Conflict Resolution|Courts|Ethics

Proposal to Require ADR Notice in Letters of Engagement

The Unified Court System of the State of New York is considering a modification to its Rules that would require attorneys to include in their letters of engagement reference to the ADR options and resources available at the courts’ web site.

The proposal (available here) is subject to public comment until September 8 at  The suggestion may be a unique one.

I know that Colorado has an ethical requirement that its attorneys advise clients of alternatives to litigation, and of course many states have court-annexed programs either encouraging or requiring mediation of litigated cases.  But I am unaware of a Court Rule requiring attorneys to give notice of the availability of ADR in the course of their being engaged.

Anyone else?

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