Prof. Roy Simon in New York Law Journal

Professor Roy D. Simon, Jr. was quoted in the following New York Law Journal article.

N.Y. Adopts New Conduct Rules Aligned With ABA Model

By Joel Stashenko
New York Law Journal
December 17, 2008

Gillers and Roy D. Simon Jr., a Hofstra University School of Law professor and vice chairman of the Committee on Standards of Attorney Conduct, both said they were disappointed that a recommendation made by the state bar committee on multi-jurisdictional practice by lawyers was not approved.

The state bar committee recommended that out-of-state lawyers be allowed to practice in New York — and be subject to the state ethical rules as New York-based attorneys — when performing all legal work in the state, including the representation of clients in arbitration and mediation proceedings or in negotiating contracts.

Without that provision, Simon said some lawyers will continue to practice in New York in a “shadow-land” without clearly being subject to the regulation of New York’s disciplinary rules.

Simon said he was also disappointed that the administrative board did not adopt a recommendation, also made by the state bar, establishing an obligation for prosecutors to launch investigations in cases where DNA and other evidence establishes the strong suspicion that convicted defendants are innocent.

The new rules do include a provision that attorneys should provide at least 20 hours a year of pro bono work to the poor, and to contribute money to providers of legal services to the poor. Violators of that provision are not subject to discipline, according to the new rules.

Violations of most state ethical conduct rules can carry punishments up to disbarment.