Authorizes a requirement of pro bono service as a condition of admission to the bar or attorney registration; exempts pro bono work performed pursuant to an agreement with the federal government if the federal government designates the recipients of the pro bono work or type or types or nature of such legal services; provides for the expiration of such provisions upon the expiration thereof.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8318B
SPONSOR: Lasher TITLE OF BILL:
An act to amend the judiciary law, in relation to pro bono service by
attorneys and candidates for admission to the bar; and providing for the
repeal of such provisions upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to ensure that New York state does not
recognize pro bono work resulting from the Trump Administration's unlaw-
ful extortion of private law firms and attack on the practice of law.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends subdivision 3 of section 53 of the judiciary law to
provide that any pro bono hours reported by a candidate for the admis-
sion to the bar cannot include pro bono provided pursuant to an agree-
ment with the federal government specifying the recipient or recipient
or type or type or types or nature of the legal services provided.
Section 2 amends subdivision 3 of section 468-a of the judiciary law to
provide that any pro bono hours reported on an attorney registration
statement cannot include pro bono provided pursuant to an agreement with
the federal government specifying the recipient or recipient or type or
type or types or nature of the legal services provided.
Section 3 creates a new section 484-a to the judiciary law to provide
that attorneys may not be required by law firms to perform pro bono
pursuant to an agreement between the law firm and the federal government
specifying the recipient or recipient or type or type or types or nature
of the legal services provided.
Section 4 states this act shall take effect on the one hundred eightieth
day after it shall have become law and shall expire and be deemed
repealed January 20, 2029.
JUSTIFICATION:,:
The Trump Administration issued executive orders against a number of
large law firms with a significant presence in New York restricting the
ability of attorneys at those law firms to obtain security clearances,
access government buildings and officials, and work on federal
contracts, The executive orders were solely predicated on the law firms'
retention of attorneys and clients with whom the Trump Administration
had political differences and would have had the effect of barring these
law firms from undertaking significant matters. To avoid the crippling
effects of those executive orders, most of these law firms entered into
agreements with the federal government to provide millions of dollars in
"pro bono legal concessions". The agreements purport to require law
firms to devote their pro bono resources in service of the Trump Admin-
istration's chosen causes, at the expense of pro bono legal services
provided to the most vulnerable among us.
As former New York Court of Appeals Chief Judge Jonathan Lippman said:
"We are fortunate that, in New York State, so many lawyers embrace a
culture of service, recognizing the ethical and social responsibility to
volunteer their time and legal expertise to help ensure that we are
providing for the justice needs of all." The Trump Administration's
extortionary agreements with law firms run afoul of the spirit of pro
bono in New York, both because they represent an interference with the
sacred right of attorneys to freely practice law in service of the
clients of their• choosing and they endanger access to pro bono legal
services for• vulnerable New Yorkers targeted by the Trump Adminis-
tration.
The bill will ensure that New York attorneys continue to provide and
report pro bono legal services irrespective of the pro bono hours
provided to these coercive extortionary agreements.
PRIOR LEGISLATIVE HISTORY:
None
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law and shall expire and be deemed repealed January
20,2029.
STATE OF NEW YORK
________________________________________________________________________
8318--B
2025-2026 Regular Sessions
IN ASSEMBLY
May 13, 2025
___________
Introduced by M. of A. LASHER -- read once and referred to the Committee
on Judiciary -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee -- again reported from
said committee with amendments, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the judiciary law, in relation to pro bono service by
attorneys and candidates for admission to the bar; and providing for
the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 53 of the judiciary law, as
2 amended by chapter 450 of the laws of 1994, is amended to read as
3 follows:
4 3. The court shall prescribe rules providing for a uniform system of
5 examination of candidates for admission to practice as attorneys and
6 counsellors, which shall govern the state board of law examiners in the
7 performance of its duties. Such rules may require a candidate for admis-
8 sion to the bar to complete a certain number of hours of qualifying pro
9 bono service prior to filing an application for admission; provided,
10 however, that such qualifying pro bono service shall not include any
11 hours assisting in the provision of legal services required pursuant to
12 an agreement between the candidate for admission's supervisor or the
13 supervisor's law firm and the federal government under which the federal
14 government specifies the recipient or recipients or type or types or
15 nature of such legal services. The court shall not by its rules cause to
16 be barred from examination or, upon successful completion of the exam-
17 ination process, subsequent admission to the state bar, provided [he or
18 she] the candidate shall otherwise meet any requirements for admission,
19 any person who is currently admitted to practice in the jurisdiction of
20 another state and has received a degree from a law school which quali-
21 fies such person to practice law in such state, other than a law school
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11929-09-5
A. 8318--B 2
1 which grants credit for correspondence courses, provided that such
2 person has been engaged in the actual practice of law in the state in
3 which they are admitted for no less than five years.
4 § 2. Subdivision 3 of section 468-a of the judiciary law, as added by
5 chapter 714 of the laws of 1981, is amended to read as follows:
6 3. The chief administrator shall prescribe the form in which such
7 registry of attorneys shall be maintained and the procedures for public
8 access thereto, and may make all such other rules and regulations neces-
9 sary and appropriate to implement and enforce the provisions of this
10 section. Such form may require an attorney to report the number of hours
11 of pro bono service completed by the attorney at the time the attorney
12 files a biennial registration statement; provided, however, that such
13 qualifying pro bono service shall not include any hours assisting in the
14 provision of legal services required pursuant to an agreement between an
15 attorney or the attorney's law firm and the federal government under
16 which the federal government specifies the recipient or recipients or
17 type or types or nature of such legal services.
18 § 3. The judiciary law is amended by adding a new section 484-a to
19 read as follows:
20 § 484-a. Compulsory legal services prohibited. No law firm employer in
21 the state of New York may require an employee to assist in the provision
22 of legal services provided pursuant to an agreement between the law firm
23 and the federal government under which the federal government specifies
24 the recipient or recipients or type or types or nature of such legal
25 services.
26 § 4. This act shall take effect on the one hundred eightieth day after
27 it shall have become a law and shall expire and be deemed repealed Janu-
28 ary 20, 2029. Effective immediately, the addition, amendment and/or
29 repeal of any rule or regulation necessary for the implementation of
30 this act on its effective date are authorized to be made and completed
31 on or before such effective date.
