N.Y. Lawyer Can Withdraw From Representation Due to Covid Fear

Oct. 9, 2020, 5:18 PM

A New York lawyer who has to appear in immigration court on behalf of a client can withdraw for fear of contracting Covid-19 if allowed by the court , the state’s bar association said.

The lawyer’s fear “renders it difficult for the attorney to carry out the representation effectively,” the bar’s ethics committee said Thursday.

The attorney told the committee that the court hasn’t established safety measures to prevent the spread of the virus, and is worried about getting sick, the ethics opinion said.

The standard for withdrawal under professional conduct rules is that it becomes “difficult"—not impossible—to serve the ...

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