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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 ...
(b) A lawyer who receives a document or electronically stored information relating to the representation of the lawyer's client and knows or reasonably should know that the document or electronically stored information was inadvertently sent shall promptly notify the sender.
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.
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.