NY Bar Backs Fortified Rule On Atty Misconduct And NDAs

Law360 (January 31, 2020, 8:54 PM EST) -- Leaders of the New York State Bar Association on Friday approved #MeToo-era guidance designed to keep attorneys from using nondisclosure agreements to dodge their duty to report sexual harassment and other serious misconduct by lawyers.

“A lot of law firms would love to have an excuse not to report their partners” to attorney oversight officials, said ethics specialist Roy Simon, who chairs the bar’s conduct committee and made the rule change presentation. “We want to make clear that you can’t get around mandated reporting under Rule 8.3a with a non-disclosure.”

As proposed, the change to state Rule 8.3 would consist of...

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