Current through Register Vol. 46, No. 12, March 20, 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.