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NYC Bar Association Urges Humanitarian Exception for Attorney Giving

New York Women’s Bar Association pic

Dyan Gershman is an established presence in the New York City legal community who focuses on a wide range of corporate and commercial matters, including mergers and acquisitions, for both US and international clients. As part of her community engagement, Dyan Gershman maintains membership in a number of legal professional organizations such as the New York Women’s Bar Association, and the NYC Bar Association.

The NYC Bar association recently responded to the COVID-19 pandemic by requesting that the New York Rules of Professional Conduct be amended to include a humanitarian exception. Under longstanding ethics rules, attorneys are not allowed to contribute financially to litigation clients. However, recent events have brought about a situation in which the rules prevent contributions toward the common good.

For example, one lawyer seeking to make a contribution to a community restaurant that serves low-income residents was informed that this could lead to potential disciplinary action. In another case, a legal organization was prevented from covering rent and food costs within immigrant communities it serves through representation.

A humanitarian exception would allow the establishment of funds that go toward litigation clients’ groceries, medical supplies, clothing, and other basic living expenses. This would apply to paying clients with limited financial means, as well as those being served on a pro bono basis.