Anthony E. Davis Proposed New Procedures for Lawyers Leaving Law Firms
The proposed RPC 5.9 is completely new and would not replace any existing rule. It addresses two sometimes related—but nevertheless separate—subjects, procedures for lawyers leaving firms, and procedures for dissolving law firms.
April 05, 2022 at 12:00 PM
11 minute read
Legal Ethics and Attorney DisciplineIn this article we examine the proposed new Rule of Professional Conduct (RPC) 5.9 drafted and approved by the New York State Bar Association's Committee on Standards of Attorney Conduct (COSAC). In the normal course, this would now go to the House of Delegates before being presented (if adopted there) to the courts for adoption into New York's RPCs. However, in a most unusual intramural disagreement, the New York State Bar Association's very own Committee on Professional Ethics (the Committee) issued a report on March 16, 2022 opposing the adoption of the proposed rule. We will review the proposed rule and broadly consider its merits in the light of the Committee's opposition.
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