Expectations regarding virtual hearings and client representation

The New York State Workers’ Compensation Board (Board) conducts virtual hearings so parties of interest in workers’ compensation cases can meet without having to be physically present at a hearing site. These are formal, legal proceedings and all parties of interest are required to abide by the Standards of Civility for proceedings before the Board. As a reminder, please always adhere to the following:

• Attorneys are expected to adhere to the Rules of Professional Conduct (22 NYCRR 1200).  Rule 1.3(a) requires that “a lawyer shall act with reasonable diligence and promptness in representing a client.” Rule 3.2 provides that “[i]n representing a client, a lawyer shall not use means that have no substantial purpose other than to delay or prolong the proceeding or to cause needless expense.”  Licensed representatives are expected to adhere to the Rules of Conduct set forth in 12 NYCRR 302-2.  Rule 302-2.1(c) requires that a licensed representative “act promptly in protecting his client's interest.” Rule 302-2.1(e) provides that a licensed representative must “exercise diligence in the preparation and handling of all matters involving his client's case and assist in the prompt disposition thereof.”
• Attorneys and licensed representatives are reminded to be prepared for all virtual hearings and that zealous representation of their clients is expected. Delays occasioned by an attorney or licensed representative being unprepared (for example, a failure to speak with their client before a hearing) are not acceptable and may result in the Board’s imposition of penalties under WCL § 25(3)(c) (for an unjustified lack of preparedness) and/or WCL § 114-a(3)(ii) (for instituting or continuing proceedings without reasonable grounds). An attorney’s habitual failure to abide the Rules of Professional Conduct may result in a referral to the appropriate attorney grievance committee.  A licensed representative’s failure to follow the Rules of Conduct may result in a referral to the Board’s Licensing Unit.

Additional resources

For more information on virtual hearings, please visit the recently updated Virtual Hearings page on the Board’s website, which includes a training guide for attorneys and representatives.