• New York: This is Not an April fool's Trick - New Ethics Rules Starting Wednesday
  • April 28, 2009 | Author: David A. Sorensen
  • Law Firm: Hinshaw & Culbertson LLP - Chicago Office
  • As your diligent guides here at The EQ previously reported on this blawg, a new code of conduct for New York attorneys takes effect Wednesday. For the most part the standards will not be much changed, with about 75% still derived from the current state code. About 25% comes directly from the ABA’s Model Rules, or are slightly modified versions of ABA rules.

    Out of state lawyers practicing in New York will welcome the more familiar format, since New York has adopted the numbering and titling sequences of the ABA’s Model Rules of Professional Conduct, already a staple (in whole or in part) in 48 other states since their creation by the ABA in 1983.

    Search back to our prior post for more discussion about how the new rules have changed in New York. One important revision mandates conflict waivers must be the product of informed consent confirmed in writing. Another is that a lawyer is now required to disclose a false representation by a client, either intentional or unintentional, to the court in any criminal or civil matter. A good place to start (or if you read nothing else, read this) is Rule 1.0 on terminology.