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The New York City Bar Association has urged a panel of the state's top judges to adopt a proposed rule change that would allow attorneys to provide financial assistance to poor clients and those they are working for on a pro bono basis.

The City Bar said in an April 24 letter to the Administrative Board of the Courts that the COVID-19 pandemic had created an "urgent need" to amend state ethics rules, which forbid lawyers from contributing money to litigation clients.

The City Bar's proposal aims to carve out a "humanitarian exception" to Rule 1.8(e) of the New York Rules of Professional Conduct that would allow lawyers, firms and legal services organizations to create a fund to help cover the cost of basic living expenses, like groceries, clothes and medical supplies.

"As the court is well aware, New Yorkers are experiencing severe financial consequences as a result of the COVID-19 pandemic. Thousands of New Yorkers have lost their jobs, been forced to close their businesses, or are unable to work because of illness," the letter said.

"The proposed humanitarian exception to Rule 1.8(e) would allow lawyers to provide much needed financial assistance to those in need during this unprecedented time."

Under the current system, attorneys are permitted to advance court costs and cover litigation expenses for pro bono clients. However, other forms of financial support are expressly prohibited.

The City Bar first proposed the rule change in March 2018, as a part of report by its professional responsibility committee. But the group said that it began fielding calls "almost immediately" after the pandemic hit from lawyers and nonprofit groups, who wanted to provide small amounts of assistance to indigent clients.

For example, the letter said, one organization asked about helping to pay for food and rent in the immigrant communities it served. Another lawyer said that they wanted to contribute to a community restaurant that served low-income residents, but faced potential disciplinary action if they attempted to do so.

The New York State Bar Association, meanwhile, has offered "strong support" for the measure, with limitations that lawyers not be permitted to advertise the assistance or otherwise use it to continue representing clients.

The NYSBA's House of Delegates approved the humanitarian exception at its annual meeting Jan. 31 and forwarded the proposal to the Administrative board, which includes Chief Judge Janet DiFiore and the four presiding justices of the Appellate Division of the state Supreme Court.

"We are therefore urging the Courts to act quickly to approve the humanitarian exception," the letter said.

If the Administrative Board was not prepared to immediately implement a permanent rule change, the City Bar said the judges should consider temporary action lifting the humanitarian exception or to allow financial aid to pro bono clients.

A spokesman for the courts did not immediately respond to a request for comment.

 

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