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Contact: Jon Sullivan
Manager,
Media Services & Public Affairs
jsullivan@nysba.org
518/487-5532
November 6, 2007
NYSBA Completes Five-Year Study on Rules for
Attorneys
Findings Are to be Forwarded to Presiding Justices
of the Appellate Division for Final Adoption
Following an exhaustive, five-year
study of the rules governing lawyers’
ethics by the New York State Bar Association’s
Committee on the Standards of Attorney Conduct , the Association’s House of
Delegates (the policy making body
of the association) has
formally approved the final proposed set of Rules of Professional
Conduct and authorized their transmittal to the Presiding Justices of the Appellate Division
for their review and adoption in place of the existing Code of
Professional Responsibility. The
proposed rules are not effective until adopted by the Appellate Division
of the State Supreme Court, which has historically given significant
weight to the recommendations of the Bar Association in determining the
rules for attorney conduct in New
York State.
The proposals being put forth by
the Bar Association include the adoption of the format of the American
Bar Association’s Model Rules of Professional
Conduct.
“We are proud of the
comprehensive and collaborative process undertaken by our Committee on
Standards of Attorney Conduct, chaired by NYSBA Past President Steven C.
Krane (Proskauer Rose LLP), in consultation with NYSBA committees and
sections, particularly the Committee on Professional Ethics, the
Committee on Legal Aid, as well as the local bars, especially the New
York County Lawyers’ Association and the New York City Bar,”
said New York State Bar Association President Kathryn Grant Madigan
(Levene Gouldin & Thompson LLP). “This was a massive
undertaking, which succeeded in large measure due to the extraordinary
expertise of the members. They also exhibited an ability to work
cooperatively with opposing views, thus achieving a consensus on some of
the more contentious issues relating to confidentiality of information,
conflicts of interest and special
duties of criminal prosecutors.”
“We look forward to assisting the
Presiding Justices in their consideration of the proposed Rules and
Comments, as we believe that the model rule format, which will carry
forward much of the substance of the current Code of Professional
Responsibility, will enable lawyers here in New York State, and beyond
our borders to have clear and accessible ethical guidance so essential
in maintaining the highest levels of ethics and
professionalism.”
Steven C. Krane, Chair of the Committee
on the Standards of Attorney Conduct said that the rules are designed to
provide assistance to attorneys in terms of understanding their
responsibilities to clients, and to the profession.
“The new rules, when adopted,
will infuse an increased sense of clarity and consistency
for New Yorklawyers. Among other things,
there will be greater guidance for dealing with current, former and
prospective clients,” Mr. Krane said. “We believe that these
standards are appropriate and achievable and are prepared to work with
the Presiding Justices of the Appellate Division, as we have in the
past, to answer any questions they have in making their decision on
whether to adopt these rules.”
A complete copy of the rules
adopted by the Bar Association’s House of Delegates will be made
available on the Association website at www.nysba.org/cosacreport.
The 72,000-member New York State
Bar Association, founded in 1876, is the official statewide organization
of lawyers in New
Yorkand the largest
voluntary state bar association in the nation. NYSBA programs and
activities have continuously served the public and improved the justice
system for more than 130 years.
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