New York Professional Responsibility - Ny Bar

Front 1

Rules governing conduct of NY attorneys

Back 1

New York Code of Professional Responsibility

Front 2

Structure of the Code

Back 2

Canons- broad statements of ethical norms
Ethical Considerations- aspirational
Disciplinary Rules (DR)- mandatory

Front 3

Complaints invovling a NY attorney's conduct are investigated by

Back 3

Departmental Disciplinary Committee

Front 4

Filing of a Complaint and Hearing (Procedure)

Back 4

Filing of a complaint against a lawyer and hearing are privileged (not public).

Front 5

4 Types of Discipline
(NOTE: client can also bring malpractice claim)

Back 5

1. Letter of Admonition
2. Public Censor by Ct of appeals
3. Suspension
4. Disbarment

Front 6

Have to attend law school for 3 years?

Back 6

No.Can complete 1 year of law school and study law in practice in law office under the supervision of a licensed NY attorney for a TOTAL period of time which equals 4 years

Front 7

Generally, Requirements to be admitted to the bar without bar exam

Back 7

1. ABA law school AND
2. admitted in another state with NY reciprocity
3. practiced law for at least 5 out of last 7 years.

Front 8

Requirement for moral fitness (on applicant)

Back 8

1. Show good moral character and 2. duty to cooperate

Front 9

Duty to report on Bad Applicants

Back 9

Duty to report MORAL TURPITUDE (conduct contrary to justice,nhonesty, modesty or good morals).

Front 10

Regulation after admission

Back 10

1. Regulated by NY Ct of appeals
2. Self regulating profession- when know of DR violation must report unless info is procted as confidential and MUST be available to testify against that lawyer and report what you know (NO ANONYMOUS REPORTING).

Front 11

Practice in another state legally

Back 11

1. Associate w/ local lawyer
2. Pro hoc vice
3. arbitration
4. reasonably related to lawyer's home state practice

Front 12

NY Code of Prof Respon. applies when and where?

Back 12

If NY lawyer- always applies 24/7. IF lawyer in NY AND another state- KEY EFFECT test.

Front 13

Client Decisions

Back 13

Those of substantive legal import.
1. Whether to sue, take appeal, settle.
2. Try this case before a judge or jury.
In crim case- whether D takes the stand is D (client's) decision.

ATTORNEY must abide by the client's wishes unless doing so would be illegal, unethical or immoral.

Front 14

Attorney Decisions

Back 14

Strategy, procedure, and tactic.
1. Depositions
2. Agreeing to continunances (client can veto though based on cost).

Front 15

When duty to report

Back 15

ACTUAL KNOWLEDGE of DR violation

Front 16

What if client looses ability to make a clear decision

Back 16

Get guardian appointed

Front 17

When MUST an attorney seek to withdraw from a representation?

Back 17

1. clients position is frivilous
2. if lawyer becomes physically or mentally impaired
3. If representation would violate a DR (e.g. conflcit arises)
4. If client fires you

Front 18

Attorney caseload

Back 18

Lawyer should take only those cases he or she is competent to handle or encourage client to seek other counsel.

Front 19

Competence (attorney) includes
(PMST)

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1. PHYSICAL and MENTAL competance
2. Know SUBSTANCE of the law
3. Have enough TIME to take a case

Front 20

What is practice of law

Back 20

Anything that requires a license.

Front 21

Hindering a lawyer's future right to practice (non-compete)

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A lawyer may NOT enter into a non-compete agreement or provision with his current patners or associates EXCEPT:
1. retirement with money
2. Departure from a firm with money (must be reasonable non-compete clause).

Front 22

Name of firm- rules

Back 22

NO tradenames. Cant be misleading name.

Front 23

Specialist

Back 23

1. patent, TM, or admeralty
2. certified by private org approved by ABA or NY and states the certifying org not affilated with NY, certification not required to practice and 3. certification does not mean greater competence.

Front 24

If dont say specialist what can you say?

Back 24

"limited to...."
"practices primarily in.."

Front 25

Advertising

Back 25

MAIN RULE: cant have false or misleading staments. (std is false or misleading to any layperson).

Front 26

Lawyer advertising defined

Back 26

Any public or private communication made by or on behalf of a lawyer or law firm about the lawyer or services, the primiary purpose of which is to retain the lawyer or firm.
Exception: communications to existing clients or other lawyers wont be included.

Front 27

Computer accessed communiciations

Back 27

includes any communication made by or on behalf of a lwyer or law firm that is disseminated through tthe use of a computer or other electronic device which includes but is not limited to webistes, weblogs, search engines, email, banner ads, pop up ads, chat rooms, IMs, or other interenet presences. (also list servers)

Front 28

Ads MUST include

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1. name
2. principle legal office address
3. telephone number of lawyer or firm whose services are being offered.

Front 29

Need label on advertising?

Back 29

YES- "attorney advertising" on the first page (or home page in the case of a website).