S T A T E O F N E W Y O R K
________________________________________________________________________
1643
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. BING, ROSENTHAL, EDDINGTON, CAHILL, LANCMAN,
GALEF, ROBINSON, FIELDS -- Multi-Sponsored by -- M. of A. CHRISTENSEN,
CYMBROWITZ, DelMONTE, GABRYSZAK, JAFFEE, V. LOPEZ, MAISEL, MARKEY,
MAYERSOHN, PEOPLES, PHEFFER, REILLY, WEISENBERG -- read once and
referred to the Committee on Judiciary
AN ACT to amend the judiciary law, in relation to practicing or appear-
ing as an attorney-at-law without being admitted and registered
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 478 of the judiciary law, as amended by chapter 201
of the laws of 1993, is amended to read as follows:
S 478. Practicing or appearing as attorney-at-law without being admit-
ted and registered. It shall be unlawful for any natural person to prac-
tice or appear as an attorney-at-law or as an attorney and counselor-at-
law for a person other than himself OR HERSELF in a court of record in
this state, or to furnish attorneys or counsel or an attorney and coun-
sel to render legal services, or to hold himself OR HERSELF out to the
public as being entitled to practice law as aforesaid, or in any other
manner, or to assume to be an attorney or counselor-at-law, or to
assume, use, or advertise the title of lawyer, or attorney and counse-
lor-at-law, or attorney-at-law or counselor-at-law, or attorney, or
counselor, or attorney and counselor, or equivalent terms in any
language, in such manner as to convey the impression that he OR SHE is a
legal practitioner of law or in any manner to advertise that he OR SHE
either alone or together with any other persons or person has, owns,
conducts or maintains a law office or law and collection office, or
office of any kind for the practice of law, 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. Provided, however, that nothing in this section shall be held to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00924-01-9
A. 1643 2
apply (1) to officers of societies for the prevention of cruelty to
animals, duly appointed, when exercising the special powers conferred
upon such corporations under section fourteen hundred three of the not-
for-profit corporation law; or (2) to law students who have completed at
least two semesters of law school or persons who have graduated from a
law school, who have taken the examination for admittance to practice
law in the courts of record in the state immediately available after
graduation from law school, or the examination immediately available
after being notified by the board of law examiners that they failed to
pass said exam, and who have not been notified by the board of law exam-
iners that they have failed to pass two such examinations, acting under
the supervision of a legal aid organization when such students and
persons are acting under a program approved by the appellate division of
the supreme court of the department in which the principal office of
such organization is located and specifying the extent to which such
students and persons may engage in activities otherwise prohibited by
this statute; or (3) to law students who have completed at least two
semesters of law school, or to persons who have graduated from a law
school approved pursuant to the rules of the court of appeals for the
admission of attorneys and counselors-at-law and who have taken the
examination for admission to practice as an attorney and counselor-at-
law immediately available after graduation from law school or the exam-
ination immediately available after being notified by the board of law
examiners that they failed to pass said exam, and who have not been
notified by the board of law examiners that they have failed to pass two
such examinations, when such students or persons are acting under the
supervision of the state or a subdivision thereof or of any officer or
agency of the state or a subdivision thereof, pursuant to a program
approved by the appellate division of the supreme court of the depart-
ment within which such activities are taking place and specifying the
extent to which they may engage in activities otherwise prohibited by
this statute and those powers of the supervising governmental entity or
officer in connection with which they may engage in such activities.
ANY PERSON VIOLATING THE PROVISIONS OF THIS SECTION SHALL BE GUILTY OF
A CLASS E FELONY.
S 2. Section 485 of the judiciary law, as added by chapter 1031 of the
laws of 1965, is amended to read as follows:
S 485. Violation of certain preceding sections a misdemeanor. Any
person violating the provisions of [sections four hundred seventy-
eight,] SECTION four hundred seventy-nine, four hundred eighty, four
hundred eighty-one, four hundred eighty-two, four hundred eighty-three
or four hundred eighty-four, shall be guilty of a misdemeanor.
S 3. This act shall take effect on the sixtieth day after it shall
have become a law.