As the New York Court of Appeals held in 2009, New York’s attorney-misconduct statute, Judiciary Law § 487, is “a unique statute of ancient origin in the criminal law of England.” Section 487 is the latest version of a prohibition on attorney misconduct that traces back to the 13th century.
The longevity of the statute speaks to the seriousness of the concerns that it addresses. In feudal times as now, lawyers have always been agents of their clients. Lawyers have special knowledge of the applicable law, of a particular case’s facts, and of the people who administer justice. Lawyers are supposed to use their agency authority and their special knowledge to zealously advocate for their clients in an arena—the court system—that is complex and often byzantine, with substantive rules, procedural quirks, and jargon that clients may not know and may not be able to learn.
What happens, then, if an attorney perpetrates a deceit on the client, on other parties to a litigation, or on the court itself? And how can the client be sure that the lawyer is not delaying the resolution of the client’s claim for the lawyer’s personal gain?
Section 487 addresses those concerns. In this program, attorney Jeremy Bates will provide an overview of the law. The program will include a discussion of the statute’s history, its purpose and intent, the elements of a Section 487 claim, potential defenses, and recovery of damages under the statute. The program will also discuss various cases that have interpreted Judiciary Law § 487.
this was one of the best CLE courses i ever took
excellent 4's are not high enough one of the best I've ever heard on Lawline
Very good course.
Bates did a very good job
Important topic for all attorneys. Well presented , informative and organized.
Not sure practitioners really care about the historical background of the statute, but the session was definitely educational!
Excellent lecture. Informative and compelling. Bravo to Mr. Bates on his excellent job.