One might believe that the relationship between an attorney and a client is a simple and uncomplicated matter. One client, one attorney, and a mutually satisfying bond of trust. However, in reality, nothing seems to be further from the truth in the world of New York cooperative and condominium housing. Acting as general counsel to a co-op or condo can be a hazardous road on which to venture. The simple relationship is complicated when the attorney takes on different and additional roles.
Adding to the confusion is the fact that effective April 1, 2009, the New York Rules of Professional Conduct (Rules) replaced the Code of Professional Responsibility (Code), which had governed the conduct of attorneys in New York since 1970. Though the Rules retain many of the features of the old Code, and in fact align New York with most of the United States (since the Rules are based upon the model created by the American Bar Association), there are certain differences between the Rules and the old Code.
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