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"

STATEMENT OF CLIENT'S RIGHTS AND RESPONSIBILITIES HAS BEEN REVISED

Effective today, February 15, 2019, the "Statement of Client's Rights and Responsibilities" has been revised. An attorney shall provide a prospective client with a statement of client's rights and responsibilities at the initial conference and prior to the signing of a written retainer agreement. If the attorney is not being paid a fee from the client for the work to be performed on the particular case, the attorney may delete from the statement those provisions dealing with fees. The attorney shall obtain a signed acknowledgment of receipt from the client.

The statement shall be in the form found at this link: Revised Statement of Client's Rights and Responsibilities

MORE RE: STATEMENT OF CLIENT RIGHTS & DUTIES

For those in New York, there is an excellent article on page 15 of the New York State Bar News (July/August 2013) by Mark Mahoney explaining the changes to the Statement of Client's Rights and Statement of Client's Responsibilities.

Note the following:

"Among the changes to the list of 10 client responsibilities are (1) Revised language stating that clients 'should' have a candid relationship with their attorneys, rather than 'must. Earlier language implied that it was unlawful for a client to lie or withhold material information"

Comments or thoughts...especially when that material information is critical to the matter the attorney is handling?

REVISED STATEMENT OF CLIENT'S RIGHTS

Part 1210.1 of the Official Compilation of Codes Rules, and Regulations of the State of New York, containing the the Statement of Clients Rights that must be posted in every law office, was amended effective April 15, 2013. Part 1210.1 now provides:

 

1. You are entitled to be treated with courtesy and consideration at all times by your lawyer and the other lawyers and nonlawyer personnel in your lawyer’s office.

2. You are entitled to have your attorney handle your legal matter competently and diligently, in accordance with the highest standards of the profession. If you are not satisfied with how your matter is being handled, you have the right to discharge your attorney and terminate the attorney-client relationship at any time. (Court approval may be required in some matters, and your attorney may have a claim against you for the value of services rendered to you up to the point of discharge.)

3. You are entitled to your lawyer's independent professional judgment and undivided loyalty uncompromised by conflicts of interest.

4. You are entitled to be charged reasonable fees and expenses and to have your lawyer explain before or within a reasonable time after commencement of the representation how the fees and expenses will be computed and the manner and frequency of billing. You are entitled to request and receive a written itemized bill from your attorney at reasonable intervals. You may refuse to enter into any arrangement for fees and expenses that you find unsatisfactory. In the event of a fee dispute, you may have the right to seek arbitration; your attorney will provide you with the necessary information regarding arbitration in the event of a fee dispute, or upon your request.

5. You are entitled to have your questions and concerns addressed promptly and to receive a prompt rely to your letters, telephone calls, emails, faxes, and other communications.

6. You are entitled to be kept reasonably informed as to the status of your matter and are entitled to have your attorney promptly comply with your reasonable requests for information, including your requests for copies of papers relevant to the matter. You are entitled to sufficient information to allow you to participate meaningfully in the development of your matter and make informed decisions regarding the representation.

 

7. You are entitled to have your legitimate objectives respected by your attorney. In particular, the decision of whether to settle your matter is yours and not your lawyer’s.(Court approval of a settlement is required in some matters.)

8. You have the right to privacy in your communications with your lawyer and to have your confidential information preserved by your lawyer to the extent required by law.

9. You are entitled to have your attorney conduct himself or herself ethically in accordance with the New York Rules of Professional Conduct.

10. You may not be refused representation on the basis of race, creed, color, religion, sex, sexual orientation, age, national origin or disability.