NY Prof Resp - General Matters and Regulation of Lawyers Flashcards
Where are the rules governing the conduct of NY Attorneys found?
The New York Rules of Professional Conduct
Complaints involving a NY Attorney’s conduct are investigated by who?
A grievance committee in one of the 4 departments of the Appellate Division
What are the 4 types of Discipline that can be imposed on a NY Attorney?
APSD - Attorney Punishment Sound Dark
1) ADMONITION - like a slap on the wrist, e.g. “you did something wrong, don’t do it again.”
2) PUBLIC or PRIVATE CENSURE - courts have to impose his, so you go to grievance committee, they say, what you did was wrong but this was serious so we are referring you to appellate division
3) SUSPENSION - also imposed by courts, temporary revocation of atty’s right to practice
4) DISBARMENT - also imposed by courts, permanent revocation of an atty’s license
REGULATION AFTER ADMISSION: Self-regulating profession, with TWO-PRONGED DUTY when you know of another lawyer’s violation of the rules that raises a “substantial question” as to the lawyer’s “honesty, trustworthiness or fitness as a lawyer:
(1) must report knowledge of the violation to a grievance committee or court
(2) cooperate in the investigation
What if there is a conflict between learning of a lawyer’s Rule violation during the representation of a client, and the duty of confidentiality?
Confidentiality of Client Wins
Where a lawyer learns of another lawyer’s Rule violation during the representation of a client, the duty of confidentiality to the client will trump the duty to report the misconduct to the bar and the lawyer may not reveal the information without the client’s consent
Rules for Multi-Jurisdictional Practice (i.e. for NY lawyers licensed in more than one state)
Discipline imposed upon the lawyer by another state permits NY to impose RECIPRICAL DISCIPLINE for the same misconduct.
A lawyer admitted in NY state can be disciplined by NY’s disciplinary authority for any misconduct, no matter where it occurs. A NY lawyer can be subject to the disciplinary authority of both NY and another state for the same misconduct.
CHOICE OF LAW in Disciplinary Matters
If the conduct occurred in connection with a proceeding before a tribunal in which the lawyer was admitted (either generally or “pro hac vice” - ie “for one case”), then the RULES OF THE JURISDICTION in which the court sits govern the lawyer’s conduct
For conduct other than court room practice, such as in a transactional matter what rules govern lawyer’s conduct?
NY’s rules will govern if the lawyer is only admitted in NY. IF the lawyer is admitted in NY and another state, the rules of the state in which the lawyer PRINCIPALLY PRACTICES will apply unless the conduct’s PREDOMINANT EFFECT is in another state, in which case that OTHER state’s rules will apply
RESTRICTIONS ON LAWYERS:
A lawyer shall not aid a non-lawyer in the unauthorized practice of law
NOTE: if you are admitted in NY and help a LAWYER who is not licensed in NY to practice in NY, it is the same as if you had helped a non-lawyer practice
RESTRICTIONS ON LAWYERS
A lawyer shall not enter into a partnership, employment, or similar type agreement that restricts the right of the lawyer to practice after termination of the relationship- WHAT IS AN EXCEPTION TO THIS RULE
there is an exception for an agreement concerning benefits on retirement
e.g. “connors, if you practice law in NYC for the next 5 years, you lose your retirement benefits.”
RESTRICTIONS ON LAWYERS
A lawyer may not participate in the settlement of a client’s matter that restricts the lawyer’s right to practice in the future
e.g. A lawyer may not agree to settle the client’s products liability claim against Toyota for $1 million if the settlement requires the lawyer to refrain from bringing any future actions against Toyota on behalf of other clients
