Bill Text: NY S08648 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to temporarily suspending the two-fail qualification for practice of law prior to passing the bar exam, and permits certain law graduates who have not yet had the opportunity to take the bar exam to practice under attorney supervision.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2020-07-08 - PRINT NUMBER 8648A [S08648 Detail]

Download: New_York-2019-S08648-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8648

                    IN SENATE

                                      July 1, 2020
                                       ___________

        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the judiciary law, in relation to temporarily suspending
          the two-fail qualification for practice of law prior  to  passing  the
          bar  exam for law graduates representing indigent clients; and provid-
          ing 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. Section 478 of the judiciary law, as amended by chapter 22
     2  of the laws of 2013, 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
    21  oath. Provided, however, that nothing in this section shall be  held  to
    22  apply  (1)  to  officers  of  societies for the prevention of cruelty to
    23  animals, duly appointed, when exercising the  special  powers  conferred
    24  upon  such corporations under section fourteen hundred three of the not-
    25  for-profit corporation law; or (2) to law students who have completed at
    26  least two semesters of law school or persons who have graduated  from  a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16602-03-0
        S. 8648                             2

     1  law  school,  who  have taken the examination for admittance to practice
     2  law in the courts of record in the  state  immediately  available  after
     3  graduation  from  law  school,  or the examination immediately available
     4  after  being  notified by the board of law examiners that they failed to
     5  pass said exam, [and who have not been notified  by  the  board  of  law
     6  examiners  that  they  have failed to pass two such examinations] or who
     7  have taken and failed to pass such exam one or more times, acting  under
     8  the  supervision  of  a  legal  aid  organization when such students and
     9  persons are acting under a program approved by the appellate division of
    10  the supreme court of the department in which  the  principal  office  of
    11  such  organization  is  located  and specifying the extent to which such
    12  students and persons may engage in activities  otherwise  prohibited  by
    13  this  statute;  or  (3)  to law students who have completed at least two
    14  semesters of law school, or to persons who have  graduated  from  a  law
    15  school  approved  pursuant  to the rules of the court of appeals for the
    16  admission of attorneys and counselors-at-law  and  who  have  taken  the
    17  examination  for  admission to practice as an attorney and counselor-at-
    18  law immediately available after graduation from law school or the  exam-
    19  ination  immediately  available after being notified by the board of law
    20  examiners that they failed to pass said exam,  and  who  have  not  been
    21  notified by the board of law examiners that they have failed to pass two
    22  such  examinations,  when  such students or persons are acting under the
    23  supervision of the state or a subdivision thereof or of any  officer  or
    24  agency  of  the  state  or  a subdivision thereof, pursuant to a program
    25  approved by the appellate division of the supreme court of  the  depart-
    26  ment  within  which  such activities are taking place and specifying the
    27  extent to which they may engage in activities  otherwise  prohibited  by
    28  this  statute and those powers of the supervising governmental entity or
    29  officer in connection with which they may engage in such activities;  or
    30  (4)  an  attorney and counselor-at-law or the equivalent who is admitted
    31  to the bar in another state, territory, district or foreign country  and
    32  who  has been admitted to practice pro hac vice in the state of New York
    33  within the limitations prescribed in the rules of the court of  appeals;
    34  or (5) an attorney licensed as a legal consultant under rules adopted by
    35  the  court of appeals pursuant to subdivision six of section fifty-three
    36  of this chapter and rendering legal services in the state within limita-
    37  tions prescribed in such rules.
    38    § 2. This act shall take effect immediately and shall expire upon  the
    39  expiration  of  the  declared  state  of emergency relating to the novel
    40  coronavirus (COVID-19), when upon such date the provisions of  this  act
    41  shall  be  deemed repealed; provided, that the commissioner of education
    42  shall notify the legislative bill drafting commission  upon  the  occur-
    43  rence  of  the  expiration  of  the state disaster emergency declared by
    44  executive order number 202 and any further amendments or  modifications,
    45  and  as  may be further extended pursuant to section 28 of the executive
    46  law, in order that the commission may maintain an  accurate  and  timely
    47  effective data base of the official text of the laws of the state of New
    48  York  in furtherance of effectuating the provisions of section 44 of the
    49  legislative law and section 70-b of the public officers law.