S T A T E O F N E W Y O R K
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3635
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
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Introduced by M. of A. GIANARIS -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the judiciary law, in relation to establishing voluntary
certification of civil trial attorneys
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The judiciary law is amended by adding two new sections
468-c and 483-a to read as follows:
S 468-C. CERTIFICATION OF CIVIL TRIAL ATTORNEYS. 1. ANY PERSON ADMIT-
TED TO PRACTICE AS AN ATTORNEY AND COUNSELLOR AT LAW IN THIS STATE MAY
VOLUNTARILY SEEK CERTIFICATION IN THE PROFESSIONAL PRACTICE OF CIVIL
LITIGATION UPON RECEIVING CERTIFICATION BY THE BOARD ON CIVIL TRIAL
ATTORNEY CERTIFICATION ESTABLISHED PURSUANT TO THE PROVISIONS OF THIS
SECTION, AND AGREEING TO AND DEMONSTRATING THE FOLLOWING:
(A) ADMISSION TO PRACTICE LAW IN THIS STATE FOR AT LEAST FIVE YEARS;
(B) PARTICIPATION IN TWICE THE MANDATORY CONTINUING LEGAL EDUCATION
REQUIRED FOR ATTORNEYS PRACTICING IN THIS STATE AS PROVIDED IN PART
FIFTEEN HUNDRED OF TITLE TWENTY-TWO OF THE NEW YORK CODES, RULES AND
REGULATIONS. SUCH ADDITIONAL CONTINUING LEGAL EDUCATION REQUIREMENTS
SHALL PERTAIN TO THE PROFESSIONAL PRACTICE OF CIVIL LITIGATION;
(C) ADHERENCE TO A CODE OF ETHICAL CONDUCT FOR CIVIL TRIAL ATTORNEYS
TO BE ESTABLISHED BY THE BOARD ON CIVIL TRIAL ATTORNEY CERTIFICATION;
(D) NOT HAVE ACCEPTED CIVIL LITIGATION MATTERS FROM ANY PERSON, FIRM,
LIMITED LIABILITY COMPANY, CORPORATION OR PARTNERSHIP, OR AGENT OR
EMPLOYEE THEREOF, IN VIOLATION OF SUCH CODE OF ETHICAL CONDUCT; AND
(E) HAS RESTRICTED ADVERTISEMENTS AND REPRESENTATIONS SEEKING TO
OBTAIN PERSONAL INJURY OR WRONGFUL DEATH CASES TO CONFORM TO SUCH CODE
OF ETHICAL CONDUCT, THE PROVISIONS OF THIS SECTION AND SECTION FOUR
HUNDRED EIGHTY-THREE-A OF THIS ARTICLE.
2. THE COURT OF APPEALS SHALL APPOINT, IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION, A BOARD ON CIVIL TRIAL ATTORNEY CERTIF-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05704-01-9
A. 3635 2
ICATION. SUCH BOARD SHALL CONSIST OF SEVEN MEMBERS WHO ARE ATTORNEYS AND
COUNSELLORS AT LAW ADMITTED TO PRACTICE IN THIS STATE. OF THE MEMBERS
FIRST APPOINTED, THREE SHALL BE APPOINTED FOR A TERM OF THREE YEARS; TWO
FOR A TERM OF TWO YEARS; AND TWO FOR A TERM OF ONE YEAR. AS SUCH TERMS
EXPIRE, EACH NEW APPOINTMENT SHALL BE FOR A TERM OF THREE YEARS. THE
COURT OF APPEALS SHALL ANNUALLY DESIGNATE A CHAIR AND A VICE-CHAIR FROM
AMONG THE MEMBERS OF THE BOARD.
3. THE BOARD ON CIVIL TRIAL ATTORNEY CERTIFICATION SHALL, PURSUANT TO
THE PROVISIONS OF THIS SECTION, AND SUBJECT TO THE PRIOR APPROVAL OF THE
COURT OF APPEALS, PROMULGATE AND AMEND REGULATIONS GOVERNING THE CERTIF-
ICATION PROGRAM ESTABLISHED PURSUANT TO THIS SECTION.
4. THE BOARD ON CIVIL TRIAL ATTORNEY CERTIFICATION SHALL HAVE THE
POWER TO, AMONG OTHER THINGS, CERTIFY PERSONS AS CIVIL TRIAL ATTORNEYS
AND ESTABLISH A CODE OF ETHICAL CONDUCT TO BE ADHERED TO BY ATTORNEYS
CERTIFIED PURSUANT TO THE PROVISIONS OF THIS SECTION FOR THE PURPOSE OF
MAINTAINING AND ENHANCING THE INTEGRITY OF THE PROFESSIONAL PRACTICE OF
CIVIL LITIGATION AND FURTHER PROTECTING THE RIGHTS OF INJURED PERSONS
AND THEIR FAMILIES.
5. THE BOARD ON CIVIL TRIAL ATTORNEY CERTIFICATION SHALL ENSURE THAT
ANY PERSON WHO ADVERTISES OR MAKES REPRESENTATIONS FOR THE PURPOSE OF
OBTAINING, OR WHICH ARE LIKELY TO OBTAIN, DIRECTLY OR INDIRECTLY,
PERSONAL INJURY OR WRONGFUL DEATH CASES IN THIS STATE IS IN COMPLIANCE
WITH THE PROVISIONS OF THIS SECTION AND SECTION FOUR HUNDRED
EIGHTY-THREE-A OF THIS ARTICLE.
6. THE BOARD ON CIVIL TRIAL ATTORNEY CERTIFICATION SHALL, CONSISTENT
WITH THIS SECTION AND ITS REGULATIONS, ESTABLISH PROCEDURES, PUBLISH
FORMS AND MAINTAIN RECORDS AS REQUIRED FOR THE CONDUCT OF THE BOARD'S
OPERATIONS AND THE CERTIFICATION OF ATTORNEYS, INCLUDING MAINTAINING A
CURRENT LIST OF ALL ATTORNEYS CERTIFIED AS CIVIL TRIAL ATTORNEYS IN THIS
STATE. AN ANNUAL REPORT SHALL BE SUBMITTED TO THE COURT OF APPEALS AT
THE END OF EACH CALENDAR YEAR AS TO THE STATUS OF THE CERTIFICATION
PROGRAM.
7. THE BOARD ON CIVIL TRIAL ATTORNEY CERTIFICATION SHALL COOPERATE
WITH THE CONTINUING LEGAL EDUCATION BOARD, THE NEW YORK STATE BAR ASSO-
CIATION, LAW SCHOOLS IN THIS STATE, AND RECOGNIZED CONTINUING LEGAL
EDUCATION SPONSORS IN DEVELOPING AND MAINTAINING COURSES, CLINICS AND
OTHER OFFERINGS BY SUCH INSTITUTIONS TO ENHANCE THE PROFESSIONAL PRAC-
TICE OF CIVIL LITIGATION AND INCREASE THE KNOWLEDGE AND SKILLS OF ATTOR-
NEYS WHO SEEK TO BE CERTIFIED CIVIL TRIAL ATTORNEYS. THE BOARD MAY ALSO
COOPERATE WITH OTHER LAW SCHOOLS, BAR ASSOCIATIONS AND AGENCIES INTER-
ESTED IN THE PROFESSIONAL PRACTICE OF CIVIL LITIGATION.
8. THE MEMBERS OF THE BOARD ON CIVIL TRIAL ATTORNEY CERTIFICATION
SHALL SERVE WITHOUT COMPENSATION BUT SHALL BE ENTITLED TO RECEIVE THEIR
ACTUAL AND NECESSARY EXPENSES INCURRED IN THE DISCHARGE OF THEIR DUTIES.
9. THE BOARD ON CIVIL TRIAL ATTORNEY CERTIFICATION MAY EMPLOY, AND AT
ITS PLEASURE REMOVE, SUCH PERSONNEL AS IT MAY DEEM NECESSARY FOR THE
PERFORMANCE OF ITS FUNCTIONS AND FIX THEIR COMPENSATION WITHIN THE
AMOUNTS MADE AVAILABLE THEREFOR.
10. MEMBERS OF THE BOARD ON CIVIL TRIAL ATTORNEY CERTIFICATION SHALL
BE CONSIDERED EMPLOYEES OF THE STATE FOR THE PURPOSE OF SECTION SEVEN-
TEEN OF THE PUBLIC OFFICERS LAW.
S 483-A. ADVERTISING AND REPRESENTATION OF SERVICES AS A CERTIFIED
CIVIL TRIAL ATTORNEY. 1. ANY PERSON WHO ADVERTISES OR MAKES REPRESENTA-
TIONS FOR THE PURPOSE OF OBTAINING, OR WHICH ARE LIKELY TO OBTAIN,
DIRECTLY OR INDIRECTLY, PERSONAL INJURY OR WRONGFUL DEATH CASES WHO IS
NOT A CERTIFIED CIVIL TRIAL ATTORNEY PURSUANT TO THE PROVISIONS OF
A. 3635 3
SECTION FOUR HUNDRED SIXTY-EIGHT-C OF THIS ARTICLE SHALL CONSPICUOUSLY
DISCLAIM IN SUCH ADVERTISEMENTS AND REPRESENTATIONS THE FOLLOWING STATE-
MENT: "THE STATE HAS ESTABLISHED A VOLUNTARY SPECIALTY WITHIN THE LEGAL
PROFESSION OF CERTIFIED CIVIL TRIAL ATTORNEY TO FURTHER PROTECT THE
RIGHTS OF INJURED PERSONS AND THEIR FAMILIES, AND THE LAW REQUIRES THE
PUBLIC TO BE INFORMED THAT THE ATTORNEY REFERRED TO IN THIS ADVERTISE-
MENT IS NOT A CERTIFIED CIVIL TRIAL ATTORNEY".
2. THE DISCLAIMER PROVISIONS OF THIS SECTION SHALL APPLY TO ADVERTISE-
MENTS AND REPRESENTATIONS CONTAINING MORE THAN ONE ATTORNEY MADE FOR THE
PURPOSES OF OBTAINING, OR WHICH ARE LIKELY TO OBTAIN, DIRECTLY OR INDI-
RECTLY, PERSONAL INJURY OR WRONGFUL DEATH CASES IN WHICH NOT ALL OF THE
ATTORNEYS REFERENCED IN SUCH ADVERTISEMENTS OR REPRESENTATIONS ARE
CERTIFIED CIVIL TRIAL ATTORNEYS.
3. FOR THE PURPOSES OF THIS SECTION "CONSPICUOUSLY" SHALL MEAN EQUALLY
IN SIZE, TYPE, VOLUME OR PROMINENCE AND POSITIONED ADJACENT TO THE
ADVERTISEMENT OR REPRESENTATION. THE REQUIREMENTS OF THIS SUBDIVISION
SUPPLEMENT, AND SHALL NOT BE CONSTRUED TO LIMIT, THE OBLIGATIONS OF
ATTORNEYS AND COUNSELLORS AT LAW PURSUANT TO THIS ARTICLE AND THE REGU-
LATIONS ADOPTED PURSUANT THERETO.
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] SECTION FOUR HUNDRED
SIXTY-EIGHT-C, four hundred seventy-eight, four hundred seventy-nine,
four hundred eighty, four hundred eighty-one, four hundred eighty-two,
four hundred eighty-three, FOUR HUNDRED EIGHTY-THREE-A or four hundred
eighty-four, shall be guilty of a misdemeanor.
S 3. This act shall take effect immediately.