senate Bill S1998
(R) 0 Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
Provides that practicing or appearing as an attorney-at-law without being admitted and registered shall be a class E felony instead of a misdemeanor.
TITLE OF BILL:
to amend the judiciary law, in relation to practicing or appearing as an
attorney-at-law without being admitted and registered
The purpose of this legislation is to amend the Judiciary Law to make
the unlawful practice of law a class E felony.
SUMMARY OF PROVISIONS:
Section one of this legislation would amend section 478 of the
Judiciary Law to provide that any person practicing or appearing as
an attorney-at-law or as an attorney and counselor-at-law (or
equivalent terms) without having first been duly and regularly
licensed and admitted to practice law in the courts of record of this
state, and without having taken the constitutional oath would be
guilty of a class E felony.
Section two would amend section 485 of the Judiciary Law, to remove
section 478 from the sections which if violated would constitute a
Currently, those persons who hold themselves out as an attorney-at-law
or counselor-at-law without being admitted and registered are guilty
of a misdemeanor.
The purpose of this legislation is to provide consistency within the
law regarding the unauthorized practice of a profession. Under section
6512 of the Education Law, anyone not authorized to practice under
Title VIII who practices or holds himself (or herself) out as being
able to practice in any profession for which a license is required
commits a class E felony.
Examples of those professionals licensed under Title VIII of the
Education Law include physicians, chiropractors, dentists,
veterinarians, physical therapists, pharmacists, registered
professional nurses, licensed practical nurses, licensed master
social workers, certified public accountants. landscape architects,
certified shorthand reporters, etc.
Licenses and registration ensure the public that a certain level of
competency has been achieved to practice within a profession.
Certainly, the unlawful practice of law should constitute a crime
equivalent to the unauthorized practice of a profession.
2009-2010 Passed Senate (S/41/A.1643)
2005-2006 Passed Senate (S.1865/A.5l69)
2007-2008 Passed Senate (S.2358/A.8563)
None to the State.
This act shall take effect on the sixtieth day after it shall have
become a law.
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