In January 2015, the New York State Bar Association’s (NYSBA) Committee on Standards and Attorney Conduct (COSAC) presented recommended changes to several of the New York Rules of Professional Conduct, including various changes to the comments that expand upon and interpret those rules. In March 2015, the state bar’s House of Delegates adopted COSAC’s recommendations. Although changes to the black letter text must first be approved by the Appellate Divisions before becoming effective, the majority of amended comments took effect immediately after the vote, because the comments are issued by the state bar and therefore are merely advisory.
This article addresses some of the more noteworthy amendments, including new comments addressing lateral attorney movement and updated rules and comments addressing modern technology. Although many of the changes are a helpful step forward, some of the amendments, including those addressing lateral movement, may only serve to complicate and confuse attorneys’ and law firms’ efforts to comply with the rules.
