New York State Bar Association is Disappointed That Out-Of-State Lawyers Are Still Beholden to Century-Old Office Requirement
12.26.2023
Richard Lewis, president of the New York State Bar Association, issued the following statement about Gov. Kathy Hochul’s veto of a bill that would have repealed Judiciary Law Section 470:
“We are both dismayed and confused by the governor’s veto of the repeal of a law that requires out-of-state attorneys to have in-state offices. Remote work, virtual court appearances, and e-filing – all accelerated by the COVID pandemic – have demonstrated beyond a doubt that this antiquated century-old law is unnecessary and, in fact, impedes opportunities to expand access to justice. The repeal would have helped alleviate the shortage of lawyers in rural areas, which is already a crisis in New York State, but the governor’s veto message claims the opposite. To suggest that maintaining an outdated and unnecessary requirement will somehow ensure adequate representation is contrary to common sense and the facts. The governor chose regulations over reality. We will continue the fight for this common-sense change to the law.”
Background
- When Section 470 was first enacted in 1909, New York State legislators believed that it would be difficult to serve papers on a nonresident attorney who did not have an office in the state.
- Only 4% of New York lawyers practice upstate, and 75% of them are close to retiring, according to the New York State Bar Association’s 2019 report on rural justice.
- Removing this regulation would have made it easier for lawyers licensed in New York to practice in New York, increasing the pool of lawyers available to all New Yorkers – especially those in underserved upstate rural communities.
