New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle B - Courts
Chapter I - Court of Appeals
Subchapter C - Rules for Admission of Attorneys and Counselors-at-Law
Part 521 - Rules Of The Court Of Appeals For The Licensing Of Legal Consultants
Section 521.5 - Disciplinary provisions

Universal Citation: 22 NY Comp Codes Rules and Regs ยง 521.5

Current through Register Vol. 46, No. 39, September 25, 2024

A person licensed to practice as a legal consultant under this Rule shall be subject to professional discipline in the same manner and to the same extent as members of the bar of this State and to this end:

(a) Every person licensed to practice as a legal consultant under this Part:

(1) shall be subject to control by the Supreme Court and to censure, suspension, removal or revocation of his or her license to practice by the Appellate Division and shall otherwise be governed by subdivisions 2 through 10 of section 90 of the Judiciary Law; and

(2) shall execute and file with the Appellate Division, in the department in which he or she is licensed, in such form and manner as such Appellate Division may prescribe:
(i) his or her commitment to observe the applicable New York Rules of Professional Conduct and the rules of court governing members of the bar to the extent applicable to the legal services authorized under section 521.3 of this Part;

(ii) an undertaking or appropriate evidence of professional liability insurance, in such amount as such Appellate Division may prescribe, to assure his or her proper professional conduct and responsibility;

(iii) a written undertaking to notify the court of any change in such person's good standing as a member of the foreign legal profession referred to in section 521.1(a)(1) of this Part and of any final action of the professional body or public authority referred to in section 521.2(a) of this Part imposing any disciplinary censure, suspension, or other sanction upon such person; and

(iv) a duly acknowledged instrument, in writing, setting forth his or her address in this State and designating the clerk of such Appellate Division as his or her agent upon whom process may be served, with like effect as if served personally upon him or her, in any action or proceeding thereafter brought against him or her and arising out of or based upon any legal services rendered or offered to be rendered by him or her within or to residents of this State, whenever after due diligence service cannot be made upon him or her at such address or at such new address in this State as he or she shall have filed in the office of such clerk by means of a duly acknowledged supplemental instrument in writing.

(b) Service of process on such clerk, pursuant to the designation filed as aforesaid, shall be made by personally delivering to and leaving with such clerk, or with a deputy or assistant authorized by him or her to receive such service, at his or her office, duplicate copies of such process together with a fee of $10. Service of process shall be complete when such clerk has been so served. Such clerk shall promptly send one of such copies to the legal consultant to whom the process is directed, by certified mail, return receipt requested, addressed to such legal consultant at the address specified by him or her as aforesaid.

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