New York

RULE 5.5 MJP/UPL CURRENT

Unauthorized Practice of Law

(a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction.

(b) A lawyer shall not aid a nonlawyer in the unauthorized practice of law.

In-House Counsel Rule

The New York Court of Appeals adopted an in-house counsel registration rule allowing out of state attorneys to serve as in-house counsel without being required to pass the New York bar exam and other practice requirements. Under new Part 522 of the Rules of the Court of Appeals (22 NYCRR Part 522) practice will be limited to serving employers on business-related issues, subject to New York’s professional conduct and disciplinary rules, and upon registration with the Appellate Division.

Pro Hac Vice

Per New York Court of Appeals Rule 520.11 pro hac vice admissions for particular causes are generally reserved to the discretion of the particular court in which the admission is sought. Pro hac vice admissions for specified time periods are also available for certain students and employees of certain legal aid societies and government entities. The First, Second, Third and Fourth Appellate Divisions of the New York Judicial Departments have their own pro hac vice rules. The First Department is governed by NYCRR Part 602.2. The Second Department’s pro hac vice admission is governed by Part 670.6(e). The Third Department is governed by Part 805.3 and the Fourth Department is governed by Part 1000.13(I).

Admission on Motion

New York Admission on Motion is governed by New York Court of Appeals Rule 520.10 which permits admission on motion, without examination, for applicants who have practiced for five of the preceding seven years, are admitted to practice in at least one reciprocal jurisdiction with New York, and have graduated from an American Bar Association approved law school. The first step in applying for admission is to obtain a Certificate of Legal Education, which costs $400. For additional information please go to The State of New York Board of Law Examiner’s Page on Admission on Motion.

Contact

New York State Bar Association
1 Elk Street
Albany, NY 12207
Phone (518) 463-3200
Fax (518) 487-5517