Current through Register Vol. 46, No. 39, September 25, 2024
(a) General. An attorney and
counselor-at-law or the equivalent who is a member in good standing of the bar
of another state, territory, district or foreign country may be admitted pro
hac vice:
(1) in the discretion
of any court of record, to participate in any matter in which the attorney is
employed; or
(2) in
the discretion of the Appellate Division, provided applicant is a graduate of
an approved law school, to advise and represent clients and participate in any
matter during the continuance of applicant's employment or association with an
organization described in subdivision 7 of section
495 of the
Judiciary Law or during employment with a District Attorney, Corporation
Counsel or the Attorney General, but in no event for longer than 18
months.
(b) New York Law students. A graduate
student or graduate assistant at an approved law school in New York State may
be admitted pro hac vice in the discretion of the Appellate Division, to advise
and represent clients or participate in any matter during the continuance of
applicant's enrollment in an approved law school in New York State as a
graduate student or graduate assistant, or during applicant's employment as a
law school teacher in an approved law school in New York State, if applicant is
in good standing as an attorney and counselor-at-law or the equivalent of the
bar of another state, territory, district or foreign country and is engaged to
advise or represent the client through participation in an organization
described in subdivision 7 of section
495 of the
Judiciary Law or during employment with a District Attorney, corporation
counsel or the Attorney General, but in no event for longer than 18
months.
(c)
Association of New York counsel. No attorney may be admitted pro hac vice
pursuant to paragraph (a)(1) of this section to participate in pre-trial or
trial proceedings unless he or she is associated with an attorney who is a
member in good standing of the New York bar, who shall be the attorney of
record in the matter.
(d) Provision of legal services
following determination of major disaster.
(1) Determination of existence of major
disaster. Upon the declaration of a state of disaster or emergency by the
Governor of New York or of another jurisdiction, for purposes of this
subdivision, this court shall determine whether an emergency exists affecting
the justice system.
(2) Temporary pro bono practice
following the determination of a major disaster. Following a determination by
this court that persons residing in New York are:
(i) affected by a state of disaster or
emergency in the entirety or a part of New York; or
(ii) displaced by a declared
state of disaster or emergency in another jurisdiction, and such persons are in
need of pro bono services and the assistance of attorneys from outside of New
York is required to help provide such services, an attorney authorized to
practice law in another United States jurisdiction may provide legal services
in New York on a temporary basis. Such legal services must be provided on a pro
bono basis without compensation from the client, or expectation of compensation
or other direct or indirect pecuniary gain to the attorney from the client.
Such legal services shall be assigned and supervised through an established
not-for-profit bar association in New York or an organization described in
subdivision 7 of section
495 of the
Judiciary Law.
(3) Other temporary practice following
the determination of a major disaster. Following the determination of a major
disaster in another United States jurisdiction - after such a declaration of a
state of disaster or emergency and its geographical scope have been made by the
Governor and a determination of the highest court of that jurisdiction that an
emergency exists affecting the justice system - an attorney who has been
authorized to practice law and is in good standing in that jurisdiction and who
principally practices in that affected jurisdiction may provide legal services
in New York on a temporary basis in association with an attorney admitted and
in good standing in New York. The authority to engage in the temporary practice
of law in New York pursuant to this paragraph shall extend only to attorneys
who principally practice in the area of such other jurisdiction determined to
have suffered a major disaster causing an emergency affecting the justice
system and the provision of legal services. Those legal services shall be
limited to:
(i) representing
clients with respect to matters that the attorney was handling prior to the
disaster; and
(ii)
new matters in the area affected by the disaster that the attorney could have
handled but is unable to do so because:
(a) the attorney's ability to practice
in the jurisdiction affected by the disaster has been limited by the disaster;
and/or
(b) the client
has temporarily relocated from the disaster area to another jurisdiction
because of the disaster.
(4) Duration of authority for temporary
practice. The authority to practice law in New York granted by paragraph (2) of
this subdivision shall end when this court determines that the conditions
caused by the major disaster in New York have ended except that an attorney
then representing clients in New York pursuant to paragraph (2) of this
subdivision is authorized to continue the provision of legal services for such
time as is reasonably necessary to complete the representation, but the
attorney shall not thereafter accept new clients. The authority to practice law
in New York granted by paragraph (3) of this subdivision shall end 60 days
after either the Governor or this court declares that the conditions caused by
the major disaster in the affected jurisdiction have ended.
(5) Court appearances. The
authority granted by this subdivision does not include appearances in court
except pursuant to subdivision (a) of this section.
(6) Admission and registration
requirement. An attorney may be admitted pro hac vice in the discretion of the
Appellate Division, provided the applicant is a graduate of an approved law
school and is not disbarred, suspended from practice or otherwise restricted
from practice in any jurisdiction, to provide legal services in New York
pursuant to paragraph (2) or (3) of this subdivision. Such applicant must file
a registration statement with the Office of Court Administration before the
commencement of the provision of legal services. The application shall be in a
form prescribed by the Appellate Division and the registration statement shall
be in a form prescribed by the Office of Court Administration.
(7) Notification to clients.
Attorneys authorized to practice law in another United States jurisdiction who
provide legal services pursuant to this subdivision shall inform clients in New
York of the jurisdiction in which they are authorized to practice law, any
limits of that authorization, and the limitations on their authorization to
practice law in New York as permitted by this subdivision. They shall not state
or imply to any person that they are otherwise authorized to practice law in
New York.
(e) Professional responsibility
requirements. An attorney admitted pro hac vice pursuant to this section:
(1) shall be familiar with and
shall comply with the standards of professional conduct imposed upon members of
the New York bar, including the rules of court governing the conduct of
attorneys and the Rules of Professional Conduct; and
(2) shall be subject to the
jurisdiction of the courts of this State with respect to any acts occurring
during the course of the attorney's participation in the matter.
