New York Codes, Rules and Regulations, Chapter V, Proposed uniform application for admission to the bar | New York Codes, Rules and Regulations

1. This is a statement made under oath. Applicant's failure fully and accurately to disclose any fact or information called for by any question may result in the denial of the application for admission, or if applicant shall have been admitted before the discovery thereof, in the revocation of his license to practice law.

2. Answers must be in black ink, preferably in typewriting, but may be in applicant's handwriting or hand printing.

3. Unless otherwise indicated, every question and every part of each question must be answered, even though the answer be negative.

4. Where "Yes" or "No" suffices, employ that form in answer.

5. If the applicant cannot comply with any of the requirements, he must state in detail the efforts he has made to comply and why he cannot. Answers on information and belief will be accepted only in connection with matters which the applicant cannot be expected to remember because of extreme youth or other equally sufficient reason. All statements made on information and belief must be so designated in the sworn statement, and the sources of information must be given.

6. Should the space left for any answer be insufficient, the applicant shall complete his answer on a rider page, attached to page 11 hereof, specifying the number of the question to which it relates. More than one rider may occupy a rider page. Each rider page should be signed. Avoid riders whenever possible.

7. In stating addresses give street and number, if any, city village, county and state or foreign country.

8. In giving a period which is continuing at the date of verification of this sworn statement, always give such period as continuing "to date."

1.

(a) State name in full

(First) (Middle) (Last)

Have you ever used or been known by any other name?

________. If so, state in full each name (other than the name above given) which you have used or by which you have at any time been known, the period of, and the reasons for, the use of each such name. (If change of name was made by court order, submit a certified copy of the order; if by marriage, so state.)

____________

Social Security Number ________.

2. State the following:

Age, date, and place of birth.

____________

Are you a citizen of the United States? ________.

If you are a naturalized or derivative citizen, give the date when and place where naturalization or right to derivative status was acquired, the number of certificate of naturalization, and when submitting papers, exhibit certificate of naturalization or equivalent from any governmental office. (Such certificate will be returned.)

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Present residence (full mailing address).

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Full name of all persons with whom you are presently living, and relationship to you.

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Length of actual residence in the State of New York immediately preceding the submission of this application.

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3. State whether married or single ________. If ever married, answer the following:

When, where, and to whom married; give spouse's full name, together with any other name by which spouse has been known. (If married more than once, list marriages chronologically.)

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Do you reside with your spouse? ________. If not, state reasons for separation (if through divorce, annulment or separation, submit certified copy of decree, judgment or order FOR EACH SUCH ACTION.

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4. Give the following information relating to your parents:

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5. Give the following information as to residence:

The cities and states or countries in which you resided for more than three months from the date of your birth until you first entered high school or its equivalent. (If answer is on information and belief, state source of information.)

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The full and exact address of your residence at the time you first entered high school or its equivalent.

____________

List below, every permanent and temporary residence you have 'ever had including the present, in the United States or elsewhere, since first entering high school or its equivalent with exact address of each, and the month and year of the beginning and ending of each such residence. (Exclude military addresses, unless off base.)

____________

Permanent Residences

(List same chronologically beginning with the earliest date. Temporary residences, which are residences away from home for educational, business or other special purposes, are to be listed on next page. Do not interrupt the continuity of the periods of permanent residence by subtracting periods of temporary residence.)

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(Continue permanent residences if necessary, and give temporary residences on next page.)

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6. List all schools below college level attended, giving month and year of beginning and ending of attendance at each.

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Did you graduate from high school? ________. Date of graduation ________.

7. List colleges, universities and professional schools (other than law schools) attended, giving month and year of the beginning and ending of attendance at each, and degrees received. If you did not receive a degree, state the reason.

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8. If you did not receive a college degree before entering law school, give date of filing Law Student's Qualifying Certificate ________.

9. List law schools attended, giving month and year of the beginning and ending of attendance at each, and degrees received. If you did not receive a degree, state the reason.

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10.

(a) Have you ever been denied admission to any school, college, law school, or other similar institution for cause which might reflect upon your character? ________

(b) Have you ever been placed on probation, or dropped, or suspended or expelled from, or have you withdrawn from or left, any institution of learning above elementary school level, or otherwise been subjected to discipline for conduct by any such institution, or requested [or advised] for any reason to discontinue your studies in any law school? ________

If your answer is "Yes" to either (a) or (b), give the name of any such institution and state the circumstances and date of each such occurrence.

____________

11. Are you now or have you ever been employed in a business, profession or occupation other than law? ________ If so, enumerate all such employments in chronological order. Include employments by members of family or other relatives and employments with or without monetary compensation.

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12. Are you now or have you ever been employed in or associated with any law office, law department or legal institution? ________ If so, enumerate all such employments and associations in chronological order. Include employments by members of family or other relatives and employments with or without monetary compensation. Submit affidavit from each employer containing nature of employment period of service, whether or not satisfactory and reason for termination.

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13. Are you now, or have you ever been engaged on your own account or with others in any occupation, business or profession? ________

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If so, give in detail the nature and location thereof and the month and year of the beginning and ending of your engagement in or connection therewith. If any such business was carried on by you in partnership with others, give the names and addresses of all partners and the nature of the business. If the business was carried on by a corporation in which you held any office state its name, address, nature of the business and your connection with it.

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List any actions now pending against any such firm or corporation in which you now hold any office, and any judgments entered against it during the period of your association with it.

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14. Have you ever been discharged by any employer? ________

If so, give the name of each such employer stating date, cause and circumstances of discharge.

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15. Do you affirmatively represent that, in connection with all your employments, your services were satisfactory and that you were not discharged nor were your services terminated for cause, nor were you requested or advised to resign from or leave any such position? ________ If answer is "No" give full details as to each such incident.

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16.

(a) Have you ever heretofore applied for admission to the Bar of the State of New York in this or any other Department (see CPLR 9405)?

____________

Have you ever engaged in or has your conduct ever been called into question with reference to the unauthorized practice of law? ________

Have you ever been employed by or otherwise connected with any person, firm, or corporation whose conduct was called into question on the subject of unauthorized practice of law while you were so employed or connected?________

Have you ever tried any action or proceeding, argued any motion, drawn legal papers, given legal advice or held yourself out as an attorney or counselor-at- law in this State? ________

If your answer is "Yes" as to any part of this question, state the matter fully.

____________

17.

(a) Have you ever, either registered as a law student, or applied to take or taken the bar examination in any country, state or jurisdiction other than the State of New York? ________

(b) Have you ever applied for admission to practice as an attorney or counselor in any country, state or jurisdiction other than the State of New York? ________

If your answer to (a) or (b) is "Yes", state specifically the disposition made of the application or the result of the bar examination. If admitted, state (a) the name and address of each court by which admitted, the date of such admission, the periods of practice and all the office addresses where you have practiced, with the names and addresses of partners, if any, and (b) whether you have ever been reprimanded, disciplined, suspended, or disbarred as an attorney or counselor-at-law, or whether any charges or complaints have ever been preferred against you, and if so, the nature of the charges and their disposition.

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(Applicants admitted in other jurisdictions must submit a certificate of admission and good standing at the Bar of each court to which admitted and a letter from each Grievance Committee, or body entertaining complaints against lawyers, certifying as to whether charges have been filed with such Committee or body against the applicant, and, if so, the substance of charges and the disposition thereof.)

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18. Are you registered for Selective Service? ________ If so, submit photocopy of your current classification card.

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19. Have you ever been rejected for service in any of the armed forces of the United States or of any other country? ________ If your answer is "Yes", give date and reason, stating facts fully, whether the reason be physical, mental, moral or otherwise.

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20.

(a) Have you at any time or in any manner, served in any of the armed forces of the United States, including reserves? ________If the answer is "Yes", state (1) when, where, and which service; (2) period and nature of service rendered; (3) if discharged give date and nature of discharge and submit photocopy of each release or discharge certificate.

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Have you served in the armed forces (reserves or otherwise) of any country other than the United States of America? ________ If the answer is "Yes", give name of country, inclusive dates of service, and reason for separation from service. (Submit photocopy of each release and discharge).

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21. As a member of any armed forces have you been the subject of any charges or complaints, formal or informal, or have any proceedings been instituted against you, or have you been a defendant in any court martial proceeding? ________ If answer is "Yes", state the facts.

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22. State whether you have ever:

testified or been called as a witness in any action, proceeding or investigation to which you were not a party? ________

been ticketed, or summoned, or arrested, or taken into custody, or indicted, or convicted, or tried for, or charged with, or pleaded guilty to, the violation of any law, ordinance, traffic or parking regulation or the commission of any felony or misdemeanor, or been requested to appear before any prosecuting or investigative agency in any matter? ________

(Indicate all such incidents, including proceedings as a juvenile or youthful offender, no matter how minor the infraction or whether guilty or not. Although a conviction may have been expunged from the records by order of court, it nevertheless should be disclosed in the answer to this question.)

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failed to answer on the return date any ticket, summons or other legal process served upon you at any time? ________ If so, was any warrant, subpoena, or further process issued against you as a result of your failure to respond to such legal process? ________

been adjudged an incompetent, or had proceedings brought to have you adjudged an incompetent; or have you been committed to or been a patient in any institution for the care of persons suffering from mental or nervous disorders or drug addiction, drug abuse or alcoholism? ________

been charged with fraud or any other act involving moral turpitude? ________

been a party to or otherwise involved in any action, proceeding or investigation (civil or criminal) not covered by answers to the foregoing subdivisions hereof? ________

If your answer is "Yes" to any subdivision of this question indicate the subdivision and state the facts as fully as possible and give in each case name and locality of court or agency, dates of beginning and termination of action or proceeding, and the judgment or other disposition.

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23.

(a) Are there any unsatisfied judgments against you? ________ If so, list the same giving name and address of judgment creditor and the court by which judgment was rendered, together with the date and amount thereof and the nature of the claim on which it was based.

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Are you in default in the performance or discharge of any duty or obligation imposed upon you by any governmental agency or decree or order of any court including alimony and support orders and decrees? ________ If so, state the facts.

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Are you indebted to anyone? ________ If so, list all debts due over 60 days, stating name and address of creditor and amount, date, nature and status of indebtedness.

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Has any person, partnership, corporation or governmental agency ever asserted a claim or demand against you which has not been made the subject of any action or legal proceeding? ________ If so, state the facts and the present status of the matter.

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Have you ever asserted any claim or demand against any person, partnership or corporation, or governmental agency which has not been made the subject of any action or legal proceeding? ________ If so, state the facts and the present status of the matter.

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24.

(a) Have you ever applied for a license the procurement of which required proof of good character? ________ If granted, state, as to each such license, the approximate date it was granted and the name of the authority granting it.

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If your application for such a license was not granted, state the facts.

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Have you ever held a bonded position? ________ If so, specify the nature of position, dates, amount of bond, and whether or not anyone ever sought to recover on your bond or cancel the same?

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25.

(a) Have you ever organized or helped to organize or become a member of any organization or group of persons which, during the period of your membership or association, you knew was advocating or teaching that the government of the United States or any state or any political subdivision thereof should be overthrown or overturned by force, violence or any unlawful means? ________ If your answer is in the affirmative, state the facts below.

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If your answer to (a) is in the affirmative, did you, during the period of such membership or association, have the specific intent to further the aims of such organization or group of persons to overthrow or overturn the government of the United States or any state or any political subdivision thereof by force, violence or any unlawful means?

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26.

(a) Is there any reason why you cannot take and subscribe to an oath or affirmation that you will support the constitutions of the United States and of the State of New York? ________ If there is, please explain.

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Can you conscientiously, and do you, affirm that you are without any mental reservation, loyal to and ready to support the Constitution of the United States? ________

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27. Have you ever been disciplined, expelled, suspended, or ordered to resign from any club, association, society or organization? ________ If your answer is "Yes", state the facts.

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28. If admitted to the Bar do you intend to practice law in New York? ________ If you do not intend to practice law in New York state why.

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29.

(a) Have you read the Code of Professional Responsibility adopted by the American and New York State Bar Associations? ________

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Will you conscientiously endeavor to conform your professional conduct to them? ________

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THE FOLLOWING TWO PARAGRAPHS ARE TO BE COPIED BY THE APPLICANT IN HIS USUAL HANDWRITING IN THE SPACE PROVIDED BELOW:

I understand that this application is a continuing application, and that I must give correctly the information herein sought as of the date of my appearance before the Appellate Division to be sworn in as an attorney and counselor-at-law. I will, therefore, before such appearance, notify the Secretary of the Committee by affidavit as to any change in respect of any matter concerning which information is herein sought.

I will also submit such additional affidavits or papers, and supply such additional information as may be requested.

COPY FOREGOING TWO PARAGRAPHS HERE

____________

Signature of applicant

(Must conform to name as it appears on Certificate of

State Board of Law Examiners)

STATE OF ________ )

) ss.

COUNTY OF ________ )

I, ________, being duly sworn, say: I have read the foregoing questions and have fully, truthfully and accurately answered the same. The foregoing answers are true of my own knowledge, except if stated to be made upon information and belief, and as to such answers, I believe them to be true.

Signature of applicant

(Sign as above)

Subscribed and sworn to before me this ________ day of ________,19________

STATE OF NEW YORK APPELLATE DIVISIONS OF THE SUPREME COURT COMMITTEES ON CHARACTER AND FITNESS

INSTRUCTIONS TO APPLICANTS FOR LICENSE AS LEGAL CONSULTANTS

GENERAL INSTRUCTIONS

(Applicable to All Judicial Departments)

Strict compliance with these instructions is required. Incomplete, defective or carelessly prepared papers will occasion delay and may result in the rejection of the application.

Any false statement contained in the applicant's papers, or any failure to disclose any material fact, may result in the denial of the license application; or if the applicant shall have been licensed before the discovery thereof, in the revocation of the applicant's license.

Applicants should read carefully the Rules of the Court of Appeals For the Licensing of Legal Consultants (22 NYCRR Part 521) and the Rules of the Appellate Division relating thereto.

1. OFFICIAL FORMS -- Applicants will be furnished the following standard forms: Questionnaire, Affidavits of Character, Affidavits as to Legal Practice, and College and Law School Certificates.

2. QUESTIONNAIRE -- Every applicant shall complete and file a verified questionnaire, preferably typewritten, and must answer all questions fully, truthfully and accurately. If the space provided be insufficient for a complete answer, the answer may be given on a rider which should be signed by the applicant, specifying by its number the question to which it relates. Avoid use of riders, if possible.

3. AFFIDAVITS OF CHARACTER -- The applicant shall submit affidavits as to the applicant's good moral character and fitness from three reputable persons residing in this State and not related to the applicant, one of whom shall be a practicing New York attorney.

4. COLLEGE AND LAW SCHOOL CERTIFICATES -- A certificate shall be submitted from each college and law school attended by the applicant. The forms provided for that purpose should be sent by the applicant to each such institution, together with a stamped envelope addressed to the appropriate filing office (indicated below) of the Appellate Division of the Department in which the applicant resides.

5. CERTIFICATE AS TO APPLICANT'S ADMISSION TO PRACTICE AND GOOD STANDING -- The applicant shall submit a certificate from the authority having final jurisdiction over professional discipline in the foreign country in which the applicant was admitted to practice, certifying (a) as to the authority's jurisdiction in such matters, (b) as to the applicant's admission to practice in such foreign country and the date thereof and as to his good standing as an attorney or counselor at law or the equivalent therein, and (c) as to whether any charge or complaint has ever been filed against the applicant with such authority, and, if so, the substance of each such charge or complaint and the disposition thereof. Such certificate shall be signed by a responsible official or one of the members of the executive body of such authority and shall be attested under the hand and seal, if any, of the clerk of such authority.

6. LETER OF RECOMMENDATION -- The applicant shall submit a letter of recommendation from one of the members of the executive body of such authority or from one of the judges of the highest law court or court of general original jurisdiction of such foreign country, certifying to the applicant's professional qualifications. Such letter of recommendation shall be accompanied by a certificate under the hand and seal, if any, of the clerk of such authority or of such court, as the case may be, attesting to the office held by the person signing the letter and the genuineness of his signature.

7. AFFIDAVITS AS TO LEGAL PRACTICE -- The applicant shall submit two affidavits by attorneys or counselors at law or the equivalent admitted in and practicing in such foreign country, stating the nature and extent of their acquaintance with the applicant and their personal knowledge as to the nature, character and extent of the applicant's practice, and as to the applicant's good standing, as an attorney or counselor at law or the equivalent in such foreign country, and the duration and continuity of such practice.

8. ADDITIONAL EVIDENCE -- The applicant may submit such additional evidence as the applicant may see fit with respect to his educational and professional qualifications and his good moral character and fitness.

9. ENGLISH TRANSLATION -- Every paper submitted pursuant to these instructions which is not in English shall be accompanied by a duly authenticated English translation thereof.

10. EXCEPTIONAL SITUATIONS -- In the event that the applicant is unable to comply strictly with any of the foregoing requirements, the applicant shall set forth the reasons for such inability in an affidavit, together with a statement showing in detail the efforts made to fulfill such requirements.

11. UNDERTAKING -- The applicant's attention is directed to the following rule of the Appellate Division:

"Prior to taking custody of any money, securities (other than unindorsed securities in registered form), negotiable instruments, bullion, precious stones or other valuables, in the course of his practice as a legal consultant, for or on behalf of any client domiciled or residing in the United States, every person licensed to practice as a legal consultant shall obtain, and shall maintain in effect for the duration of such custody, an undertaking issued by a duly authorized surety company, and approved by a Justice of this court, to assure the faithful and fair discharge of his duties and obligations arising from such custody. The undertaking shall be in an amount not less than the amount of any such money, or the fair market value of any such property other than money, of which the legal consultant shall have custody, except that this court may in any case in its discretion for good cause direct that such undertaking shall be in a greater or lesser amount. The undertaking or a duplicate original thereof shall be promptly filed by the legal consultant with the clerk of this court."

12. APPLICATION PAPERS -- Only fully completed applications will be accepted for filing. Applications should be arranged in the following order:

Questionnaire verified by applicant.

Certificate of admission and good standing in the foreign country.

Letter of recommendation.

Affidavits of character.

Affidavits as to legal practice.

College and law school certificates.

Any other papers applicant is required or desires to submit.

13. FILING OFFICES -- Applications should be filed with, and all inquiries concerning licensing procedures directed to, the appropriate filing office (indicated below) of the Appellate Division of the Judicial Department in which the applicant resides.

Filing Offices

First Judicial Department Secretary, Committee on Character and Fitness

Appellate Division, First Department

41 Madison Avenue

New York, New York 10010

Second Judicial Department Secretary, Committee on Character and Fitness

Appellate Division, Second Department

185 Montague Street

Brooklyn, New York 11201

Third Judicial Department Clerk

Appellate Division, Third Department

Justice Building

Albany, New York 12223

Fourth Judicial Department Clerk

Appellate Division, Fourth Department

501 Hall of Justice

Rochester, New York 14614

SPECIAL INSTRUCTIONS

A. Applicable only in the First Judicial Department:

Summary Statement -- The applicant should submit with his other papers a Summary Statement on the form provided for that purpose.

Manner of Submission of Papers -- All papers must be submitted personally at the Appellate Division Court House, 25th Street and Madison Avenue, Room 101, New York, N. Y., except that the papers may be submitted by mail if the applicant is under military or other demanding circumstances which preclude personal submission.

B. Applicable in the Second, Third and Fourth Judicial Departments:

Manner of Submission of Papers -- All papers must be submitted to the appropriate filing office of the Appellate Division, noted above, personally or by mail.

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION: ________ JUDICIAL DEPARTMENT

________

IN THE MATTER OF THE APPLICATION

of

Affidavit of

Good

Moral

Character

_______________

for License as a Legal Consultant

________

STATE OF ________ )

) ss.

COUNTY OF ________ )

________, the affiant, being duly sworn, deposes and says in answer to the following:

1. Residence of affiant:

____________

2. Nature of affiant's business (if a practicing attorney, give year and place of admission):

____________

3. Name of firm and business address of affiant:

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4. Length and nature of affiant's acquaintenance with applicant, including a statement of applicant's residence(s) during period of affiant's acquaintanceship:

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5. Affiant's frank opinion as to applicant's moral character and fitness to practice as a legal consultant:

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6. Facts upon which affiant's knowledge or opinion as to applicant's moral character is based:

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7. State any information or facts which would be helpful to the committee on character and fitness in determining applicant's character and fitness:

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8. Do you recommend applicant for licensing as a legal consultant?

____________

_______________

(Signature of Affiant)

Sworn to before me this

________ day of ________ 19________

____________

Notary Public

(Affix Notarial Stamp or Seal)

(If affidavit is sworn to outside the State of New York, attach clerk's certificate attesting to authority of notary public.)

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION: ________ JUDICIAL DEPARTMENT

________

IN THE MATTER OF THE APPLICATION

of

Affidavit as to

Legal Practice

_______________

for License as a Legal Consultant

________

COUNTRY OF ________ )

) ss.

CITY OF ________ )

________, the affiant, being duly sworn, deposes and says in answer to the following: sworn, deposes and says in answer to the following:

1.(a) Home and address of affiant:

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Office address of affiant:

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2.(a) Are you a duly licensed attorney or counselor at law or the equivalent?

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When were you so licensed?

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Where and by whom were you licensed?

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In what court or courts of what country or countries are you entitled to practice?

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How long have you actively practiced?

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State generally the nature of such practice:

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3. How long have you known the applicant and what was the nature of your acquaintance?

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4.(a) The country or countries in which the applicant is authorized to practice as an attorney or counselor at law or the equivalent. State from your own knowledge:

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The duration (giving dates and continuity) of applicant's practice.

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The nature, character and extent of applicant's practice.

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Whether applicant has always been in good standing as an attorney or counselor at law or the equivalent in such country or countries.

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5. State any other facts within your knowledge, or of which you have information, which in your opinion have any bearing on the applicant's qualifications and moral character or fitness to practice as a legal consultant.

____________

_______________

(signature of affiant)

Sworn to before me this

________ day of ________ 19 ________

_______________

(Attesting Officer to sign here)

_______________

(Official designation)

(If affidavit is sworn to outside the State of New York, attach certificate of attesting officer's authority.)

_____________________________

English Translation. If this affidavit is not in English, it must be accompanied by a duly authenticated English translation.

New York Codes, Rules and RegulationsTitle 22 - JUDICIARYSubtitle D - FormsChapter V - Forms For Admission To The BarProposed uniform application for admission to the bar

New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle D - Forms
Chapter V - Forms For Admission To The Bar
Proposed uniform application for admission to the bar