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 524 - Rules of the Court of Appeals for the Temporary Authorization of Certain Law graduates To Engage in the Supervised Practice of Lawin New York
Section 524.3 - Scope of supervised practice
Universal Citation: 22 NY Comp Codes Rules and Regs ยง 524.3
Current through Register Vol. 46, No. 39, September 25, 2024
(a) With the approval of the Appellate Division of the Supreme Court, the applicant is authorized to perform, under the supervision of a supervising attorney and subject to the terms of the order of the Appellate Division of the Supreme Court, and subject to the limitations set forth in paragraph (b) below, the functions of an attorney and counselor-at-law throughout the State.
(b) Limitations on authorized practice.
(1) A supervising attorney shall be actually
present to supplement or correct any written or oral statement, or any action
of the applicant in all (i) examinations before trial and (ii) cases in which
the applicant appears before a court, except for routine calendar calls. If a
supervising attorney is not available and present, the matter may not proceed.
For routine calendar calls, a supervising attorney shall be immediately
available to appear should the need arise. In all circumstances, the
applicant's appearance shall be on notice to the jurist before whom the
appearance is made.
(2) A
supervising attorney must approve the final versions of all legal and
litigation documents drafted by the applicant, and the supervising attorney's
name must appear thereon. Where a signature is required by section 130 of the
Rules of the Chief Administrator of the Courts (22 NYCRR Part 130), the paper
shall be signed by a qualified supervisor.
(3) The applicant may not open or maintain
any attorney escrow account and may not be a signatory on any attorney escrow
account.
(4) The applicant may not
finally dispose of any matter without the prior approval of a supervising
attorney.
(5) Whenever appearing
before the Court of Appeals or the Appellate Division of the Supreme Court, the
applicant must secure prior Court approval.
(c) Nothing in this Part shall be construed to limit any authority to practice law pursuant to other rules or laws of this State.
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