Attorneys have an ethical obligation to tell their clients if documents such as wills, deeds and negotiable instruments or active case files are destroyed, according to an advisory opinion issued by a committee of the New York City Bar Association.
The city bar’s professional ethics committee issued the opinion after several attorneys contacted the organization to discuss whether they had to tell clients about files destroyed in a warehouse fire earlier this year (NYLJ, Feb. 3; March 4), said committee chairwoman Nicole Hyland, a partner at Frankfurt Kurnit Klein & Selz.
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