N.Y. Comp. Codes R. & Regs. tit. 22 § 1205.4

Current through Register Vol. 46, No. 53, December 31, 2024

Section 1205.4 - Statement of client's rights in cooperative business arrangements

In the furtherance of a cooperative business arrangement:

(a) prior to the commencement of legal representation of a client referred by a nonlegal service provider; or

(b) prior to the referral of an existing client to a nonlegal service provider;

a lawyer shall provide the client with a statement of client's rights. That statement shall include a consent to the referral to be signed by the client and shall contain the following:

STATEMENT OF CLIENT'S RIGHTS IN COOPERATIVE BUSINESS ARRANGEMENTS

Your lawyer is providing you with this document to explain how your rights may be affected by the referral of your particular matter by your lawyer to a nonlegal service provider, or by the referral of your particular matter by your lawyer to a nonlegal service provider, or by the referral of your particular matter by a nonlegal service provider to your lawyer.

To help avoid any misunderstanding between your and your lawyer please read this document carefully. If you have any questions about these rights, do not hesitate to ask your lawyer.

Your lawyer has entered into a contractual relationship with a nonlegal professional or professional service firm, in the form of a cooperative business arrangement which may include sharing of costs and expenses, to provide legal and nonlegal services. Such an arrangement may substantially affect your rights in a number of respects. Specifically, you are advised:

1. A lawyer's clients are guaranteed the independent professional judgment and undivided loyalty of the lawyer, uncompromised by conflicts of interest. The lawyer's business arrangement with a provider of nonlegal services may not diminish these rights.

2. Confidences and secrets imparted by a client to a lawyer are protected by the attorney/client privilege and may not be disclosed by the lawyer as part of a referral to a nonlegal service provider without the separate written consent of the client.

3. The protections afforded to a client by the attorney/client privilege may not carry over to dealings between the client and a nonlegal service provider. Information that would be protected as a confidence or secret, if imparted by the client to a lawyer, may not be so protected when disclosed by the client to a nonlegal service provider. Under some circumstances, the nonlegal service provider may be required by statute or a code of ethics to make disclosure to a government agency.

4. Even where a lawyer refers a client to a nonlegal service provider for assistance in financial matters, the lawyer's obligation to preserve and safeguard client funds in his or her possession continues.

You have the right to consult with an independent lawyer or other third party before signing this agreement.

Client's Consent:

I have read the above statement of Client's Rights in Cooperative Business Arrangements and I consent to the referral of my particular matter in accordance with that Statement.

______________

Client's signature

______________

Date

N.Y. Comp. Codes R. & Regs. Tit. 22 § 1205.4