The courts and the public vitally depend upon the professional competence and ethical integrity of the legal profession to achieve and sustain justice in our society. What now is the state of the law in New York in regard to maintaining both competence and ethics for the legal profession? Are we achieving clarity in respect to standards of both competency and ethics, and are they working effectively to achieve what we need from the lawyers in our society?
Professional liability lawsuits against lawyers invariably involve both allegations of legal malpractice and breach of fiduciary duty and/or ethical violations. If we take a close look at the law in New York in respect to legal malpractice and breach of fiduciary duty, it is apparent to this author that there is confusion. When legal competency and ethical issues are mixed in the facts of a specific case, currently the application of the two professional standards does not work in the way they should work. The absence of clarity will not allow appropriate professional standards to be maintained and needs to be remedied.
Current State of the Law
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