NY commission requests reform of court procedure to assist solo

Daily Record (Rochester, NY), Mar 10, 2006 by Sarah M. Feingold

The commission believes that New York needs a more competitive professional malpractice insurance market. After a closely divided vote among its members, the commission rejected the requirement that all lawyers admitted in the state carry a minimum level of malpractice insurance.

However, the commission recommends that all attorneys practicing in New York carry minimum levels of progressional insurance for their own benefit, as well as for the benefit of the clients they serve.

Regulatory Burdens On

Solo And Small Firms

The commission recommended that before rule-making authorities adopt any new rule or regulation that would affect the day-to-day practice of law, the authorities should notify the bar about the proposed rules. Upon publishing a proposed rule or regulation, the costs of compliance, a statement detailing what reporting requirements and a list of the forms or other paperwork attorneys will be required to prepare as a result of the proposed rule should be set forth in writing.

With regard to new regulations, the theme is to go slow and provide support, noted Castellano.

A statewide uniformity in the handling of disciplinary proceedings brought against members of the bar would benefit solo and small firm practitioners. The commission suggested that the state Legislature amend the Judiciary Law to provide that the responsibility of establishing disciplinary rules rests with the Administrative Board of the Courts, or that the appellate divisions review their existing disciplinary procedures and promulgate uniform rules, which will provide for consistency in the imposition of disciplinary action from department to department.

Strengthening The Profession

The commission examined issues of professionalism in shaping the health and welfare of a law practice. It is important for solo and small firm practitioners to plan for life events, such as accidents and disability, in order to protect clients' interests. An Advance Exit Plan is a directive prepared prior to a crisis by the practitioner which controls when the attorney ceases to practice.

Local and state bar associations should develop committees to educate their members and monitor implementation. The court system should encourage attorneys to develop exit plans.

The commission also examined lawyer advertising. Advertising usage and costs have increased and this has made it more difficult for smaller firms to compete with large firms.

It was recommended that a commission on advertising examine and regulate advertising content.

Diversity is another important issue. It is important that the court system promote fairness and the unbiased treatment of minority litigants and their attorneys. Bar associations should educate solo and small firm practitioners as to the benefits of supporting diversity in their own organizations and elsewhere in the legal system.

The court system should expand diversity awareness and sensitivity programs for all judicial and nonjudicial court employees and strengthen interpreter services for non-English speaking litigants.