Current through Register Vol. 46, No. 52, December 24, 2024
(a)
In-House Counsel defined. An in-house counsel is an attorney who is employed
full time or part time in this State by a nongovernmental corporation,
partnership, association, or other legal entity, including its subsidiaries and
organizational affiliates, that is not itself engaged in the practice of law or
the rendering of legal services outside such organization. An attorney is not
required to reside in New York State or an adjacent state in order to register
under this Part.
(b) In its
discretion, and in accordance with Section
522.1(a), the
Appellate Division may register as in-house counsel an applicant who:
(1)
(i) has
been admitted to practice in the highest law court in any other state or
territory of the United States or in the District of Columbia; or
(ii) is a member in good standing of a
recognized legal profession in a foreign jurisdiction, the members of which are
admitted to practice as lawyers or counselors at law or the equivalent and
subject to effective regulation by a duly constituted professional body or
public authority where such an authority both exists and holds in good standing
compliant members employed as in-house counsel; or
(iii) where no such authority exists, or
where such authority exists but suspends the membership of members employed as
in-house counsel, is trained and licensed as a lawyer in a foreign jurisdiction
and eligible to join the bar of such foreign jurisdiction, if such bar exists,
or is otherwise eligible to engage in the private practice of law in such
jurisdiction, upon ceasing to be employed as in-house counsel;
(2)
(i) is currently admitted to the bar as an
active member in good standing in at least one other jurisdiction, within the
United States, which would similarly permit an attorney admitted to practice in
this State to register as in-house counsel;
(ii) was admitted to the bar in at least one
other jurisdiction outside the United States and either is a current active
member in good standing or has a bar membership that has been suspended because
the applicant is employed as in-house counsel, but the applicant is eligible to
again become an active member in good standing upon a showing that the
applicant is no longer working as in-house counsel; or
(iii) is otherwise trained as a lawyer and
permitted to provide legal services in a foreign jurisdiction and eligible to
join the bar of such foreign jurisdiction, if such a bar exists, upon ceasing
to be employed as in-house counsel; and
(3) possesses the good moral character and
general fitness requisite for a member of the bar of this State.
