Advocacy Alert: Help Repeal Judiciary Law 470 and Allow Nonresident Attorneys to Practice in New York

BACKGROUND 

The New York City Bar Association’s Legal Referral Service Committee and Small Law Firm Committee support New York State Legislation which would repeal Judiciary Law 470.  Judiciary Law 470 currently prohibits attorneys from practicing law in New York State if they do not maintain a physical office within the state. The Committees support repeal for three reasons: (1) it is largely agreed that the original purpose of the rule was to ensure personal service on nonresident attorneys, but various methods now exist for proper service of nonresident attorneys; (2) the law fosters procedural difficulties and delays in situations where a non-compliant attorney may be prevented from filing a case or is removed from a pending matter; (3) maintaining a physical office in New York entails inconvenience and expense, which were only multiplied by the COVID-19 crisis and invariably passed on to clients. Many clients may be priced out of legal services altogether. “Dismantling the outdated, artificial and now pointless barrier erected by Judiciary Law § 470 will help more New York-licensed lawyers” meet the great need in New York for legal services.  

Read the Committees’ report here. Read a letter sent by the Presidents of the City Bar and New York State Bar Association to Governor Hochul urging her to sign this bill here. This bill is on the City Bar’s 2023 New York State Legislative Agenda.

HOW YOU CAN HELP  

Send a message to Governor Hochul and urge her to sign this bill into law! You can indicate your support by sending an electronic message or making a short phone. Your message doesn’t need to be long, it just needs to convey (1) that you support S.3261 / A.2218; (2) a few reasons why you support (click here for some talking points); and (3) that you urge Governor Hochul to sign the bill into law.

BILL INFORMATION  

A.2218 (AM David Weprin) / S.3261 (Sen. Brad Hoylman-Sigal)

BILL STATUS  

Passed Senate – 4/18/23 by a vote of 58 to 1; Passed Assembly – 6/7/23 by a vote of 88 to 60

This bill also passed the Senate in February 2022

HOW TO CONTACT GOVERNOR HOCHUL

• Send a message using her online web portal. Select “Legislation” as the Topic of your message and write “Please Sign S.3261 / A.2218 Into Law” as your Subject.
• Call 1-518-474-8390 (Office hours: 9:00am to 5:00pm) and leave a message for the Governor urging her to sign S.3261 / A.2218 into law.

For more information, please contact:
Elizabeth Kocienda, Director of Advocacy | ekocienda@nycbar.org