reglab/statecodes huggingface dataset:
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 1200.1.18 - Duties to prospective clients

Current through Register Vol. 46,
						No. 28, July 10, 2024
(a) Except as provided in Rule 1.18(e),
						a person who consults with a lawyer about the possibility of forming a
						client-lawyer relationship with respect to a matter is a "prospective client
						"
(b) Even when no
						client-lawyer relationship ensues, a lawyer who has learned information from a
						prospective client shall not use or reveal that information, except as Rule 1.9
						would permit with respect to information of a former client.
(c) A lawyer subject to
						paragraph (b) shall not represent a client with interests materially adverse to
						those of a prospective client in the same or a substantially related matter if
						the lawyer received information from the prospective client that could be
						significantly harmful to that person in the matter, except as provided in
						paragraph (d). If a lawyer is disqualified from representation under this
						paragraph, no lawyer in a firm with which that lawyer is associated may
						knowingly undertake or continue representation in such a matter, except as
						provided in paragraph (d).
(d) When the lawyer has received
						disqualifying information as defined in paragraph (c), representation is
						permissible if:
(1) both the
						affected client and the prospective client have given informed consent,
						confirmed in writing; or
(2) the lawyer who received the
						information took reasonable measures to avoid exposure to more disqualifying
						information than was reasonably necessary to determine whether to represent the
						prospective client; and
(i)
						the firm acts promptly and reasonably to notify, as appropriate, lawyers and
						nonlawyer personnel within the firm that the personally disqualified lawyer is
						prohibited from participating in the representation of the current
						client;
(ii) the
						firm implements effective screening procedures to prevent the flow of
						information about the matter between the disqualified lawyer and the others in
						the firm;
(iii) the
						disqualified lawyer is apportioned no part of the fee therefrom; and
(iv) written notice is
						promptly given to the prospective client; and
(3) a reasonable lawyer would
						conclude that the law firm will be able to provide competent and diligent
						representation in 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 - Counselor › Section 1200.2.1 - Advisor

Current through Register Vol. 46, No. 28, July 10,
						2024
In representing a client, a lawyer shall
						  exercise independent professional judgment and render candid advice. In
						  rendering advice, a lawyer may refer not only to law but to other
						  considerations such as moral, economic, social, psychological, and political
						  factors that may be relevant to the client's situation.
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 - Counselor › Section 1200.2.3 - Evaluation for use by third persons

Current through Register Vol.
						46, No. 28, July 10, 2024
(a) A lawyer may provide an evaluation
						of a matter affecting a client for the use of someone other than the client if
						the lawyer reasonably believes that making the evaluation is compatible with
						other aspects of the lawyer's relationship with the client.
(b) When the lawyer knows or
						reasonably should know that the evaluation is likely to affect the client's
						interests materially and adversely, the lawyer shall not provide the evaluation
						unless the client gives informed consent.
(c) Unless disclosure is authorized in
						connection with a report of an evaluation, information relating to the
						evaluation is protected by Rule 1.6.
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 - Counselor › Section 1200.2.4 - Lawyer serving as third-party neutral

Current through Register Vol.
						46, No. 28, July 10, 2024
(a) A lawyer serves as a "third-party
						neutral" when the lawyer assists two or more persons who are not clients of the
						lawyer to reach a resolution of a dispute or other matter that has arisen
						between them. Service as a third-party neutral may include service as an
						arbitrator, a mediator or in such other capacity as will enable the lawyer to
						assist the parties to resolve the matter.
(b) A lawyer serving as a third-party
						neutral shall inform unrepresented parties that the lawyer is not representing
						them. When the lawyer knows or reasonably should know that a party does not
						understand the lawyer's role in the matter, the lawyer shall explain the
						difference between the lawyer's role as a third-party neutral and a lawyer's
						role as one who represents a client.
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 - Advocate › Section 1200.3.1 - Non-meritorious claims and contentions

Current through Register Vol.
						46, No. 28, July 10, 2024
(a) A lawyer shall not bring or defend
						a proceeding, or assert or controvert an issue therein, unless there is a basis
						in law and fact for doing so that is not frivolous. A lawyer for the defendant
						in a criminal proceeding or for the respondent in a proceeding that could
						result in incarceration may nevertheless so defend the proceeding as to require
						that every element of the case be established.
(b) A lawyer's conduct is
						"frivolous" for purposes of this Rule if:
(1) the lawyer knowingly advances a
						claim or defense that is unwarranted under existing law, except that the lawyer
						may advance such claim or defense if it can be supported by good faith argument
						for an extension, modification, or reversal of existing law;
(2) the conduct has no
						reasonable purpose other than to delay or prolong the resolution of litigation,
						in violation of Rule 3.2, or serves merely to harass or maliciously injure
						another; or
(3) the
						lawyer knowingly asserts material factual statements that are false.
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 - Advocate › Section 1200.3.2 - Delay of litigation

Current through Register Vol. 46, No. 28,
						July 10, 2024
In representing a client, a lawyer shall
						  not use means that have no substantial purpose other than to delay or prolong
						  the proceeding or to cause needless expense.
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 - Advocate › Section 1200.3.3 - Conduct before a tribunal

Current through Register Vol. 46, No. 28,
						July 10, 2024
(a) A lawyer shall not knowingly:
(1) make a false statement of
						fact or law to a tribunal or fail to correct a false statement of material fact
						or law previously made to the tribunal by the lawyer;
(2) fail to disclose to the
						tribunal controlling legal authority known to the lawyer to be directly adverse
						to the position of the client and not disclosed by opposing counsel;
						or
(3) offer or use
						evidence that the lawyer knows to be false. If a lawyer, the lawyer's client,
						or a witness called by the lawyer has offered material evidence and the lawyer
						comes to know of its falsity, the lawyer shall take reasonable remedial
						measures, including, if necessary, disclosure to the tribunal. A lawyer may
						refuse to offer evidence, other than the testimony of a defendant in a criminal
						matter, that the lawyer reasonably believes is false.
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 - Advocate › Section 1200.3.4 - Fairness to opposing party and counsel

Current through Register
						Vol. 46, No. 28, July 10, 2024
A lawyer shall not:
(a)
(1) suppress any evidence that the
						lawyer or the client has a legal obligation to reveal or produce;
(2) advise or cause a person
						to hide or leave the jurisdiction of a tribunal for the purpose of making the
						person unavailable as a witness therein;
(3) conceal or knowingly fail to
						disclose that which the lawyer is required by law to reveal;
(4) knowingly use perjured
						testimony or false evidence;
(5) participate in the creation or
						preservation of evidence when the lawyer knows or it is obvious that the
						evidence is false; or
(6) knowingly engage in other illegal
						conduct or conduct contrary to 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 - Advocate › Section 1200.3.5 - Maintaining and preserving the Impartiality of tribunals and jurors

Current through Register Vol. 46, No. 28, July 10,
						2024
(a)
						A lawyer shall not:
(1) seek
						to or cause another person to influence a judge, official or employee of a
						tribunal by means prohibited by law or give or lend anything of value to such
						judge, official, or employee of a tribunal when the recipient is prohibited
						from accepting the gift or loan but a lawyer may make a contribution to the
						campaign fund of a candidate for judicial office in conformity with Part 100 of
						the Rules of the Chief Administrator of the Courts;
(2) in an adversarial
						proceeding communicate or cause another person to do so on the lawyer's behalf,
						as to the merits of the matter with a judge or official of a tribunal or an
						employee thereof before whom the matter is pending, except:
(i) in the course of official
						proceedings in the matter;
(ii) in writing, if the lawyer promptly
						delivers a copy of the writing to counsel for other parties and to a party who
						is not represented by a lawyer;
(iii) orally, upon adequate notice to
						counsel for the other parties and to any party who is not represented by a
						lawyer; or
(iv) as
						otherwise authorized by law, or by Part 100 of the Rules of the Chief
						Administrator of the Courts;
(3) seek to or cause another person to
						influence a juror or prospective juror by means prohibited by law;
(4) communicate or cause
						another to communicate with a member of the jury venire from which the jury
						will be selected for the trial of a case or, during the trial of a case, with
						any member of the jury unless authorized to do so by law or court
						order;
(5)
						communicate with a juror or prospective juror after discharge of the jury if:
(i) the communication is
						prohibited by law or court order;
(ii) the juror has made known to the
						lawyer a desire not to communicate;
(iii) the communication involves
						misrepresentation, coercion, duress or harassment; or
(iv) the communication is an
						attempt to influence the juror's actions in future jury service; or
(6) conduct a
						vexatious or harassing investigation of either a member of the venire or a
						juror or, by financial support or otherwise, cause another to do so.
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 - Advocate › Section 1200.3.6 - Trial publicity

Current through Register Vol. 46, No. 28,
						July 10, 2024
(a) A lawyer who is participating in or
						has participated in a criminal or civil matter shall not make an extrajudicial
						statement that the lawyer knows or reasonably should know will be disseminated
						by means of public communication and will have a substantial likelihood of
						materially prejudicing an adjudicative proceeding in the matter.
(b) A statement ordinarily is
						likely to prejudice materially an adjudicative proceeding when it refers to a
						civil matter triable to a jury, a criminal matter or any other proceeding that
						could result in incarceration, and the statement relates to:
(1) the character,
						credibility, reputation or criminal record of a party, suspect in a criminal
						investigation or witness, or the identity of a witness or the expected
						testimony of a party or witness;
(2) in a criminal matter that could
						result in incarceration, the possibility of a plea of guilty to the offense or
						the existence or contents of any confession, admission or statement given by a
						defendant or suspect, or that person's refusal or failure to make a
						statement;
(3) the
						performance or results of any examination or test, or the refusal or failure of
						a person to submit to an examination or test, or the identity or nature of
						physical evidence expected to be presented;
(4) any opinion as to the guilt or
						innocence of a defendant or suspect in a criminal matter that could result in
						incarceration;
(5)
						information the lawyer knows or reasonably should know is likely to be
						inadmissible as evidence in a trial and would, if disclosed, create a
						substantial risk of prejudicing an impartial trial; or
(6) the fact that a defendant
						has been charged with a crime, unless there is included therein a statement
						explaining that the charge is merely an accusation and that the defendant is
						presumed innocent until and unless proven guilty.
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 - Advocate › Section 1200.3.7 - Lawyer as witness

Current through Register Vol. 46, No. 28,
						July 10, 2024
(a) A lawyer shall not act as advocate
						before a tribunal in a matter in which the lawyer is likely to be a witness on
						a significant issue of fact unless:
(1) the testimony relates solely to an
						uncontested issue;
(2) the testimony relates solely to the
						nature and value of legal services rendered in the matter;
(3) disqualification of the
						lawyer would work substantial hardship on the client;
(4) the testimony will relate
						solely to a matter of formality, and there is no reason to believe that
						substantial evidence will be offered in opposition to the testimony;
						or
(5) the testimony
						is authorized by the tribunal.
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 - Advocate › Section 1200.3.8 - Special responsibilities of prosecutors and other government lawyers

Current through Register Vol. 46, No. 28, July 10,
						2024
(a)
						A prosecutor or other government lawyer shall not institute, cause to be
						instituted or maintain a criminal charge when the prosecutor or other
						government lawyer knows or it is obvious that the charge is not supported by
						probable cause.
(b)
						A prosecutor or other government lawyer in criminal litigation shall make
						timely disclosure to counsel for the defendant or to a defendant who has no
						counsel of the existence of evidence or information known to the prosecutor or
						other government lawyer that tends to negate the guilt of the accused, mitigate
						the degree of the offense, or reduce the sentence, except when relieved of this
						responsibility by a protective order of a tribunal.
(c) When a prosecutor knows of
						new, credible and material evidence creating a reasonable likelihood that a
						convicted defendant did not commit an offense of which the defendant was
						convicted, the prosecutor shall within a reasonable time:
(1) disclose that evidence to
						an appropriate court or prosecutor's office; or
(2) if the conviction was
						obtained by that prosecutor's office;
(i) notify the appropriate court and
						the defendant that the prosecutor's office possesses such evidence unless a
						court authorizes delay for good cause shown;
(ii) disclose that evidence to the
						defendant unless the disclosure would interfere with an ongoing investigation
						or endanger the safety of a witness or other person, and a court authorizes
						delay for good cause shown; and
(iii) undertake or make reasonable
						efforts to cause to be undertaken such further inquiry or investigation as may
						be necessary to provide a reasonable belief that the conviction should or
						should not be set aside.
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 - Advocate › Section 1200.3.9 - Advocate in non-adjudicative matters

Current through Register
						Vol. 46, No. 28, July 10, 2024
(a) A lawyer communicating in a
						representative capacity with a legislative body or administrative agency in
						connection with a pending non-adjudicative matter or proceeding shall disclose
						that the appearance is in a representative capacity, except when the lawyer
						seeks information from an agency that is available to the public.
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 - Transactions with Persons other than Clients › Section 1200.4.1 - Truthfulness in statements to others

Current through Register Vol.
						46, No. 28, July 10, 2024
In the course of representing a client,
						  a lawyer shall not knowingly make a false statement of fact or law to a third
						  person.
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 - Transactions with Persons other than Clients › Section 1200.4.2 - Communication with person represented by counsel

Current through
						Register Vol. 46, No. 28, July 10, 2024
(a) In representing a client,
						a lawyer shall not communicate or cause another to communicate about the
						subject of the representation with a party the lawyer knows to be represented
						by another lawyer in the matter, unless the lawyer has the prior consent of the
						other lawyer or is authorized to do so by law.
(b) Notwithstanding the
						prohibitions of paragraph (a), and unless otherwise prohibited by law, a lawyer
						may cause a client to communicate with a represented person unless the
						represented person is not legally competent, and may counsel the client with
						respect to those communications, provided the lawyer gives reasonable advance
						notice to the represented person's counsel that such communications will be
						taking place.
(c) A
						lawyer who is acting pro se or is represented by counsel in a matter is subject
						to paragraph (a), but may communicate with a represented person, unless
						otherwise prohibited by law and unless the represented person is not legally
						competent, provided the lawyer or the lawyer's counsel gives reasonable advance
						notice to the represented person's counsel that such communications will be
						taking place.
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 - Transactions with Persons other than Clients › Section 1200.4.3 - Communicating with unrepresented persons

Current through Register
						Vol. 46, No. 28, July 10, 2024
In communicating on behalf of a client
						  with a person who is not represented by counsel, a lawyer shall not state or
						  imply that the lawyer is disinterested. When the lawyer knows or reasonably
						  should know that the unrepresented person misunderstands the lawyer's role in
						  the matter, the lawyer shall make reasonable efforts to correct the
						  misunderstanding. The lawyer shall not give legal advice to an unrepresented
						  person other than the advice to secure counsel if the lawyer knows or
						  reasonably should know that the interests of such person are or have a
						  reasonable possibility of being in conflict with the interests of the
						  client.
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 - Transactions with Persons other than Clients › Section 1200.4.4 - Respect for rights of third persons

Current through Register Vol.
						46, No. 28, July 10, 2024
(a) In representing a client, a lawyer
						shall not use means that have no substantial purpose other than to embarrass or
						harm a third person or use methods of obtaining evidence that violate the legal
						rights of such a person.
(b) A lawyer who receives a document,
						electronically stored information, or other writing relating to the
						representation of the lawyer's client and knows or reasonably should know that
						it was inadvertently sent shall promptly notify the sender.
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 - Transactions with Persons other than Clients › Section 1200.4.5 - Communication after incidents involving personal injury or wrongful death

Current through Register Vol. 46, No. 28, July 10,
						2024
(a)
						In the event of a specific incident involving potential claims for personal
						injury or wrongful death, no unsolicited communication shall be made to an
						individual injured in the incident or to a family member or legal
						representative of such an individual, by a lawyer or law firm, or by any
						associate, agent, employee or other representative of a lawyer or law firm
						representing actual or potential defendants or entities that may defend and/or
						indemnify said defendants, before the 30th day after the date of the incident,
						unless a filing must be made within 30 days of the incident as a legal
						prerequisite to the particular claim, in which case no unsolicited
						communication shall be made before the 15th day after the date of the
						incident.
(b) An
						unsolicited communication by a lawyer or law firm, seeking to represent an
						injured individual or the legal representative thereof under the circumstance
						described in paragraph (a) shall comply with Rule 7.3(e).
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 - Law Firms and Associations › Section 1200.5.1 - Responsibilities of law firms, partners, managers and supervisory lawyers

Current through Register Vol. 46, No. 28, July 10,
						2024
(a)
						A law firm shall make reasonable efforts to ensure that all lawyers in the firm
						conform to these Rules.
(b)
(1) A lawyer with management
						responsibility in a law firm shall make reasonable efforts to ensure that other
						lawyers in the law firm conform to these Rules.
(2) A lawyer with direct
						supervisory authority over another lawyer shall make reasonable efforts to
						ensure that the supervised lawyer conforms to 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 - Law Firms and Associations › Section 1200.5.2 - Responsibilities of a subordinate lawyer

Current through Register Vol.
						46, No. 28, July 10, 2024
(a) A lawyer is bound by these Rules
						notwithstanding that the lawyer acted at the direction of another
						person.
(b) A
						subordinate lawyer does not violate these Rules if that lawyer acts in
						accordance with a supervisory lawyer's reasonable resolution of an arguable
						question of professional duty.
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 - Law Firms and Associations › Section 1200.5.3 - Lawyer's responsibility for conduct of nonlawyers

Current
						through Register Vol. 46, No. 28, July 10, 2024
(a) A law firm shall ensure
						that the work of nonlawyers who work for the firm is adequately supervised, as
						appropriate. A lawyer with direct supervisory authority over a nonlawyer shall
						adequately supervise the work of the nonlawyer, as appropriate. In either case,
						the degree of supervision required is that which is reasonable under the
						circumstances, taking into account factors such as the experience of the person
						whose work is being supervised, the amount of work involved in a particular
						matter and the likelihood that ethical problems might arise in the course of
						working on the matter.
(b) A lawyer shall be responsible for
						conduct of a nonlawyer employed or retained by or associated with the lawyer
						that would be a violation of these Rules if engaged in by a lawyer, if:
(1) the lawyer orders or
						directs the specific conduct or, with knowledge of the specific conduct,
						ratifies it; or
(2)
						the lawyer is a partner in a law firm or is a lawyer who individually or
						together with other lawyers possesses comparable managerial responsibility in a
						law firm in which the nonlawyer is employed or is a lawyer who has supervisory
						authority over the nonlawyer; and
(i) knows of such conduct at a time
						when it could be prevented or its consequences avoided or mitigated but fails
						to take reasonable remedial action; or
(ii) in the exercise of reasonable
						management or supervisory authority should have known of the conduct so that
						reasonable remedial action could have been taken at a time when the
						consequences of the conduct could have been avoided or mitigated.
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 - Law Firms and Associations › Section 1200.5.4 - Professional independence of a lawyer

Current through Register
						Vol. 46, No. 28, July 10, 2024
(a) A lawyer or law firm shall not
						share legal fees with a nonlawyer, except that:
(1) an agreement by a lawyer with the
						lawyer's firm or another lawyer associated in the firm may provide for the
						payment of money, over a reasonable period of time after the lawyer's death, to
						the lawyer's estate or to one or more specified persons;
(2) a lawyer who undertakes to
						complete unfinished legal business of a deceased lawyer may pay to the estate
						of the deceased lawyer that portion of the total compensation that fairly
						represents the services rendered by the deceased lawyer; and
(3) a lawyer or law firm may
						compensate a nonlawyer employee or include a nonlawyer employee in a retirement
						plan based in whole or in part on a profit-sharing arrangement.
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 - Law Firms and Associations › Section 1200.5.5 - Unauthorized practice of law

Current through Register Vol. 46, No.
						28, July 10, 2024
(a) A lawyer shall not practice law in
						a jurisdiction in violation of the regulation of the legal profession in that
						jurisdiction.
(b) A
						lawyer shall not aid a nonlawyer in the unauthorized practice of 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 - Law Firms and Associations › Section 1200.5.6 - Restrictions on right to practice

Current through Register Vol.
						46, No. 28, July 10, 2024
(a) A lawyer shall not participate in
						offering or making:
(1) a
						partnership, shareholder, operating, employment, or other similar type of
						agreement that restricts the right of a lawyer to practice after termination of
						the relationship, except an agreement concerning benefits upon retirement;
						or
(2) an agreement
						in which a restriction on a lawyer's right to practice is part of the
						settlement of a client controversy.
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 - Law Firms and Associations › Section 1200.5.7 - Responsibilities regarding nonlegal services

Current through Register
						Vol. 46, No. 28, July 10, 2024
(a) With respect to lawyers or law
						firms providing nonlegal services to clients or other persons:
(1) A lawyer or law firm that
						provides nonlegal services to a person that are not distinct from legal
						services being provided to that person by the lawyer or law firm is subject to
						these Rules with respect to the provision of both legal and nonlegal
						services.
(2) A
						lawyer or law firm that provides nonlegal services to a person that are
						distinct from legal services being provided to that person by the lawyer or law
						firm is subject to these Rules with respect to the nonlegal services if the
						person receiving the services could reasonably believe that the nonlegal
						services are the subject of a client-lawyer relationship.
(3) A lawyer or law firm that
						is an owner, controlling party or agent of, or that is otherwise affiliated
						with, an entity that the lawyer or law firm knows to be providing nonlegal
						services to a person is subject to these Rules with respect to the nonlegal
						services if the person receiving the services could reasonably believe that the
						nonlegal services are the subject of a client-lawyer relationship.
(4) For purposes of paragraphs
						(a)(2) and (a)(3), it will be presumed that the person receiving nonlegal
						services believes the services to be the subject of a client-lawyer
						relationship unless the lawyer or law firm has advised the person receiving the
						services in writing that the services are not legal services and that the
						protection of a client-lawyer relationship does not exist with respect to the
						nonlegal services, or if the interest of the lawyer or law firm in the entity
						providing nonlegal services is de minimis.
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 - Public Service › Section 1200.6.1 - Voluntary pro bono service

Current through Register Vol. 46, No.
						28, July 10, 2024
Lawyers are strongly encouraged to
						  provide pro bono legal services to benefit poor persons.
(a) Every lawyer should aspire
						to:
(1) provide at least 50
						hours of pro bono legal services each year to poor persons; and
(2) contribute financially to
						organizations that provide legal services to poor persons. Lawyers should
						aspire to contribute annually in an amount at least equivalent to:
(i) the amount typically
						billed by the lawyer (or the firm with which the lawyer is associated) for one
						hour of time; or
(ii) if the lawyer's work is performed
						on a contingency basis, the amount typically billed by lawyers in the community
						for one hour of time; or
(iii) the amount typically paid by the
						organization employing the lawyer for one hour of the lawyer's time;
						or
(iv) if the
						lawyer is underemployed, an amount not to exceed one-tenth of one percent of
						the lawyer's income.
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 - Public Service › Section 1200.6.3 - Membership in a legal services organization

Current through
						Register Vol. 46, No. 28, July 10, 2024
A lawyer may serve as a director,
						  officer or member of a not-for-profit legal services organization, apart from
						  the law firm in which the lawyer practices, notwithstanding that the
						  organization serves persons having interests that differ from those of a client
						  of the lawyer or the lawyer's firm. The lawyer shall not knowingly participate
						  in a decision or action of the organization:
(a) if participating in the decision or
						action would be incompatible with the lawyer's obligations to a client under
						Rules 1.7 through 1.13; or
(b) where the decision or action could
						have a material adverse effect on the representation of a client of the
						organization whose interests differ from those of a client of the lawyer or the
						lawyer's firm.
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 - Public Service › Section 1200.6.4 - Law reform activities affecting client interests

Current through
						Register Vol. 46, No. 28, July 10, 2024
A lawyer may serve as a director,
						  officer or member of an organization involved in reform of the law or its
						  administration, notwithstanding that the reform may affect the interests of a
						  client of the lawyer. When the lawyer knows that the interests of a client may
						  be materially benefitted by a decision in which the lawyer actively
						  participates, the lawyer shall disclose that fact to the organization, but need
						  not identify the client. In determining the nature and scope of participation
						  in such activities, a lawyer should be mindful of obligations to clients under
						  other Rules, particularly Rule 1.7.
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 - Public Service › Section 1200.6.5 - Participation in limited pro bono legal service programs

Current
						through Register Vol. 46, No. 28, July 10, 2024
(a) A lawyer who, under the
						auspices of a program sponsored by a court, government agency, bar association
						or not-for-profit legal services organization, provides short-term limited
						legal services to a client without expectation by either the lawyer or the
						client that the lawyer will provide continuing representation in the matter:
(1) shall comply with Rules
						1.7, 1.8 and 1.9, concerning restrictions on representations where there are or
						may be conflicts of interest as that term is defined in these Rules, only if
						the lawyer has actual knowledge at the time of commencement of representation
						that the representation of the client involves a conflict of interest;
						and
(2) shall comply
						with Rule 1.10 only if the lawyer has actual knowledge at the time of
						commencement of representation that another lawyer associated with the lawyer
						in a law firm is affected by Rules 1.7, 1.8 and 1.9.
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 - Information About Legal Services › Section 1200.7.1 - Advertising

Current through Register Vol. 46, No. 28, July 10,
						2024
(a)
						A lawyer or law firm shall not use or disseminate or participate in the use or
						dissemination of any advertisement that:
(1) contains statements or claims that
						are false, deceptive or misleading; or
(2) violates a Rule.
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 - Information About Legal Services › Section 1200.7.2 - Payment for referrals

Current through Register Vol. 46, No. 28,
						July 10, 2024
(a) A lawyer shall not compensate or
						give anything of value to a person or organization to recommend or obtain
						employment by a client, or as a reward for having made a recommendation
						resulting in employment by a client, except that:
(1) a lawyer or law firm may refer
						clients to a nonlegal professional or nonlegal professional service firm
						pursuant to a contractual relationship with such nonlegal professional or
						nonlegal professional service firm to provide legal and other professional
						services on a systematic and continuing basis as permitted by Rule 5.8,
						provided however that such referral shall not otherwise include any monetary or
						other tangible consideration or reward for such, or the sharing of legal fees;
						and
(2) a lawyer may
						pay the usual and reasonable fees or dues charged by a qualified legal
						assistance organization or referral fees to another lawyer as permitted by Rule
						1.5(g).
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 - Information About Legal Services › Section 1200.7.3 - Solicitation and recommendation of professional employment

Current
						through Register Vol. 46, No. 28, July 10, 2024
(a) A lawyer shall not engage
						in solicitation:
(1) by
						in-person or telephone contact, or by realtime or interactive computer-accessed
						communication unless the recipient is a close friend, relative, former client
						or existing client; or
(2) by any form of communication if:
(i) the communication or
						contact violates Rule 4.5, Rule 7.1(a), or paragraph (e) of this
						Rule;
(ii) the
						recipient has made known to the lawyer a desire not to be solicited by the
						lawyer;
(iii) the
						solicitation involves coercion, duress or harassment;
(iv) the lawyer knows or
						reasonably should know that the age or the physical, emotional or mental state
						of the recipient makes it unlikely that the recipient will be able to exercise
						reasonable judgment in retaining a lawyer; or
(v) the lawyer intends or expects, but
						does not disclose, that the legal services necessary to handle the matter
						competently will be performed primarily by another lawyer who is not affiliated
						with the soliciting lawyer as a partner, associate or of counsel.
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 - Information About Legal Services › Section 1200.7.4 - Identification of practice and specialty

Current through Register
						Vol. 46, No. 28, July 10, 2024
(a) A lawyer or law firm may publicly
						identify one or more areas of law in which the lawyer or the law firm
						practices, or may state that the practice of the lawyer or law firm is limited
						to one or more areas of law, provided that the lawyer or law firm shall not
						state that the lawyer or law firm is a specialist or specializes in a
						particular field of law, except as provided in Rule 7.4(c).
(b) A lawyer admitted to
						engage in patent practice before the United States Patent and Trademark Office
						may use the designation "Patent Attorney" or a substantially similar
						designation.
(c) A
						lawyer may state that the lawyer has been recognized or certified as a
						specialist only as follows:
(1) A lawyer who is certified as a
						specialist in a particular area of law or law practice by a private
						organization approved for that purpose by the American Bar Association may
						state the fact of certification if, in conjunction therewith, the certifying
						organization is identified and the following statement is prominently made:
						"This certification is not granted by any governmental authority."
(2) A lawyer who is certified
						as a specialist in a particular area of law or law practice by the authority
						having jurisdiction over specialization under the laws of another state or
						territory may state the fact of certification if, in conjunction therewith, the
						certifying state or territory is identified and the following statement is
						prominently made: "This certification is not granted by any governmental
						authority within the State of New York."
(3) A statement is prominently made if:
(i) when written, it is
						clearly legible and capable of being read by the average person, and is at
						least two font sizes larger than the largest text used to state the fact of
						certification; and
(ii) when spoken, it is intelligible to
						the average person, and is at a cadence no faster, and a level of audibility no
						lower, than the cadence and level of audibility used to state the fact of
						certification.
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 - Information About Legal Services › Section 1200.7.5 - Professional notices, letterheads, and signs

Current through
						Register Vol. 46, No. 28, July 10, 2024
(a) A lawyer or law firm may use internet web
						sites, professional cards, professional announcement cards, office signs,
						letterheads, or similar professional notices or devices, provided the same do
						not violate these Rules or any statute or court rule.
(b)
(1) A
						lawyer or law firm in private practice shall not practice under:
(i) a false, deceptive, or misleading trade
						name;
(ii) a false, deceptive, or
						misleading domain name; or
(iii) a
						name that is misleading as to the identity of the lawyer or lawyers practicing
						under such name
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 - Maintaining the Integrity of the Profession › Section 1200.8.1 - Candor in the bar admission process

Current through Register Vol.
						46, No. 28, July 10, 2024
(a) A lawyer shall be subject to
						discipline if, in connection with the lawyer's own application for admission to
						the bar previously filed in this state or in any other jurisdiction, or in
						connection with the application of another person for admission to the bar, the
						lawyer knowingly:
(1) has made
						or failed to correct a false statement of material fact; or
(2) has failed to disclose a
						material fact requested in connection with a lawful demand for information from
						an admissions authority.
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 - Maintaining the Integrity of the Profession › Section 1200.8.2 - Judicial officers and candidates

Current through Register Vol.
						46, No. 28, July 10, 2024
(a) A lawyer shall not knowingly make a
						false statement of fact concerning the qualifications, conduct or integrity of
						a judge or other adjudicatory officer or of a candidate for election or
						appointment to judicial office.
(b) A lawyer who is a candidate for
						judicial office shall comply with the applicable provisions of Part 100 of the
						Rules of the Chief Administrator of the Courts.
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 - Maintaining the Integrity of the Profession › Section 1200.8.3 - Reporting professional misconduct

Current through Register Vol.
						46, No. 28, July 10, 2024
(a) A lawyer who knows that another
						lawyer has committed a violation of the Rules of Professional Conduct that
						raises a substantial question as to that lawyer's honesty, trustworthiness or
						fitness as a lawyer shall report such knowledge to a tribunal or other
						authority empowered to investigate or act upon such violation.
(b) A lawyer who possesses
						knowledge or evidence concerning another lawyer or a judge shall not fail to
						respond to a lawful demand for information from a tribunal or other authority
						empowered to investigate or act upon such conduct.
(c) This Rule does not require
						disclosure of:
(1) information
						otherwise protected by Rule 1.6; or
(2) information gained by a lawyer or
						judge while participating in a bona fide lawyer assistance program.
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 - Maintaining the Integrity of the Profession › Section 1200.8.4 - Misconduct

Current through Register Vol. 46, No. 28,
						July 10, 2024
A lawyer or law firm shall not:
(a) violate or attempt to
						violate the Rules of Professional Conduct, knowingly assist or induce another
						to do so, or do so through the acts of another;
(b) engage in illegal conduct
						that adversely reflects on the lawyer's honesty, trustworthiness or fitness as
						a lawyer;
(c) engage
						in conduct involving dishonesty, fraud, deceit or misrepresentation;
(d) engage in conduct that is
						prejudicial to the administration of justice;
(e) state or imply an ability:
(1) to influence improperly or
						upon irrelevant grounds any tribunal, legislative body or public official;
						or
(2) to achieve
						results using means that violate these Rules or other law;