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It is professional misconduct for a lawyer to: (g) engage in conduct or communication related to the practice of law that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, or gender identity.
Rule 4.2 of the New York Rules of Professional Conduct, also known as the ?No Contact Rule,? is frequently implicated, yet not always fully understood. At a high level, the Rule prohibits lawyers from speaking directly with a party the lawyer knows to be represented by counsel about the subject of the representation.
Proposed rule 4.2 carries forward the substance of current rule 2-100, the ?no contact? rule, and prohibits a lawyer who represents a client in a matter from communicating, either directly or indirectly, about the subject matter of the representation with a person represented by a lawyer in the same matter.
New York Rules of Professional Conduct The current Rules are modeled after the ABA's Model Rules of Professional Conduct. Prior to 2009, New York's Code of Professional Responsibility were still modeled after the ABA Model Code of Professional Responsibility - which the ABA replaced in 1983.
Pursuant to Rule 1.9(a), where the lawyer herself has represented the former client, she may not take on the new matter unless the former client ?gives informed consent, confirmed in writing.? Moreover, pursuant to Rule 1.10, Imputation of Conflicts of Interest, no lawyer associated with the conflicted lawyer may ...