As of April 1, 2009, critical changes have occurred in New York State which impact the role of in-house counsel and their in-house legal department and the manner in which eDiscovery and document management are handled by the in-house law department. Since 1970, the Code of Professional Responsibility governed in-house counsel. Now, it has been replaced by New York Rules of Professional Conduct which follow the American Bar Association’s Model Rules, which have been adopted in most of the United States.
Under the new Rules, Rule 1.0(h) includes “legal departments in corporations” within the definition of a “law firm.” In light of the Formal Opinion 2008-2 of The Association of the Bar of the City of New York Committee on Professional and Judicial Ethics on Corporate Legal Departments and Conflicts of Interest Between Represented Corporate Subsidiaries and/or Affiliates, it appears that many of the ethical and legal assumptions of lawyers working in-house are out of date.
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