information
						protected by Rule 1.6 or Rule 1.9(c) that is material to the current
						matter.
(d) A
						disqualification prescribed by this Rule may be waived by the affected client
						or former client under the conditions stated in Rule 1.7.
(e) A law firm shall make a
						written record of its engagements, at or near the time of each new engagement,
						and shall implement and maintain a system by which proposed engagements are
						checked against current and previous engagements when:
(1) the firm agrees to represent a new
						client;
(2) the firm
						agrees to represent an existing client in a new matter;
(3) the firm hires or
						associates with another lawyer; or
(4) an additional party is named or
						appears in a pending matter.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1200 - Rules of Professional Conduct › Subpart - Client-Lawyer Relationship › Section 1200.1.11 - Special conflicts of interest for former and current government officers and employees

Current through Register Vol. 46, No. 28,
						July 10, 2024
(a) Except as law may otherwise
						expressly provide, a lawyer who has formerly served as a public officer or
						employee of the government:
(1) shall comply with Rule 1.9(c);
						and
(2) shall not
						represent a client in connection with a matter in which the lawyer participated
						personally and substantially as a public officer or employee, unless the
						appropriate government agency gives its informed consent, confirmed in writing,
						to the representation. This provision shall not apply to matters governed by
						Rule 1.12(a).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1200 - Rules of Professional Conduct › Subpart - Client-Lawyer Relationship › Section 1200.1.12 - Specific conflicts of interest for former judges, arbitrators, mediators or other third-party neutrals

Current through Register Vol.
						46, No. 28, July 10, 2024
(a) A lawyer shall not accept private
						employment in a matter upon the merits of which the lawyer has acted in a
						judicial capacity.
(b) Except as stated in paragraph (e),
						and unless all parties to the proceeding give informed consent, confirmed in
						writing, a lawyer shall not represent anyone in connection with a matter in
						which the lawyer participated personally and substantially as:
(1) an arbitrator, mediator or
						other third-party neutral; or
(2) a law clerk to a judge or other
						adjudicative officer or an arbitrator, mediator or other third-party
						neutral.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1200 - Rules of Professional Conduct › Subpart - Client-Lawyer Relationship › Section 1200.1.13 - Organization as client

Current through Register Vol. 46, No. 28,
						July 10, 2024
(a) When a lawyer employed or retained
						by an organization is dealing with the organization's directors, officers,
						employees, members, shareholders or other constituents, and it appears that the
						organization's interests may differ from those of the constituents with whom
						the lawyer is dealing, the lawyer shall explain that the lawyer is the lawyer
						for the organization and not for any of the constituents.
(b) If a lawyer for an
						organization knows that an officer, employee or other person associated with
						the organization is engaged in action or intends to act or refuses to act in a
						matter related to the representation that (i) is a violation of a legal
						obligation to the organization or a violation of law that reasonably might be
						imputed to the organization, and (ii) is likely to result in substantial injury
						to the organization, then the lawyer shall proceed as is reasonably necessary
						in the best interest of the organization. In determining how to proceed, the
						lawyer shall give due consideration to the seriousness of the violation and its
						consequences, the scope and nature of the lawyer's representation, the
						responsibility in the organization and the apparent motivation of the person
						involved, the policies of the organization concerning such matters and any
						other relevant considerations. Any measures taken shall be designed to minimize
						disruption of the organization and the risk of revealing information relating
						to the representation to persons outside the organization. Such measures may
						include, among others:
(1)
						asking reconsideration of the matter;
(2) advising that a separate legal
						opinion on the matter be sought for presentation to an appropriate authority in
						the organization; and
(3) referring the matter to higher
						authority in the organization, including, if warranted by the seriousness of
						the matter, referral to the highest authority that can act in behalf of the
						organization as determined by applicable law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1200 - Rules of Professional Conduct › Subpart - Client-Lawyer Relationship › Section 1200.1.14 - Client with diminished capacity

Current through Register Vol. 46,
						No. 28, July 10, 2024
(a) When a client's capacity to make
						adequately considered decisions in connection with a representation is
						diminished, whether because of minority, mental impairment or for some other
						reason, the lawyer shall, as far as reasonably possible, maintain a
						conventional relationship with the client.
(b) When the lawyer reasonably believes
						that the client has diminished capacity, is at risk of substantial physical,
						financial or other harm unless action is taken and cannot adequately act in the
						client's own interest, the lawyer may take reasonably necessary protective
						action, including consulting with individuals or entities that have the ability
						to take action to protect the client and, in appropriate cases, seeking the
						appointment of a guardian ad litem, conservator or guardian.
(c) Information relating to
						the representation of a client with diminished capacity is protected by Rule
						1.6. When taking protective action pursuant to paragraph (b), the lawyer is
						impliedly authorized under Rule 1.6(a) to reveal information about the client,
						but only to the extent reasonably necessary to protect the client's
						interests.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1200 - Rules of Professional Conduct › Subpart - Client-Lawyer Relationship › Section 1200.1.16 - Declining or terminating representation

Current through Register
						Vol. 46, No. 28, July 10, 2024
(a) A lawyer shall not accept
						employment on behalf of a person if the lawyer knows or reasonably should know
						that such person wishes to:
(1)
						bring a legal action, conduct a defense, or assert a position in a matter, or
						otherwise have steps taken for such person, merely for the purpose of harassing
						or maliciously injuring any person; or
(2) present a claim or defense in a
						matter that is not warranted under existing law, unless it can be supported by
						a good faith argument for an extension, modification, or reversal of existing
						law.