NYSBA, NYC Bar And NYCLA - Proposed Resolution Of Proposed Rules For Licensing Of In-House Counsel

Monday, December 6, 2010 - 01:00

The following proposal was written by the New York State Bar, the New York City Bar and the New York County Lawyers Association.

WHEREAS, New York rules do not have express provisions permitting in-house practice by lawyers admitted and in good standing in other jurisdictions who are employed by companies, businesses, non-profit organizations or other entities located within New York State; and

WHEREAS, the majority of U.S. jurisdictions have adopted rules permitting practice by out-of-state lawyers employed by an entity; and

WHEREAS, the New York State Bar Association Committee on Standards of Attorney Conduct, together with the New York City Bar Association and New York County Lawyers' Association, has prepared a report recommending the adoption of court rules to license out-of-state lawyers employed by an entity in New York, giving New York disciplinary jurisdiction and requiring such lawyers to meet CLE and other requirements;

NOW, THEREFORE, IT IS RESOLVED that the New York State Bar Association approves the report and recommendations jointly submitted by the Committee on Standards of Attorney Conduct, the New York City Bar Association, and the New York County Lawyers' Association; and it is further RESOLVED that the President is hereby directed to convey these recommendations to the New York State Court of Appeals for the court's consideration; and it is further RESOLVED that the officers of the Association are hereby empowered to take such other and further action as may be required or deemed appropriate to achieve the implementation of these recommendations.