senate Bill S2610

Signed By Governor
2013-2014 Legislative Session

Makes technical changes to provisions of the judiciary law relating to practicing or appearing as an attorney-at-law without being admitted and registered

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Archive: Last Bill Status Via A197 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 02, 2013 signed chap.22
Apr 26, 2013 delivered to governor
Apr 24, 2013 returned to assembly
passed senate
3rd reading cal.298
substituted for s2610
Apr 24, 2013 substituted by a197
Apr 22, 2013 advanced to third reading
Apr 17, 2013 2nd report cal.
Apr 16, 2013 1st report cal.298
Jan 23, 2013 referred to judiciary

Votes

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S2610 - Bill Details

See Assembly Version of this Bill:
A197
Law Section:
Judiciary Law
Laws Affected:
Amd ยงยง478, 484 & 485-a, Judy L

S2610 - Bill Texts

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Makes technical changes to provisions of the judiciary law relating to practicing or appearing as an attorney-at-law without being admitted or registered.

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BILL NUMBER:S2610

TITLE OF BILL:
An act
to amend the judiciary law, in relation to practicing or appearing as an
attorney-at-law without being admitted and registered

PURPOSE OR GENERAL IDEA OF BILL: This bill would
clarify what
constitutes the unauthorized practice of law and that admission to
practice law pro hac vice or as a legal consultant are subject to the
rules of the Court of Appeals.

SUMMARY OF SPECIFIC PROVISIONS: Section one amends
section 478 of the
Judiciary Law to clarify that admittance to practice law pro hac vice
or as a legal consultant are subject to the rules of the Court of
Appeals.

Section two amends section 484 of the Judiciary Law to clarify that
that admittance to practice law pro hac vice or as a legal consultant
are subject to the rules of the Court of Appeals.

Section three amends section 485-a of the Judiciary Law to clarify
what constitutes the unauthorized practice of law.

Section four sets forth the effective date.

JUSTIFICATION: This bill sets forth greater
specificity in regards to
the unauthorized practice of law. It will also clarify that
admittance to practice law pro hac vice or as a legal consultant are
subject to the rules of the Court of Appeals, This will provide
better guidance to the bench and bar.

PRIOR LEGISLATIVE HISTORY: S.1998A of 2012

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect
immediately and sections
one, two and three will take effect simultaneously with a chapter of
the laws of 2012 regarding the unauthorized practice of law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2610

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
  printed to be committed 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 492
of the laws of 2012, 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12002-03-3

S. 2610                             2

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
WITHIN  THE LIMITATIONS PRESCRIBED IN THE RULES OF THE COURT OF APPEALS;
OR (5) AN ATTORNEY LICENSED AS A LEGAL CONSULTANT UNDER RULES ADOPTED BY
THE COURT OF APPEALS PURSUANT TO SUBDIVISION SIX OF SECTION  FIFTY-THREE
OF THIS CHAPTER AND RENDERING LEGAL SERVICES IN THE STATE WITHIN LIMITA-
TIONS PRESCRIBED IN SUCH RULES.
  S  2.  Section  484 of the judiciary law, as amended by chapter 201 of
the laws of 1993, is amended to read as follows:
  S 484. None but attorneys to practice in the state. No natural  person
shall ask or receive, directly or indirectly, compensation for appearing
for  a  person other than himself as attorney in any court or before any
magistrate, or for preparing deeds, mortgages, assignments,  discharges,
leases  or any other instruments affecting real estate, wills, codicils,
or any other instrument affecting  the  disposition  of  property  after
death,  or  decedents'  estates,  or pleadings of any kind in any action
brought before any court of record in this state, or make it a  business
to practice for another as an attorney in any court or before any magis-
trate  unless he has been regularly admitted to practice, as an attorney
or counselor, in the courts of record in the state; but nothing in  this
section  shall  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 grad-
uated from a law school, who have taken the examination  for  admittance

S. 2610                             3

to  practice law in the courts of record in the state immediately avail-
able 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  examiners  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 appel-
late division of the supreme court of the department in which the  prin-
cipal  office  of such organization is located and specifying the extent
to which such students and persons may engage in  activities  prohibited
by  this statute; or (3) 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 immediate-
ly  available  after graduation from law school or the examination imme-
diately 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  exam-
inations,  when  such  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 appel-
late division of the supreme court of the department 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 WITHIN THE LIMITATIONS
PRESCRIBED  IN  THE  RULES  OF  THE COURT OF APPEALS; OR (5) AN ATTORNEY
LICENSED AS A LEGAL CONSULTANT UNDER  RULES  ADOPTED  BY  THE  COURT  OF
APPEALS PURSUANT TO SUBDIVISION SIX OF SECTION FIFTY-THREE OF THIS CHAP-
TER  AND  RENDERING  LEGAL  SERVICES  IN  THE  STATE  WITHIN LIMITATIONS
PRESCRIBED IN SUCH RULES.
  S 3. Section 485-a of the judiciary law, as added by chapter  492  the
laws of 2012, is amended 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] FALSELY HOLDS HIMSELF OR HERSELF  OUT
AS  A  PERSON LICENSED TO PRACTICE LAW IN THIS STATE, A PERSON OTHERWISE
PERMITTED TO PRACTICE LAW IN THIS STATE, OR A  PERSON  WHO  CAN  PROVIDE
SERVICES  THAT  ONLY ATTORNEYS ARE AUTHORIZED TO PROVIDE; and (2) causes
another person to suffer monetary loss or damages exceeding one thousand
dollars or other material damage resulting from impairment  of  a  legal
right to which he or she is entitled [according to law].
  S  4.  This act shall take effect immediately, provided, that sections
one, two and three of this act shall be deemed  to  have  been  in  full
force  and  effect  on the same date as chapter 492 of the laws of 2012,
took effect.

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