Ethical Considerations In Auto Cases 2011

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Ethical Considerations In Auto Cases 2011

  1. 1. 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
  2. 2. OVERVIEW <ul><li>New York Rules of Professional Conduct </li></ul><ul><li>22 NYCRR §1200 </li></ul><ul><li>Effective date April 1, 2009 </li></ul>
  3. 3. Competence <ul><ul><li>Rule 1.1 </li></ul></ul><ul><ul><ul><li>(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. </li></ul></ul></ul><ul><ul><ul><li>(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. </li></ul></ul></ul>
  4. 4. Conflicts of Interest <ul><li>Rule 1.7 </li></ul><ul><ul><li>(a) Except as provided in paragraph (b), a lawyer shall not represent a client if a reasonable lawyer would conclude that either: </li></ul></ul><ul><ul><ul><li>(1) the representation will involve the lawyer in representing differing interests; or </li></ul></ul></ul><ul><ul><ul><li>… . </li></ul></ul></ul><ul><ul><li>(b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if: </li></ul></ul><ul><ul><ul><li>(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; </li></ul></ul></ul><ul><ul><ul><li>(2) the representation is not prohibited by law; </li></ul></ul></ul><ul><ul><ul><li>(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 </li></ul></ul></ul><ul><ul><ul><li>(4) each affected client gives informed consent, confirmed in writing. </li></ul></ul></ul>
  5. 5. Confidentiality of Information <ul><li>Rule 1.6 </li></ul><ul><ul><li>(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: </li></ul></ul><ul><ul><ul><li>(1) the client gives informed consent, as defined in Rule 1.0(j); </li></ul></ul></ul><ul><ul><ul><li>(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 </li></ul></ul></ul><ul><ul><ul><li>(3) the disclosure is permitted by paragraph (b). </li></ul></ul></ul>
  6. 6. <ul><li>The End </li></ul>

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