Attorney ethics defined and analyzed at recent CLE
From left: Anthony Vaughn, Esq.; Angelicque Moreno, Esq.; Maria Neri, Esq.; Andrea Bonina, Esq.; and Michael Farkas, Esq. at a recent CLE on “Attorney Discipline.” Photo: Maria Neri, Esq.
DOWNTOWN — The topic of “Attorney Discipline,” specifically the ethical behavior of lawyers, was addressed at a recent Continuing Legal Education sponsored by the New York State Association of Court Attorneys.
The event, which took place in the Kings County Supreme Criminal Court boardroom at 320 Jay St., was spearheaded by Maria Neri, Esq., and a written presentation of said topic was created by Andrea Bonina, Esq.
Several Brooklyn-based lawyers participated in the CLE, in addition to speaking exclusively to the Brooklyn Eagle about the ethical behavior of attorneys.
According to the American Bar Association’s Model Rules of Professional Conduct, key ethical duties and behaviors expected of attorneys encompass a wide range of responsibilities and obligations, including:
Competence: Lawyers must possess the necessary legal knowledge, skill, thoroughness and preparation to provide effective representation.
Diligence: Lawyers are obligated to act with reasonable diligence and promptness in representing their clients, demonstrating commitment and dedication to their interests.
Communication: Lawyers have a responsibility to keep clients reasonably informed about the status of their cases and promptly respond to requests for information.
And confidentiality: Lawyers have a strict duty to keep client information confidential, unless the client provides informed consent or disclosure is authorized or required by the Rules of Professional Conduct.
In addition, lawyers must avoid undertaking or continuing representations where there’s a conflict of interest, such as representing two clients with opposing interests in the same matter.
Lawyers also have a duty to be honest and candid with the court, avoiding making false statements of fact or law, and they cannot charge fees that are illegal, prohibited or clearly excessive.
Finally, lawyers should maintain a professional demeanor and act with integrity and civility in their interactions with clients, colleagues and others in the legal system.
It’s understandable to expect coverage of attorney ethics and behavior in law school, but on a professional level, the Brooklyn Eagle asked whether it was even necessary to mention.
Additionally, the Eagle pursued what ethical behavior means to a number of attorneys, how they uphold ethics in their own practice and what they believe is perhaps the most misunderstood aspect of ethical behavior among lawyers.
Anthony Vaughn, Esq., past president of the Brooklyn Bar Association. Brooklyn Eagle photo by Mario Belluomo
A relevant topic
Anthony Vaughn, Esq., past president of the Brooklyn Bar Association, told the Eagle that fundamentally, attorney ethics is about right and wrong.
“The topic is always relevant, because it serves as a reminder to members of the bar that we owe a duty to one another, to our clients, to the judiciary and to members of the public to treat others with respect and to act professionally at all times,” Vaughn said.
According to Vaughn, attorneys are on the frontlines, putting them in the best position to identify attorney misconduct and report it.
“Unfortunately, there are members of our beloved profession that do not recognize that it is a privilege to practice law, and they do not have a right to do whatever they want under the guise of zealous representation or freedom of speech,” Vaughn underscored.
Hon. Miriam Cyrulnik, left, alongside Maria Neri, Esq. Brooklyn Eagle photo by Mario Belluomo
Keeping up to date
Attorney Maria Neri believes much of attorney ethics is common sense but was quick to point out that there are occasional updates to the rules some lawyers may not be aware of.
“Attending [CLEs on the topic] keeps attorneys up to date if there are any changes or modifications,” Neri noted.
Neri underscored that every day, in her own practice, she ensures that everyone is treated with dignity and respect.
“No matter who walks into a courtroom, whether it be an attorney, a defendant, family of a victim or family of a defendant, I treat everyone courteously,” Neri said. “I exercise patience and compassion so everyone feels that they are heard, and their questions and concerns are addressed within the bounds of my position as a court attorney to my judge.”
Neri explained that an often misunderstood and sometimes overlooked aspect of attorney ethics and behavior is that lawyers represent the profession 24 hours a day, seven days a week.
She believes some lawyers don’t realize that their behavior has consequences outside of their profession, “not only in public, but what people do online, too — such as social media.”
Andrea Bonina, Esq., center; with Hon. Carl Landicino, left; and Hon. Paul Wooten, right. Brooklyn Eagle photo by Mario Belluomo
Rule 8.4 and the Duty to Behave Professionally
Andrea Bonina, Esq., and partner at Bonina and Bonina, at a recent CLE, underscored “Attorney Discipline,” specifically Rule 8.4 and the duty to behave professionally.
Bonina stressed the relevance of attorney ethics among professionals. The CLE covered conduct that violates the rules of professional conduct, fraud, deceit, misrepresentation, and more. It also addressed harassment and discrimination.
“As attorneys, we have a duty to conduct ourselves in accordance with the law at all times,” Bonina said. “Rule 8.4 mandates that attorneys shall not behave in a way that ‘adversely reflects on’ the lawyer’s honesty, their fitness as a lawyer or ‘engage in conduct that is prejudicial to the administration of justice.’”
Michael Farkas, Esq., alongside his father, George Farkas, Esq. Brooklyn Eagle photo by Mario Belluomo
‘People are imperfect’
Michael Farkas, Esq., called attorney ethics “the foundation upon which the entire American legal system rests.”
“In order to perform even its most basic functions, the public must be able to rely upon the integrity of attorneys and judges within our system of jurisprudence,” Farkas said.
Farkas believes attorney ethics should always be top of mind.
“It’s fair to say that ethical conduct by attorneys should be presumed,” he said. Adding that people are imperfect, so “clearly specified rules of professional conduct are necessary to regulate the higher standards to which the public holds officers of the court,” and that law professionals should endeavor to be conscientious, diligent, empathetic and honest.
“I try to follow that basic precept in my practice,” he said. “Attorneys are expected to maintain the highest levels of integrity in all aspects of their daily lives — and the ethics rules reflect this expectation.”
SUNSET PARK — “As a resident of Marine Park, one of the great surprises I found biking around Industry City and visiting Japan Village was to discover Bush Terminal Park. I continue to be amazed at the serene hideaways that the city offers in some of the busiest places — and, still, with an iconic view.”
BROOKLYN HEIGHTS — ‘A miracle that no one was killed …’ That’s what neighbors are saying about the collapse of the Hotel St. George marquee. Shown in this photograph are workmen beginning the removal and repair of the historic, old neon sign at the corner, referencing a relic of Brooklyn Heights’ past: the St. George Hotel.
ATLANTIC AVENUE — Exhausted shopper with cluster of bags and goods from mall at Boerum Place stops to look at huge construction site across the street. “Is that REALLY going to be a jail??” Her male companion is reassuring, “Nothing like Rikers … this is 21st Century.”
BROOKLYN HEIGHTS — Overheard in line at one of most popular pastry outlets on Montague Street: “Hope I can get them into a camp …” A mother with two pre-schoolers in tow was showing a friend the Dodge Y flyer for Healthy Kids Day on Saturday, April 18.
