Ethical Considerations In Auto Cases 2011
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Ethical Considerations In Auto Cases 2011

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Ethical Considerations In Auto Cases 2011 Ethical Considerations In Auto Cases 2011 Presentation Transcript

  • Ethical Considerations in Automobile Cases New York State Bar Association March 18, 2011 Syracuse, NY Presented by : Kenneth A. Krajewski, Esq. Brown & Kelly, LLP. 1500 Liberty Building Buffalo, New York 14202 (716)854-2620
  • OVERVIEW
    • New York Rules of Professional Conduct
    • 22 NYCRR §1200
    • Effective date April 1, 2009
  • Competence
      • Rule 1.1
        • (a) A lawyer should provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
        • (b) A lawyer shall not handle a legal matter that the lawyer knows or should know that the lawyer is not competent to handle, without associating with a lawyer who is competent to handle it.
  • Conflicts of Interest
    • Rule 1.7
      • (a) Except as provided in paragraph (b), a lawyer shall not represent a client if a reasonable lawyer would conclude that either:
        • (1) the representation will involve the lawyer in representing differing interests; or
        • … .
      • (b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if:
        • (1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;
        • (2) the representation is not prohibited by law;
        • (3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and
        • (4) each affected client gives informed consent, confirmed in writing.
  • Confidentiality of Information
    • Rule 1.6
      • (a) A lawyer shall not knowingly reveal confidential information, as defined in this Rule, or use such information to the disadvantage of a client or for the advantage of the lawyer or a third person, unless:
        • (1) the client gives informed consent, as defined in Rule 1.0(j);
        • (2) the disclosure is impliedly authorized to advance the best interests of the client and is either reasonable under the circumstances or customary in the professional community; or
        • (3) the disclosure is permitted by paragraph (b).
    • The End