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 “Dismantling the outdated, artificial and now pointless barrier erected by Judiciary Law § 470 will help more New York-licensed lawyers” meet the great need in New York for legal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. This bill is on the City Bar’s 2023 New York State Legislative Agenda.

HOW YOU CAN HELP  

Convey your support to members of the Assembly and urge them to pass this bill before the end of session. You can indicate your support by sending an email or making a short phone call to your Assembly Member. Your message doesn’t need to be long, it just needs to convey (1) that you support A.2218; (2) a few reasons why you support (click here for some talking points); and (3) what you would like them to do (see “Who to Contact” below for more information). 

BILL INFORMATION  

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

BILL STATUS  

Passed Senate – 4/18/23; Assembly 3rd reading rules calendar

This bill also passed the Senate in February 2022

Who to Contact:  

• Your State Assembly Member (enter your home address into the Assembly’s website to find your Assembly Member and their contact information). Tell them that as their constituent you urge them to support the bill and call for a vote by the full Assembly before the end of session.  
• Assembly Speaker Carl Heastie – ask Assembly Speaker Heastie to support A.2218 and to put the bill up for a vote before the end of session 
  • Contact: 518-455-3791 | Speaker@nyassembly.gov

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