Report in support of proposed new Section 523 of the Rules of the Court of Appeals authorizing the temporary practice of law in NYS by out-of-state and foreign attorneys
SUMMARY
The Committees on Professional Discipline, Professional Responsibility and Professional Ethics submitted comments to the New York State Office of Court Administration on Proposed New Section 523 of the Rules of the Court of Appeals Authorizing the Temporary Practice of Law in New York by Out-of-State and Foreign Attorneys (the “Proposed Rule”). The Committees supported the Proposed Rule as a way to bring New York into line with the overwhelming majority of other jurisdictions that permit temporary practice by out-of-state lawyers. The Committees stated that the types of activities permitted under the Proposed Rule are limited in scope, rendered either in association with a lawyer admitted to practice in this state or in connection with a proceeding or the lawyer’s practice in another jurisdiction in which the lawyer is admitted. A lawyer engaged in temporary practice would be subject to the New York Rules of Professional Conduct and the disciplinary authority of the relevant Appellate Division. The Committees believe that these requirements provide an added safeguard for the public and are preferable to the current situation where an out-of-state lawyer may be engaging in practice in New York but not be subject to any disciplinary authority here.
RULE INFORMATION
OUTCOME
This measure was adopted by the Court of Appeals on December 10, 2015, with an effective date of December 30, 2015.
COA523
