2022 was an eventful year for law firms and law firm partners. First, important amendments were made to the Official Comments to Rules 1.4 and 5.6 of the New York Rules of Professional Conduct. These amendments address lawyer departures, and every law firm partner should know about, and ensure that their firm abides by, these amended comments. Second, a significant New York State Bar Association Opinion, Ethics Opinion 1234, was issued, which addresses nonlawyer ownership of law firms. Third, Epstein v. Cantor, a decision of the Supreme Court, Kings County, examines the indicia of partnership to a law firm partnership. Each of these is discussed in this year’s roundup.

New Comments Concerning Attorney Departures

In our March 2022 column, we discussed the significant November 2021 amendments to the Official Comments to Rule 5.6 of the New York Rules of Professional Conduct (NYRPC). See Arthur J. Ciampi and Maria L. Ciampi, New Comments to Rule 5.6 That Law Firms and Their Partners Should Know, N.Y. Law Journal (March 2022). The amended comments have important ramifications for lawyers contemplating and/or leaving their firms, and thus, for a law firm and its partners.

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