Effective January 1, 1998, the Appellate Divisions of the Supreme Court have added Part 1210 to Title 22 of the Official Compilation of Codes, Rules and Regulations of the State of New York. The new section provides that a Statement of Client's Rights must be visibly posted in the office of every attorney practicing law in New York state. The Statement of Client's Rights will contain a simple 10-point description of the attorney client relationship, and will specify, in part, that the client has a right to receive diligent and competent representation, to be charged a reasonable fee, and to change lawyers.
Additionally, the Statement makes clear that the client has the right to guide the attorney's conduct in the matter, especially with regard to settlement decisions. Although the statement must be posted in every attorney's office, those who provide services without charge may delete the portions relating to fees.
Although not discussed here, you should be aware that the Chief Administrative Judge has issued a Statement of Client Responsibilities supplementing the Statement of Clients' Rights of section 1210.1. This statement, which is not a formal court rule, may be viewed at www.nylj.com/links/respon.html.
Prior to the present amendment, an attorney may have assumed that a client knew their rights, while a client may have assumed that they had no rights. The requirement of a visible Statement of Client's Rights will ensure that the client is aware of their significant powers, to maximize client satisfaction, and minimize client abuse. Not only does the amendment protect against client ignorance or attorney apathy, but it also acts to inhibit possible client abuse by unscrupulous attorneys. The presentation of these rights in a visible manner seems especially important for non-paying clients, who may otherwise assume that they are at the mercy of counsel.
By using subjective words (e.g., "reasonable", "prompt", "sufficient"), the new rule creates ambiguity for clients trying to understand the Statement of Client's Rights. While courts have addressed the meanings of these words, a client remains only as informed as their best guess as to what these words mean in a legal context.
Although much of the wording of the amendment is simple and clear, there remains the possibility of unintended consequences. Perhaps most attorneys already act in the best interest of the client, absent conflicts of interest. If this is true, then the amendment raises the risk that interference by a fully informed but legally undereducated client may add nothing to the representation, but may distract the attorney and compromise the representation.
The new requirement may face the same enforcement problems that many other professional responsibility rules face, from a prevention standpoint. Still, like those rules, the new requirement will provide an avenue through which a disciplinary body may address attorney misconduct after the fact, once a disgruntled client has come forward. This effect should provide some measure of deterence.
Other states require that a client be informed of their rights in certain instances. See, e.g., Fla. R. Ct. ch 4-1.5 (requiring that a client sign a statement of client's rights before entering a contingency fee arrangement). However, New York is unusual in that it will require a visibly posted statement of Client's Rights at all times.
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