NYC Bar explores new ‘humanitarian exception’ for lawyers providing cash assistance

Raymond Brescia will lead a CLE on an amendment state law allowing lawyers to financially support some client’s basic needs

Photo via NYCBA

By Rachel Vick

The New York City Bar Association will explore the impact of a pandemic-inspired amendment to an ethics law that previously barred attorneys from providing financial assistance to their clients during a free CLE on March 18.

The “humanitarian exception” rule was adopted by the court system’s Administrative Board in June and allows lawyers to provide basic support, like money for clothes and groceries, to clients in need, particularly as a result of the COVID-19 pandemic. 

But “even before the current crisis, lawyers representing indigent clients pro bono have sought to provide financial assistance to clients in order to help them with basic necessities such as food, clothing, and access to healthcare,”’ the NYC Bar said in an April statement proposing the rule change.

Albany Law School professor Raymond Brescia, the former associate director of the Urban Justice Center, will lead the CLE and help participants consider the application of the amendment by examining hypothetical situations based on real-world experiences.

The exception only applies to pro-bono work, lawyers working for non-profit legal organizations or public interest organizations, or a law school clinical program.

Participants must register for the virtual program at services.nycbar.org