April 13, 2014

Nonresident attorney's right to practice law in New York State


Nonresident attorney's right to practice law in New York State
Schoenefeld v. State of New York, et al., USCA, 11-4283-cv

The U.S. District Court, Northern District of New York, held that Section 470 of the Judiciary Law, which requires nonresident attorneys to maintain an “office for the transaction of law business” within the state of New York in order to practice in New York courts, places an impermissible burden on Ms. Schoenefeld’s fundamental right to practice law and that the state “failed to establish either a substantial state interest advanced by [the statute], or a substantial relationship between the statute and that interest” [Schoenefeld v. New York, 907 F. Supp. 2d 252, (N.D.N.Y. 2011)].

The State appealed and the U.S. Circuit Court of Appeals, Second Circuit, certified the following question to the State’s Court of Appeals:

Under New York Judiciary Law Section 470, which mandates that a nonresident attorney maintain an "office for the transaction of law business" within the state of New York, what are the minimum requirements necessary to satisfy that mandate?

The Circuit panel retained jurisdiction to decide the case “once we have the benefit of the views of the New York Court of Appeals or once that court declines to accept certification."

The Second Circuit Court’s ruling is posted on the Internet at:
http://www.ca2.uscourts.gov/decisions/isysquery/7ad54af4-96b8-488a-b70c-22bc07f8de82/7/doc/11-4283_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/7ad54af4-96b8-488a-b70c-22bc07f8de82/7/hilite/
.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material in this blog is presented with the understanding that neither the publisher nor members of the staff are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is advised to seek such advice from a competent professional.