5/1/13 N.Y. St. Reg. Court Notices

NY-ADR

5/1/13 N.Y. St. Reg. Court Notices
NEW YORK STATE REGISTER
VOLUME XXXV, ISSUE 18
May 01, 2013
COURT NOTICES
 
AMENDMENT OF RULE
Rules of the Supreme Court
The Departments of the Appellate Division of the Supreme Court, pursuant to the authority vested in them, do hereby amend, effective April 15, 2013, Part 1210 of the Official Compilation of Codes Rules, and Regulations of the State of New York, as follows:
§ 1210.1. Posting
Every attorney with an office located in the State of New York shall insure that there is posted in that office, in a manner visible to clients of the attorney, a statement of client’s rights in the form set forth below. Attorneys in offices that provide legal services without fee may delete from the statement those provisions dealing with fees. The statement shall contain the following:
STATEMENT OF CLIENT’S RIGHTS
1. You are entitled to be treated with courtesy and consideration at all times by your lawyer and the other lawyers and nonlawyer personnel in your lawyer’s office.
2. You are entitled to [an] have your attorney [capable] of handl[ing]e your legal matter competently and diligently, in accordance with the highest standards of the profession. If you are not satisfied with how your matter is being handled, you have the right to [withdraw from] discharge your attorney and terminate the attorney-client relationship at any time. (Court approval may be required in some matters, and your attorney may have a claim against you for the value of services rendered to you up to the point of discharge.)[.]
3. You are entitled to your lawyer's independent professional judgment and undivided loyalty uncompromised by conflicts of interest.
4. You are entitled to be charged [a] reasonable fees and expenses and to have your lawyer explain [at the outset] before or within a reasonable time after commencement of the representation how the fees and expenses will be computed and the manner and frequency of billing. You are entitled to request and receive a written itemized bill from your attorney at reasonable intervals. You may refuse to enter into any [fee] arrangement for fees and expenses that you find unsatisfactory. In the event of a fee dispute, you may have the right to seek arbitration; your attorney will provide you with the necessary information regarding arbitration in the event of a fee dispute, or upon your request.
5. You are entitled to have your questions and concerns addressed [in a] promptly [manner] and to receive a prompt rely to [have] your [telephone calls] letters, telephone calls, emails, faxes, and other communications [returned promptly].
6. You are entitled to be kept reasonably informed [in a timely manner] as to the status of your matter and are entitled to have your attorney promptly comply with your reasonable requests for information, including your requests for [and receive] copies of papers relevant to the matter. You are entitled to sufficient information to allow you to participate meaningfully in the development of your matter and make informed decisions regarding the representation.
7. You are entitled to have your legitimate objectives respected by your attorney[,]. In particular, the decision of whether to settle your matter is yours and not your lawyer’s. [including whether or not to settle your matter] ([c]Court approval of a settlement is required in some matters.)[.]
8. You have the right to privacy in your [dealings] communications with your lawyer and to have your [secrets and confidences] confidential information preserved [to the extent permitted by law] by your lawyer to the extent required by law.
9. You are entitled to have your attorney conduct himself or herself ethically in accordance with the New York Rules of Professional Conduct [Code of Professional Responsibility].
10. You may not be refused representation on the basis of race, creed, color, religion, sex, sexual orientation, age, national origin or disability.
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