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.