A5700A-2011 Actions

• Jun 20, 2012: substituted by s1998a
• Jun 20, 2012: rules report cal.441
• Jun 20, 2012: reported
• Jun 19, 2012: reported referred to rules
• Jun 5, 2012: reported referred to codes
• Apr 2, 2012: print number 5700a
• Apr 2, 2012: amend and recommit to judiciary
• Jan 4, 2012: referred to judiciary
• Feb 25, 2011: referred to judiciary

A5700A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 5700--A
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 25, 2011
 
 Introduced  by  M. of A. BRAUNSTEIN, DenDEKKER, REILLY, ROBERTS, JAFFEE,
 STEVENSON, MENG, BRONSON -- Multi-Sponsored by --  M.  of  A.  CROUCH,
 GABRYSZAK,  JORDAN, LOSQUADRO, MALLIOTAKIS, MARKEY, McKEVITT, MONTESA
 NO, TENNEY -- read once and referred to the Committee on Judiciary  -
 recommitted  to the Committee on Judiciary in accordance with Assembly
 Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
 reprinted as amended and recommitted to said committee
 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:

 

Section 1.

Section 478 of the judiciary law, as amended by chapter 201
 of the laws of 1993, is amended to read as follows:

 

S 478. Practicing or appearing as attorney-at-law without being admit
 ted and registered. It shall be unlawful for any natural person to prac
 tice or appear as an attorney-at-law or as an attorney and counselor-at
 law  for  a person other than himself OR HERSELF in a court of record in
 this state, or to furnish attorneys or counsel or an attorney and  coun
 sel  to  render legal services, or to hold himself OR HERSELF out to the
 public as being entitled to practice law as aforesaid, or in  any  other
 manner,  or  to  assume  to  be  an  attorney or counselor-at-law, or to
 assume, use, or advertise the title of lawyer, or attorney  and  counse
 lor-at-law,  or  attorney-at-law  or  counselor-at-law,  or attorney, or
 counselor, or  attorney  and  counselor,  or  equivalent  terms  in  any
 language, in such manner as to convey the impression that he OR SHE is a
 legal  practitioner  of law or in any manner to advertise that he OR SHE
 either alone or together with any other persons  or  person  has,  owns,
 conducts  or  maintains  a  law  office or law and collection office, or
 office of any kind for the practice of law, without  having  first  been
 duly  and  regularly licensed and admitted to practice law in the courts
 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.
 LBD00471-10-2
 
       A. 5700--A                          2
 oath.  Provided,  however, that nothing in this section shall be held to
 apply (1) to officers of societies for  the  prevention  of  cruelty  to
 animals,  duly  appointed,  when exercising the special powers conferred
 upon  such corporations under section fourteen hundred three of the not
 for-profit corporation law; or (2) to law students who have completed at
 least two semesters of law school or persons who have graduated  from  a
 law  school,  who  have taken the examination for admittance to practice
 law in the courts of record in the  state  immediately  available  after
 graduation  from  law  school,  or the examination immediately available
 after being notified by the board of law examiners that they  failed  to
 pass said exam, and who have not been notified by the board of law exam
 iners  that they have failed to pass two such examinations, acting under
 the supervision of a legal  aid  organization  when  such  students  and
 persons are acting under a program approved by the appellate division of
 the  supreme  court  of  the department in which the principal office of
 such organization is located and specifying the  extent  to  which  such
 students  and  persons  may engage in activities otherwise prohibited by
 this statute; or (3) to law students who have  completed  at  least  two
 semesters  of  law  school,  or to persons who have graduated from a law
 school approved pursuant to the rules of the court of  appeals  for  the
 admission  of  attorneys  and  counselors-at-law  and who have taken the
 examination for admission to practice as an attorney  and  counselor-at
 law  immediately available after graduation from law school or the exam
 ination immediately available after being notified by the board  of  law
 examiners  that  they  failed  to  pass said exam, and who have not been
 notified by the board of law examiners that they have failed to pass two
 such examinations, when such students or persons are  acting  under  the
 supervision  of  the state or a subdivision thereof or of any officer or
 agency of the state or a subdivision  thereof,  pursuant  to  a  program
 approved  by  the appellate division of the supreme court of the depart
 ment within which such activities are taking place  and  specifying  the
 extent  to  which  they may engage in activities otherwise prohibited by
 this statute and those powers of the supervising governmental entity  or
 officer  in connection with which they may engage in such activities; OR
 (4) AN ATTORNEY AND COUNSELOR-AT-LAW OR THE EQUIVALENT WHO  IS  ADMITTED
 TO  THE BAR IN ANOTHER STATE, TERRITORY, DISTRICT OR FOREIGN COUNTRY AND
 WHO HAS BEEN ADMITTED TO PRACTICE PRO HAC VICE IN THE STATE OF NEW YORK.
 

S 2.

Section 485 of the judiciary law, as added by chapter 1031 of the
 laws of 1965, is amended to read as follows:

 

S 485. Violation of certain preceding sections a misdemeanor.    [Any]
 EXCEPT  AS  PROVIDED IN SECTION FOUR HUNDRED EIGHTY-FIVE-A OF THIS ARTI
 CLE, ANY person violating the  provisions  of  [sections]  SECTION  four
 hundred  seventy-eight,  four hundred seventy-nine, four hundred eighty,
 four hundred eighty-one, four hundred eighty-two, four  hundred  eighty
 three  or four hundred eighty-four OF THIS ARTICLE, shall be guilty of a
 misdemeanor.
 

S 3. The judiciary law is amended by adding a  new  section  485-a  to
 read as follows:

 

S  485-A.  VIOLATION  OF CERTAIN SECTIONS A CLASS E FELONY. ANY PERSON
 WHO VIOLATES THE PROVISIONS OF SECTIONS FOUR HUNDRED SEVENTY-EIGHT, FOUR
 HUNDRED EIGHTY-FOUR, FOUR HUNDRED EIGHTY-SIX OR FOUR HUNDRED NINETY-FIVE
 OF THIS ARTICLE IS GUILTY OF A CLASS E FELONY WHEN HE OR SHE: (1) EITHER
 IMPERSONATES AN ATTORNEY OR OFFERS LEGAL SERVICES TO THE PUBLIC UNDER  A
 TITLE OTHER THAN ATTORNEY; AND (2) CAUSES ANOTHER PERSON TO SUFFER MONE
 TARY  LOSS  OR  DAMAGES EXCEEDING ONE THOUSAND DOLLARS OR OTHER MATERIAL
 
       A. 5700--A                          3
 DAMAGE RESULTING FROM IMPAIRMENT OF A LEGAL RIGHT TO WHICH HE OR SHE  IS
 ENTITLED ACCORDING TO LAW.
 

S 4.

Section 486 of the judiciary law, as added by chapter 1031 of the
 laws of 1965, is amended to read as follows:

 

S  486. Practice of law by attorney who has been disbarred, suspended,
 or convicted of a felony. Any person whose admission to practice  as  an
 attorney  and  counselor-at-law has been revoked or who has been removed
 from office as attorney and counselor-at-law or, being an  attorney  and
 counselor-at-law,  has  been convicted of a felony or has been suspended
 from practice and has not been duly and regularly reinstated,  who  does
 any  act  forbidden  by the provisions of this article to be done by any
 person not regularly admitted to practice law in the courts of record of
 this state, unless the judgment, decree or order  suspending  him  shall
 permit  such  act,  shall  be  guilty  of a misdemeanor UNLESS OTHERWISE
 PROVIDED BY SECTION FOUR HUNDRED EIGHTY-FIVE-A OF THIS ARTICLE.
 

S 5. Subdivision 3 of section 495 of the judiciary law,  as  added  by
 chapter 1031 of the laws of 1965, is amended to read as follows:

 3.  No  voluntary  association  or  corporation  shall  ask or receive
 directly or indirectly, compensation  for  preparing  deeds,  mortgages,
 assignments, discharges, leases, or any other instruments affecting real
 estate,  wills, codicils, or any other instruments affecting disposition
 of property after death or decedents' estates, or pleadings of any  kind
 in  actions or proceedings of any nature. Any association or corporation
 violating the provisions of this subdivision is guilty of a  misdemeanor
 UNLESS  OTHERWISE PROVIDED BY SECTION FOUR HUNDRED EIGHTY-FIVE-A OF THIS
 ARTICLE.
 

S 6. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.

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