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.