November 3, 2015
COMMENTS BY THE NEW YORK COUNTY LAWYERS ASSOCIATION TASK FORCE ON PROFESSIONALISM REGARDING PROPOSED
NEW SECTION 523 OF THE RULES OF THE COURT OF APPEALS
The New York State Office of Court Administration has requested comments on Proposed New Section 523 of the Rules of the Court of Appeals Authorizing the Temporary Practice of Law in New York by Out-of-State and Foreign Attorneys (the “Proposed Rule”), as set forth in your Memorandum dated September 24, 2015. The Task Force on Professionalism (the “Task Force”) of the New York County Lawyers Association has reviewed the Proposed Rule, as well as the Comments concerning the Proposed Rule submitted by the New York State Bar Association (the “NYSBA Comments”). The Task Force enthusiastically supports the Proposed Rule, subject to the various suggestions contained in the NYSBA Comments, with which the Task Force also agrees. Rather than repeat the NYSBA Comments, we incorporate them by reference herein.
The Proposed Rule will provide clearer guidance to New York and out-of-state lawyers as to the propriety of cross-border practice, and bring New York into line with 46 U.S. jurisdictions, including all our neighboring states, in this important area. We look forward to the adoption of the Proposed Rule, which will help ensure that New York remains a center of global commerce while protecting the public with a regulatory scheme regarding lawyers who cross our borders to practice here.