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

                                  1643

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  BING, ROSENTHAL, EDDINGTON, CAHILL, LANCMAN,
  GALEF, ROBINSON, FIELDS -- Multi-Sponsored by -- M. of A. CHRISTENSEN,
  CYMBROWITZ, DelMONTE, GABRYSZAK,  JAFFEE,  V. LOPEZ,  MAISEL,  MARKEY,
  MAYERSOHN,  PEOPLES,  PHEFFER,  REILLY,  WEISENBERG  --  read once and
  referred 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 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
oath. Provided, however, that nothing in this section shall be  held  to

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

                                                           LBD00924-01-9

A. 1643                             2

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.
  ANY PERSON VIOLATING THE PROVISIONS OF THIS SECTION SHALL BE GUILTY OF
A CLASS E FELONY.
  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  four hundred seventy-
eight,] SECTION four hundred seventy-nine,  four  hundred  eighty,  four
hundred  eighty-one,  four hundred eighty-two, four hundred eighty-three
or four hundred eighty-four, shall be guilty of a misdemeanor.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.