NY State Bar Tells Lawyers: Play Nicely
In an era when politicians and pundits alike are bemoaning society's lack of civility, the New York State Bar Association is announcing today that it has adopted new standards that tell lawyers how they should behave in the sandbox, so to speak. But don't worry: you most likely won't get sanctioned for throwing a temper tantrum.
April 22, 2019 at 10:47 AM
3 minute read
You think it goes without saying that a lawyer should be polite. A lawyer shouldn't pretend he has his client's approval when he doesn't. A lawyer shouldn't impose a deadline on his adversary that is more onerous than necessary.
But in an era when politicians and pundits alike are bemoaning society's lack of civility, the New York State Bar Association is announcing today that it has adopted new standards that tell lawyers how they should behave in the sandbox, so to speak. Don't worry though: You most likely won't get sanctioned for throwing a temper tantrum.
The standards, approved this month by the association's House of Delegates, will be presented to the administrative board of the state court system. If adopted by the administrative board, they will carry more heft but still be aspirational.
“Civility and professionalism increase the effectiveness of the justice system and enhance the public's trust in the legal profession,” said Chief Judge Janet DiFiore in a statement that the state bar association plans to release today. “These updated guidelines, which reflect the growing complexity of modern-day law practice, serve as benchmarks, confirming the honorability of the legal profession.”
The state bar first adopted civility standards in 1997 but they, of course, didn't envision the technology that allows a lawyer to text a reply to another lawyer with lightning speed. They didn't take into account the increasing informality of responding by email in the wee hours of the night. Or the ability to post damaging comments on social media.
“I think that this is a particularly important effort,” said Michael Miller, president of the state bar association. “We live in a time when civility is on the decline and the public discourse has coarsened. Zealous advocacy and civility are not incompatible and we must do everything possible to encourage courtesy and civility in our profession and beyond.”
It took two years to come up with the new standards because some lawyers were concerned about making them too specific and others worried they weren't far-reaching enough, said Andrew Oringer, chair of the Committee on Attorney Professionalism and co-chair of Dechert's ERISA and executive compensation group.
“Their value will be to the extent that they get talked about,” Oringer said. “I hope that they enter the discourse again. That they become reinvigorated and people start to talk about them again. Some courts will look to them for guidance when someone is complaining but that's a really grey area.”
He added, “I'm an ERISA lawyer and to do something for the greater good this is nuts. From my perspective, this is cool. This is amazing.”
The new standards apply to lawyers handling transactions as well as litigators. The previous guidelines were mostly focused on how to behave in court.
Here are the highlights:
- A lawyer should not impose deadlines that are more onerous than necessary or appropriate to achieve legitimate commercial and other client-related outcomes.
- A lawyer should focus on the importance of politeness and decorum, including such elements as the formality of the setting, the sensitivities of those present and the interests of the client.
- A lawyer should be careful not to proceed without proper authorization or otherwise imply that authority from the client has been obtained when such is not the case.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllAlston & Bird Adds M&A, Private Equity Team From McDermott in New York
4 minute readWeil Lures DOJ Antitrust Lawyer, As Government Lateral Moves Pick Up Before Inauguration Day
5 minute readLooking to the Future of the FDA and Its Impact on Drug Regulation in 2025
4 minute readTrending Stories
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250