As of today, attorneys in New York State must comply with 22 NYCRR Part 1215, which require a written letter of engagement for representations. The rule was proposed in 2001 and met with strong opposition. The New York State Bar Association endorsed the use of letters of engagement as a “best practice,” but concluded that a rule should not mandate the practice. The Appellate Divisions made several revisions to the proposed rule based on complaints and suggestions of the bar, but ultimately decided to join the small number of states that require written letters of engagement in virtually all types of representation.
This article will present an overview of the rule’s application and note some of its troublesome points, with an emphasis on avoiding gray areas until those aspects of the rule become settled. Although many lawyers are unhappy with the rule, compliance with its provisions will help attorneys avoid malpractice and disputes with their clients.
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