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Follow the Rules or Forget Your Fees

By Lee Rosenberg
May 30, 2007

While all states have rules addressing attorney practices, New York appears to stand alone in singling out the matrimonial practice for special attention. New York matrimonial and family law practitioners are highly regulated. We are governed, not only by general disciplinary rules and the code of professional conduct applicable to all attorneys, but we are also regulated by what is commonly known as the 'Matrimonial Rules,' set forth in the New York Code of Rules and Regulations. In addition, the disciplinary rules also contain provisions, exclusive to family law practitioners, prohibiting contingency fee retainers and restricting sexual relationships between attorney and client.

The 'Matrimonial Rules' derive from the Report of the Committee to Examine Lawyer Conduct in Matrimonial Actions issued in 1993, which, in addition to holding extensive hearings, reviewed law and rules from California, Oregon, Massachusetts, Florida and West Virginia. The Committee also reviewed ABA opinions and standards of the American Academy of Matrimonial Lawyers. The vast majority of states had no rules specifically singling out the conduct of family law attorneys; the rules in place were limited mostly to fee arbitration issues. No states had rules prohibiting sexual relationships.

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