New York is looking to adopt a new rule that would lift the ban currently denying out-of-state and foreign lawyers the right of temporary practice in the state. If approved this fall, future law will be more accessible on a global scale.
The rule, Section 523 of the Rules of the Court of Appeals Regarding Temporary Practice, was modeled around the ABA Model Rule 5.5, which permits the temporary practice of law by attorneys licensed in America under prescribed circumstances, already adopted by forty other US jurisdictions. It also reflects the ABA Model Rule for Temporary Practice by Foreign Lawyers implemented by ten jurisdictions since its inception in 2002.
As a major center of world commerce and global city, the permission of lawyers from other jurisdictions to appear in the state to work on transactional or short-term litigation-related matters is essential,” according to John W. McConnell, Esq. Counsel of the Office of Court Administration in New York.
The state is encouraging residents to comment via email or by direct mail to gauge public opinion on this future law. Please email all submissions to rulecomments@nycourts.gov and mail all written responses to: John McConnell, Esq., Counsel, Office of Court Administration, 25 Beaver Street, 11th Fl., New York, New York 10004 by November 3, 2015.