Legislation
SECTION 476-A
Action for unlawful practice of the law
Judiciary (JUD) CHAPTER 30, ARTICLE 15
§ 476-a. Action for unlawful practice of the law. 1. The
attorney-general may maintain an action upon his or her own information
or upon the complaint of a private person or of a bar association
organized and existing under the laws of this state against any person,
partnership, corporation, or association, and any employee, agent,
director, or officer thereof who commits any act or engages in any
conduct prohibited by law as constituting the unlawful practice of the
law. The term "action" as used in this subdivision shall be construed to
include both civil actions and criminal actions.
The term "unlawful practice of the law" as used in this article shall
include, but is not limited to,
(a) any act prohibited by penal law sections two hundred seventy, two
hundred seventy-a, two hundred seventy-e, two hundred seventy-one, two
hundred seventy-five, two hundred seventy-five-a, two hundred
seventy-six, two hundred eighty or fourteen hundred fifty-two, or
(b) any other act forbidden by law to be done by any person not
regularly licensed and admitted to practice law in this state, or
(c) any act punishable by the supreme court as a criminal contempt of
court under section seven hundred fifty-B of this chapter.
2. Such a civil action may also be maintained by a bar association
organized and existing under the laws of the state of New York, upon an
application to the supreme court of the state of New York, or a justice
thereof, for leave to bring the same by such bar association on good
cause shown therefor and proof that a written request was made upon the
attorney-general to bring such an action and that more than twenty days
have elapsed since the making of such request and he or she has failed
or refused to bring such an action.
attorney-general may maintain an action upon his or her own information
or upon the complaint of a private person or of a bar association
organized and existing under the laws of this state against any person,
partnership, corporation, or association, and any employee, agent,
director, or officer thereof who commits any act or engages in any
conduct prohibited by law as constituting the unlawful practice of the
law. The term "action" as used in this subdivision shall be construed to
include both civil actions and criminal actions.
The term "unlawful practice of the law" as used in this article shall
include, but is not limited to,
(a) any act prohibited by penal law sections two hundred seventy, two
hundred seventy-a, two hundred seventy-e, two hundred seventy-one, two
hundred seventy-five, two hundred seventy-five-a, two hundred
seventy-six, two hundred eighty or fourteen hundred fifty-two, or
(b) any other act forbidden by law to be done by any person not
regularly licensed and admitted to practice law in this state, or
(c) any act punishable by the supreme court as a criminal contempt of
court under section seven hundred fifty-B of this chapter.
2. Such a civil action may also be maintained by a bar association
organized and existing under the laws of the state of New York, upon an
application to the supreme court of the state of New York, or a justice
thereof, for leave to bring the same by such bar association on good
cause shown therefor and proof that a written request was made upon the
attorney-general to bring such an action and that more than twenty days
have elapsed since the making of such request and he or she has failed
or refused to bring such an action.