New york rules of professional conduct

The New York Rules of Professional Conduct (NYRPC) are the ethical rules that govern the conduct of attorneys licensed to practice law in the state of New York. The NYRPC are promulgated by the New York State Bar Association (NYSBA) and are effective as of April 1, 2009.

The NYRPC are based on the American Bar Association's Model Rules of Professional Conduct (ABA Model Rules) and are designed to promote the integrity, independence, and competence of the legal profession. The rules cover a wide range of topics, including:

1. Duties to clients:
   • Confidentiality and disclosure of information
   • Competence and diligence
   • Communication with clients
   • Fees and expenses
2. Duties to the public:
   • Truthfulness and honesty
   • Avoidance of conflicts of interest
   • Disclosure of conflicts of interest
   • Reporting of misconduct
3. Duties to the legal system:
   • Respect for the law and the legal process
   • Avoidance of obstruction of justice
   • Disclosure of confidential information
4. Duties to other lawyers:
   • Respect for the profession and other lawyers
   • Avoidance of conflicts of interest
   • Disclosure of conflicts of interest
   • Reporting of misconduct

Some of the key provisions of the NYRPC include:

• Rule 1.1: Competence and diligence
  • An attorney must provide competent representation to a client and act with diligence in representing the client's interests.
• Rule 1.4: Communication with clients
  • An attorney must communicate with a client in a timely and effective manner, and must keep a client informed about the status of a matter.
• Rule 1.6: Confidentiality of information
  • An attorney must maintain the confidentiality of information obtained from a client, except as permitted by law or with the client's consent.
• Rule 1.7: Conflict of interest
  • An attorney must avoid representing a client if the representation would be adverse to another client, or if the attorney's own interests would be adverse to the client's interests.
• Rule 1.8: Conflict of interest: specific rules
  • An attorney must comply with specific rules regarding conflicts of interest, including rules regarding business transactions with clients, and representation of multiple clients with adverse interests.
• Rule 3.4: Fairness to opposing party and counsel
  • An attorney must act with fairness and integrity in dealing with opposing parties and counsel, and must not engage in conduct that is abusive or harassing.
• Rule 8.3: Reporting professional misconduct
  • An attorney has a duty to report professional misconduct by another attorney to the appropriate authorities.

The NYRPC are enforced by the New York State Bar Association and the Appellate Divisions of the Supreme Court of New York. Attorneys who violate the NYRPC may be subject to disciplinary action, including suspension or disbarment.