S T A T E   O F   N E W   Y O R K
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                                 5700--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2011
                               ___________

Introduced  by  M. of A. BRAUNSTEIN, DenDEKKER, REILLY, ROBERTS, JAFFEE,
  STEVENSON, MENG, BRONSON -- Multi-Sponsored by --  M.  of  A.  CROUCH,
  GABRYSZAK,  JORDAN, LOSQUADRO, MALLIOTAKIS, MARKEY, McKEVITT, MONTESA-
  NO, TENNEY -- read once and referred to the Committee on Judiciary  --
  recommitted  to the Committee on Judiciary in accordance with Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00471-10-2
              

A. 5700--A                          2

oath.  Provided,  however, that nothing in this section shall be held to
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; OR
(4) AN ATTORNEY AND COUNSELOR-AT-LAW OR THE EQUIVALENT WHO  IS  ADMITTED
TO  THE BAR IN ANOTHER STATE, TERRITORY, DISTRICT OR FOREIGN COUNTRY AND
WHO HAS BEEN ADMITTED TO PRACTICE PRO HAC VICE IN THE STATE OF NEW YORK.
  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]
EXCEPT  AS  PROVIDED IN SECTION FOUR HUNDRED EIGHTY-FIVE-A OF THIS ARTI-
CLE, ANY person violating the  provisions  of  [sections]  SECTION  four
hundred  seventy-eight,  four hundred seventy-nine, four hundred eighty,
four hundred eighty-one, four hundred eighty-two, four  hundred  eighty-
three  or four hundred eighty-four OF THIS ARTICLE, shall be guilty of a
misdemeanor.
  S 3. The judiciary law is amended by adding a  new  section  485-a  to
read as follows:
  S  485-A.  VIOLATION  OF CERTAIN SECTIONS A CLASS E FELONY. ANY PERSON
WHO VIOLATES THE PROVISIONS OF SECTIONS FOUR HUNDRED SEVENTY-EIGHT, FOUR
HUNDRED EIGHTY-FOUR, FOUR HUNDRED EIGHTY-SIX OR FOUR HUNDRED NINETY-FIVE
OF THIS ARTICLE IS GUILTY OF A CLASS E FELONY WHEN HE OR SHE: (1) EITHER
IMPERSONATES AN ATTORNEY OR OFFERS LEGAL SERVICES TO THE PUBLIC UNDER  A
TITLE OTHER THAN ATTORNEY; AND (2) CAUSES ANOTHER PERSON TO SUFFER MONE-
TARY  LOSS  OR  DAMAGES EXCEEDING ONE THOUSAND DOLLARS OR OTHER MATERIAL

A. 5700--A                          3

DAMAGE RESULTING FROM IMPAIRMENT OF A LEGAL RIGHT TO WHICH HE OR SHE  IS
ENTITLED ACCORDING TO LAW.
  S 4. Section 486 of the judiciary law, as added by chapter 1031 of the
laws of 1965, is amended to read as follows:
  S  486. Practice of law by attorney who has been disbarred, suspended,
or convicted of a felony. Any person whose admission to practice  as  an
attorney  and  counselor-at-law has been revoked or who has been removed
from office as attorney and counselor-at-law or, being an  attorney  and
counselor-at-law,  has  been convicted of a felony or has been suspended
from practice and has not been duly and regularly reinstated,  who  does
any  act  forbidden  by the provisions of this article to be done by any
person not regularly admitted to practice law in the courts of record of
this state, unless the judgment, decree or order  suspending  him  shall
permit  such  act,  shall  be  guilty  of a misdemeanor UNLESS OTHERWISE
PROVIDED BY SECTION FOUR HUNDRED EIGHTY-FIVE-A OF THIS ARTICLE.
  S 5. Subdivision 3 of section 495 of the judiciary law,  as  added  by
chapter 1031 of the laws of 1965, is amended to read as follows:
  3.  No  voluntary  association  or  corporation  shall  ask or receive
directly or indirectly, compensation  for  preparing  deeds,  mortgages,
assignments, discharges, leases, or any other instruments affecting real
estate,  wills, codicils, or any other instruments affecting disposition
of property after death or decedents' estates, or pleadings of any  kind
in  actions or proceedings of any nature. Any association or corporation
violating the provisions of this subdivision is guilty of a  misdemeanor
UNLESS  OTHERWISE PROVIDED BY SECTION FOUR HUNDRED EIGHTY-FIVE-A OF THIS
ARTICLE.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.