S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5694
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2021
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the judiciary law, in relation to temporarily suspending
   the two-fail qualification for practice of law prior  to  passing  the
   bar  exam for law graduates representing indigent clients; and provid-
   ing for the repeal of such provisions upon expiration thereof
 
   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 22
 of the laws of 2013, is amended to read as follows:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02360-01-1

 A. 5694                             2
 
 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
 examiners that they have failed to pass two such  examinations]  OR  WHO
 HAVE  TAKEN AND FAILED TO PASS SUCH EXAM ONE OR MORE TIMES, 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] OR WHO HAVE TAKEN AND FAILED TO PASS SUCH EXAM ONE OR
 MORE TIMES, when such students or persons are acting  under  the  super-
 vision 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 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 chapter and rendering legal services in the  state  within  limita-
 tions prescribed in such rules.
   §  2. This act shall take effect immediately and shall expire upon the
 expiration of the declared state of  emergency  relating  to  the  novel
 coronavirus  (COVID-19),  when upon such date the provisions of this act
 shall be deemed repealed; provided, that the chief judge of  the  office
 of  court  administration  shall  notify  the  legislative bill drafting
 commission upon the occurrence of the expiration of the  state  disaster
 emergency  declared by executive order number 202 and any further amend-
 ments or modifications, and as  may  be  further  extended  pursuant  to
 section  28 of the executive law, in order that the commission may main-
 tain an accurate and timely effective data base of the official text  of
 the  laws  of  the  state of New York in furtherance of effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public officers law.