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S01998 Summary:

S01998 Actions:

S01998 Floor Votes:

S01998 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1998--A
            Cal. No. 38
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                    January 14, 2011
                                       ___________
 
        Introduced  by  Sens.  FUSCHILLO, AVELLA, DeFRANCISCO, HASSELL-THOMPSON,
          LARKIN, SALAND -- read twice and ordered printed, and when printed  to
          be  committed  to  the  Committee  on  Judiciary -- recommitted to the
          Committee on Judiciary in accordance with Senate Rule  6,  sec.  8  --

          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading
 
        AN  ACT to amend the judiciary law, in relation to practicing or appear-
          ing as an attorney-at-law without being admitted and registered
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 478 of the judiciary law, as amended by chapter 201
     2  of the laws of 1993, is amended to read as follows:
     3    § 478. Practicing or appearing as attorney-at-law without being admit-
     4  ted and registered. It shall be unlawful for any natural person to prac-
     5  tice or appear as an attorney-at-law or as an attorney and counselor-at-

     6  law  for  a person other than himself or herself in a court of record in
     7  this state, or to furnish attorneys or counsel or an attorney and  coun-
     8  sel  to  render legal services, or to hold himself or herself out to the
     9  public as being entitled to practice law as aforesaid, or in  any  other
    10  manner,  or  to  assume  to  be  an  attorney or counselor-at-law, or to
    11  assume, use, or advertise the title of lawyer, or attorney  and  counse-
    12  lor-at-law,  or  attorney-at-law  or  counselor-at-law,  or attorney, or
    13  counselor, or  attorney  and  counselor,  or  equivalent  terms  in  any
    14  language, in such manner as to convey the impression that he or she is a
    15  legal  practitioner  of law or in any manner to advertise that he or she
    16  either alone or together with any other persons  or  person  has,  owns,

    17  conducts  or  maintains  a  law  office or law and collection office, or
    18  office of any kind for the practice of law, without  having  first  been
    19  duly  and  regularly licensed and admitted to practice law in the courts
    20  of record of this state, and without  having  taken  the  constitutional
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00471-09-2
        S. 1998--A                          2
 
     1  oath.  Provided,  however, that nothing in this section shall be held to
     2  apply (1) to officers of societies for  the  prevention  of  cruelty  to
     3  animals,  duly  appointed,  when exercising the special powers conferred
     4  upon  such corporations under section fourteen hundred three of the not-

     5  for-profit corporation law; or (2) to law students who have completed at
     6  least two semesters of law school or persons who have graduated  from  a
     7  law  school,  who  have taken the examination for admittance to practice
     8  law in the courts of record in the  state  immediately  available  after
     9  graduation  from  law  school,  or the examination immediately available
    10  after being notified by the board of law examiners that they  failed  to
    11  pass said exam, and who have not been notified by the board of law exam-
    12  iners  that they have failed to pass two such examinations, acting under
    13  the supervision of a legal  aid  organization  when  such  students  and
    14  persons are acting under a program approved by the appellate division of
    15  the  supreme  court  of  the department in which the principal office of
    16  such organization is located and specifying the  extent  to  which  such

    17  students  and  persons  may engage in activities otherwise prohibited by
    18  this statute; or (3) to law students who have  completed  at  least  two
    19  semesters  of  law  school,  or to persons who have graduated from a law
    20  school approved pursuant to the rules of the court of  appeals  for  the
    21  admission  of  attorneys  and  counselors-at-law  and who have taken the
    22  examination for admission to practice as an attorney  and  counselor-at-
    23  law  immediately available after graduation from law school or the exam-
    24  ination immediately available after being notified by the board  of  law
    25  examiners  that  they  failed  to  pass said exam, and who have not been
    26  notified by the board of law examiners that they have failed to pass two
    27  such examinations, when such students or persons are  acting  under  the
    28  supervision  of  the state or a subdivision thereof or of any officer or

    29  agency of the state or a subdivision  thereof,  pursuant  to  a  program
    30  approved  by  the appellate division of the supreme court of the depart-
    31  ment within which such activities are taking place  and  specifying  the
    32  extent  to  which  they may engage in activities otherwise prohibited by
    33  this statute and those powers of the supervising governmental entity  or
    34  officer  in connection with which they may engage in such activities; or
    35  (4) an attorney and counselor-at-law or the equivalent who  is  admitted
    36  to  the bar in another state, territory, district or foreign country and
    37  who has been admitted to practice pro hac vice in the state of New York.
    38    § 2. Section 485 of the judiciary law, as added by chapter 1031 of the
    39  laws of 1965, is amended to read as follows:

    40    § 485. Violation of certain preceding sections a misdemeanor.    [Any]
    41  Except  as  provided in section four hundred eighty-five-a of this arti-
    42  cle, any person violating the  provisions  of  [sections]  section  four
    43  hundred  seventy-eight,  four hundred seventy-nine, four hundred eighty,
    44  four hundred eighty-one, four hundred eighty-two, four  hundred  eighty-
    45  three  or four hundred eighty-four of this article, shall be guilty of a
    46  misdemeanor.
    47    § 3. The judiciary law is amended by adding a  new  section  485-a  to
    48  read as follows:
    49    §  485-a.  Violation  of certain sections a class E felony. Any person
    50  who violates the provisions of sections four hundred seventy-eight, four
    51  hundred eighty-four, four hundred eighty-six or four hundred ninety-five

    52  of this article is guilty of a class E felony when he or she: (1) either
    53  impersonates an attorney or offers legal services to the public under  a
    54  title other than attorney; and (2) causes another person to suffer mone-
    55  tary  loss  or  damages exceeding one thousand dollars or other material
        S. 1998--A                          3
 
     1  damage resulting from impairment of a legal right to which he or she  is
     2  entitled according to law.
     3    § 4. Section 486 of the judiciary law, as added by chapter 1031 of the
     4  laws of 1965, is amended to read as follows:
     5    §  486. Practice of law by attorney who has been disbarred, suspended,
     6  or convicted of a felony. Any person whose admission to practice  as  an
     7  attorney  and  counselor-at-law has been revoked or who has been removed

     8  from office as attorney and counselor-at-law or, being an  attorney  and
     9  counselor-at-law,  has  been convicted of a felony or has been suspended
    10  from practice and has not been duly and regularly reinstated,  who  does
    11  any  act  forbidden  by the provisions of this article to be done by any
    12  person not regularly admitted to practice law in the courts of record of
    13  this state, unless the judgment, decree or order  suspending  him  shall
    14  permit  such  act,  shall  be  guilty  of a misdemeanor unless otherwise
    15  provided by section four hundred eighty-five-a of this article.
    16    § 5. Subdivision 3 of section 495 of the judiciary law,  as  added  by
    17  chapter 1031 of the laws of 1965, is amended to read as follows:
    18    3.  No  voluntary  association  or  corporation  shall  ask or receive
    19  directly or indirectly, compensation  for  preparing  deeds,  mortgages,

    20  assignments, discharges, leases, or any other instruments affecting real
    21  estate,  wills, codicils, or any other instruments affecting disposition
    22  of property after death or decedents' estates, or pleadings of any  kind
    23  in  actions or proceedings of any nature. Any association or corporation
    24  violating the provisions of this subdivision is guilty of a  misdemeanor
    25  unless  otherwise provided by section four hundred eighty-five-a of this
    26  article.
    27    § 6. This act shall take effect on the first of November next succeed-
    28  ing the date on which it shall have become a law.