New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 691 - Conduct Of Attorneys › Section 691.10 - Conduct of disbarred, suspended or resigned attorneys; abandonment of practice by attorney

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) Compliance with Judiciary Law.
						  Disbarred, suspended or resigned attorneys-at-law shall comply fully and
						  completely with the letter and spirit of sections
						  478,
						  479,
						  484 and
						  486 of the
						  Judiciary Law relating to practicing as attorneys-at-law without being admitted
						  and registered, and soliciting of business on behalf of an attorney-at-law and
						  the practice of law by an attorney who has been disbarred, suspended or
						  convicted of a felony.
(b) Compensation. A disbarred,
						  suspended or resigned attorney may not share in any fee for legal services
						  performed by another attorney during the period of his removal from the bar. A
						  disbarred, suspended or resigned attorney may be compensated on a quantum
						  meruit basis for legal services rendered and disbursements incurred by him
						  prior to the effective date of the disbarment or suspension order or of his
						  resignation. The amount and manner of payment of such compensation and
						  recoverable disbursements shall be fixed by the court on the application of
						  either the disbarred, suspended or resigned attorney or the new attorney, on
						  notice to the other as well as on notice to the client. Such applications shall
						  be made at special term in the court wherein the action is pending or at
						  special term in the Supreme Court in the county wherein the moving attorney
						  maintains his office if an action has not been commenced. In no event shall the
						  combined legal fees exceed the amount the client would have been required to
						  pay had no substitution of attorneys been required.
(c) Notice to clients not
						  involved in litigation. A disbarred, suspended or resigned attorney shall
						  promptly notify, by registered or certified mail, return receipt requested, all
						  clients being represented in pending matters, other than litigated or
						  administrative matters or proceedings pending in any court or agency, of his
						  disbarment, suspension or resignation and his consequent inability to act as an
						  attorney after the effective date of his disbarment, suspension or resignation
						  and shall advise said clients to seek legal advice elsewhere.
(d) Notice to clients involved
						  in litigation.
(1) A
						  disbarred, suspended or resigned attorney shall promptly notify, by registered
						  or certified mail, return receipt requested, each of his clients who is
						  involved in litigated matters or administrative proceedings, and the attorney
						  or attorneys for each adverse party in such matter or proceeding, of his
						  disbarment, suspension or resignation and consequent inability to act as an
						  attorney after the effective date of his disbarment, suspension or resignation.
						  The notice to be given to the client shall advise of the prompt substitution of
						  another attorney or attorneys in his place.
(2) In the event the client does not
						  obtain substitute counsel before the effective date of the disbarment,
						  suspension or resignation, it shall be the responsibility of the disbarred,
						  suspended or resigned attorney to move pro se in the court in which the action
						  is pending, or before the body in which an administrative proceeding is
						  pending, for leave to withdraw from the action or proceeding.
(3) The notice given to the
						  attorney or attorneys for an adverse party shall state the place of residence
						  of the client of the disbarred, suspended or resigned attorney. In addition,
						  notice shall be given in like manner to the Office of Court Administration of
						  the State of New York in each case in which a retainer statement has been
						  filed.