N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 302-2.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 302-2.1 - Duty to his client

Every representative of claimants, employers and carriers should:

(a) have full knowledge of his client's case;

(b) ascertain and make a complete and accurate disclosure to his client of the facts and questions of law in the case;

(c) act promptly in protecting his client's interest;

(d) comply with the law; and any unintentional noncompliance, error or omission either on his or his client's part should be corrected promptly on notice or information thereof;

(e) exercise diligence in the preparation and handling of all matters involving his client's case, and assist in the prompt disposition thereof;

(f) disclose fully to his client in writing on a form prescribed by the board any adverse interest or relationship of the licensed representative or person authorized to represent the license holder with any of the parties. Adverse interest or relationship include, but are not limited to, ownership of stock or other financial interest in any party to the proceeding and representation of another party in this proceeding. Representation of more than one party in a proceeding is prohibited. Except with the consent of his client after the foregoing full disclosure, a representative shall not represent a client in a proceeding. If a duly designated employee of a licensed representative of self-insurers for reasons of adverse interests withdraws from representing a client, no other duly designated employee of the same licensed representative may represent that client in the same proceeding;

(g) fairly advise his client as to the merits of the case;

(h) transfer, or accept the transfer of, a case to or from another representative or lawyer only after disclosure and with the approval of the board or referee; and

(i) withdraw only after giving not less than five days' prior written notice to his client, and filing a copy thereof promptly with the board.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 302-2.1