(Long Island, NY) The following is a statement from Nassau County Bar Association President Marian Rice regarding the new rule implemented today that requires New York lawyers to disclose on their biennial registration forms how many pro bono hours they provide and their financial donations to pro bono programs during the previous two years.
The new reporting requirements of Part 118 and Rule 6.1 of the Rules of Professional Conduct were approved by Chief Judge Jonathan Lippman and the presiding justices of the Appellate Division’s four departments.
“It is regrettable that the Chief Judge has again imposed a rule affecting the profession without seeking the input and collective ideas of the many attorneys admitted to practice law in New York who work tirelessly to make access to justice a reality rather than an idea. The charitable efforts of these attorneys should not be subject to mandatory disclosure. It is wrong to legislate charity; and charity that takes place under compulsion of public disclosure is hardly charity at all.
“The same Task Force on Access to Justice has also been asked by the Chief Judge to investigate the possibility of bringing to New York the Limited License Legal Technician Rule imposed on attorneys in Washington state over the objection of the state bar association. The Limited License Legal Technician is a non-lawyer authorized to perform legal tasks in specified areas of practice without the supervision of an attorney. Like the rule imposed today, this proposal would affect the core elements of our profession and should not be imposed without thoughtful discussion and comment among the constituents affected, in particular our many under and unemployed attorneys. It is hoped that the Chief Judge and his Task Force will take into consideration the comments and opinions of the lawyers in this state before further unilateral regulations are imposed.
“Access to Justice is dependent upon the availability of qualified lawyers. But it does not rest on the shoulders of lawyers alone. If this is a fundamental right of our citizens, efforts should be expended to find a permanent source of funding for legal services programs addressing the needs of our residents and not on further legislating the obligations and conduct of attorneys.”
-Marian Rice, President, Nassau County Bar Association
