Tuesday, February 19, 2019
CLARIFICATION ON STATEMENT OF CLIENT'S RIGHTS AND RESPONSIBILITIES
As reported on February 15, effective that date, the "Statement of Client's Rights and Responsibilities" has been revised (22 NYCRR § 1400.2) for matrimonial actions only. 22 NYCRR § 1400 is for matrimonial actions only. "Section 1400.1. Application. This Part shall apply to all attorneys who, on or after November 30, 1993, undertake to represent a client in a claim, action or proceeding, or preliminary to the filing of a claim, action or proceeding, in either Supreme Court or Family Court, or in any court of appellate jurisdiction, for divorce, separation, annulment, custody, visitation, maintenance, child support, or alimony, or to enforce or modify a judgment or order in connection with any such claims, actions or proceedings. This Part shall not apply to attorneys representing clients without compensation paid by the client, except that where a client is other than a minor, the provisions of section 1400.2 of this Part shall apply to the extent they are not applicable to compensation."
As noted by an anonymous comment to the prior post "The general statement of client rights (22 NYCRR 1210.1) has not changed. It was last changed in 2018 to prohibit discrimination based on gender identity/expression." However, the current form on the New York State Bar Association site does not contain this correction (see https://www.nysba.org/WorkArea/DownloadAsset.aspx?id=27830); thus it would be suggested that anyone utilizing that form insert on paragraph 10 after "sexual orientation" and prior to "age" the words "gender identity, gender expression"
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