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 - Terminology › Section 1200.1.0 - Terminology

Current through Register Vol. 46, No. 28, July 10,
						2024
(a)
						"Advertisement" means any public or private communication made by or on behalf
						of a lawyer or law firm about that lawyer or law firm's services, the primary
						purpose of which is for the retention of the lawyer or law firm. It does not
						include communications to existing clients or other lawyers.
(b) "Belief" or "believes"
						denotes that the person involved actually believes the fact in question to be
						true. A person's belief may be inferred from circumstances.
(c) "Computer-accessed
						communication" means any communication made by or on behalf of a lawyer or law
						firm that is disseminated through the use of a computer or related electronic
						device, including, but not limited to, web sites, weblogs, search engines,
						electronic mail, banner advertisements, pop-up and pop-under advertisements,
						chat rooms, list servers, instant messaging, or other internet presences, and
						any attachments or links related thereto.
(d) "Confidential information" is
						defined in Rule 1.6.
(e) "Confirmed in writing" denotes (i)
						a writing from the person to the lawyer confirming that the person has given
						consent, (ii) a writing that the lawyer promptly transmits to the person
						confirming the person's oral consent, or (iii) a statement by the person made
						on the record of any proceeding before a tribunal. If it is not feasible to
						obtain or transmit the writing at the time the person gives oral consent, then
						the lawyer must obtain or transmit it within a reasonable time
						thereafter.
(f)
						"Differing interests" include every interest that will adversely affect either
						the judgment or the loyalty of a lawyer to a client, whether it be a
						conflicting, inconsistent, diverse, or other interest.
(g) "Domestic relations
						matters" denotes representation of a client in a claim, action or proceeding,
						or preliminary to the filing of a claim, action or proceeding, in either
						Supreme Court or Family Court, or in any court of appellate jurisdiction, for
						divorce, separation, annulment, custody, visitation, maintenance, child
						support, or alimony, or to enforce or modify a judgment or order in connection
						with any such claim, action or proceeding.
(h) "Firm" or "law firm" includes, but
						is not limited to, a lawyer or lawyers in a law partnership, professional
						corporation, sole proprietorship or other association authorized to practice
						law; or lawyers employed in a qualified legal assistance organization, a
						government law office, or the legal department of a corporation or other
						organization.
(i)
						"Fraud" or "fraudulent" denotes conduct that is fraudulent under the
						substantive or procedural law of the applicable jurisdiction or has a purpose
						to deceive, provided that it does not include conduct that, although
						characterized as fraudulent by statute or administrative rule, lacks an element
						of scienter, deceit, intent to mislead, or knowing failure to correct
						misrepresentations that can be reasonably expected to induce detrimental
						reliance by another.
(j) "Informed consent" denotes the
						agreement by a person to a proposed course of conduct after the lawyer has
						communicated information adequate for the person to make an informed decision,
						and after the lawyer has adequately explained to the person the material risks
						of the proposed course of conduct and reasonably available
						alternatives.
(k)
						"Knowingly," "known," "know," or "knows" denotes actual knowledge of the fact
						in question. A person's knowledge may be inferred from circumstances.
(l) "Matter" includes any
						litigation, judicial or administrative proceeding, case, claim, application,
						request for a ruling or other determination, contract, controversy,
						investigation, charge, accusation, arrest, negotiation, arbitration, mediation
						or any other representation involving a specific party or parties.
(m) "Partner" denotes a member
						of a partnership, a shareholder in a law firm organized as a professional legal
						corporation or a member of an association authorized to practice law.
(n) "Person" includes an
						individual, a corporation, an association, a trust, a partnership, and any
						other organization or entity.
(o) "Professional legal corporation"
						means a corporation, or an association treated as a corporation, authorized by
						law to practice law for profit.
(p) "Qualified legal assistance
						organization" means an office or organization of one of the four types listed
						in Rule 7.2(b)(1)-(4) that meets all of the requirements thereof.
(q) "Reasonable" or
						"reasonably," when used in relation to conduct by a lawyer, denotes the conduct
						of a reasonably prudent and competent lawyer. When used in the context of
						conflict of interest determinations, "reasonable lawyer" denotes a lawyer
						acting from the perspective of a reasonably prudent and competent lawyer who is
						personally disinterested in commencing or continuing the
						representation.
(r)
						"Reasonable belief" or "reasonably believes," when used in reference to a
						lawyer, denotes that the lawyer believes the matter in question and that the
						circumstances are such that the belief is reasonable.
(s) "Reasonably should know,"
						when used in reference to a lawyer, denotes that a lawyer of reasonable
						prudence and competence would ascertain the matter in question.
(t) "Screened" or "screening"
						denotes the isolation of a lawyer from any participation in a matter through
						the timely imposition of procedures within a firm that are reasonably adequate
						under the circumstances to protect information that the isolated lawyer or the
						firm is obligated to protect under these Rules or other law.
(u) "Sexual relations" denotes
						sexual intercourse or the touching of an intimate part of the lawyer or another
						person for the purpose of sexual arousal, sexual gratification or sexual
						abuse.
(v) "State"
						includes the District of Columbia, Puerto Rico, and other federal territories
						and possessions.
(w)
						"Tribunal" denotes a court, an arbitrator in an arbitration proceeding or a
						legislative body, administrative agency or other body acting in an adjudicative
						capacity. A legislative body, administrative agency or other body acts in an
						adjudicative capacity when a neutral official, after the presentation of
						evidence or legal argument by a party or parties, will render a legal judgment
						directly affecting a party's interests in a particular matter.
(x) ''Writing'' or ''written''
						denotes a tangible or electronic record of a communication or representation,
						including handwriting, typewriting, printing, photocopying, photography, audio
						or video recording, e-mail or other electronic communication or any other form
						of recorded communication or recorded representation. A ''signed'' writing
						includes an electric sound, symbol or process attached to or logically
						associated with a writing and executed or adopted by a person with the intent
						to sign the writing.