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Practice Management and the New York Rules of Professional
Conduct
Find out how the new rules affect your practice
2.0 TOTAL MCLE ETHICS CREDITS
On April 1, 2009, the New York Rules of Professional Conduct will
replace the existing Disciplinary Rules. In addition to adoption of ABA
Model Rules Format, the new rules bring changes that affect the manner
in which you manage your law firm or practice on your own. Learn
the overall format of the newly enacted Rules and how the Rules:
• Significantly change the manner in which a conflict of interest
should be analyzed and resolved;
• Alter the existing rules on the relationship between attorney
and client and the allocation of authority in the attorney client
relationship;
• Impact upon the current letters of engagement rules and
the circumstances under which attorneys may agree to a division of
fees;
• Set forth the attorney's responsibilities and duties to
prospective clients who have not engaged the attorney;
• Affect the current definitions of attorney-client
communications;
• Delineate the role of an attorney when dealing with a client of
diminished capacity;
• Permit, under certain circumstances,evaluations to one other
than the client;
• Define the role of the lawyer as a third party neutral;
• Specify an attorney's obligations before a tribunal;
• Expand an attorney's obligation in speaking with unrepresented
parties;
• Include direction on the inadvertent receipt of documents and
respect for the rights of third persons; and
• Set forth aspirational goals for pro bono service.
Program Faculty
Professor Gary Munneke (Moderator)
Pace University School of Law
—White Plains
Marian Rice, Esq.
L'Abbate Balkan Colavita & Contini, L.L.P
—Garden City
Thomas O. Rice, Esq.
Albanese & Albanese LLP
—Garden City
Sponsored by the Law Practice Management Committee and the Committee on
Continuing Legal Education of the New York State Bar Association
Recorded Tuesday, February 24, 2009
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