 Habitation Part 522 - Rules for the Registration of In-Firm Counsel
Part 522 - Rules for the Registration of In-House Counsel
Table of Contents § 522.1 Registration of In-House Counsel
§ 522.2 Proof required
§ 522.three Compliance
§ 522.4 Telescopic of legal services
§ 522.v Termination of registration
§ 522.6 Subsequent admission on motion
§ 522.vii Saving Clause and Noncompliance
§ 522.8 Pro bono legal services
§ 522.ane Registration of In-Business firm Counsel
(a) In-House Counsel defined. An in-house counsel is an attorney who is employed full time or part time in this Land by a non-governmental corporation, partnership, association, or other legal entity, including its subsidiaries and organizational affiliates, that is not itself engaged in the practice of law or the rendering of legal services exterior such system. An attorney is not required to reside in New York State or an next state in order to register nether this Part. (b) In its discretion, and in accordance with Section 522.1(a), the Appellate Division may register as in-house counsel an applicant who: (i) (i) has been admitted to practice in the highest law courtroom in any other state or territory of the United States or in the District of Columbia; or (2) is a member in good standing of a recognized legal profession in a foreign jurisdiction, the members of which are admitted to practice as lawyers or counselors at law or the equivalent and discipline to constructive regulation by a duly constituted professional body or public authority where such an authorisation both exists and holds in skillful standing compliant members employed as in-house counsel; or (iii) where no such authority exists, or where such authority exists but suspends the membership of members employed equally in-house counsel, is trained and licensed as a lawyer in a foreign jurisdiction and eligible to join the bar of such foreign jurisdiction, if such bar exists, or is otherwise eligible to engage in the private practice of law in such jurisdiction, upon ceasing to be employed as in-firm counsel; (2) (i) is currently admitted to the bar as an active member in skilful continuing in at least one other jurisdiction, inside the United States, which would similarly permit an attorney admitted to practice in this Land to annals every bit in-firm counsel; (ii) was admitted to the bar in at least one other jurisdiction outside the United States and either is a current active member in adept continuing or has a bar membership that has been suspended because the applicant is employed as in-business firm counsel, simply the applicant is eligible to again become an agile member in good standing upon a showing that the applicant is no longer working every bit in-business firm counsel; or (iii) is otherwise trained as a lawyer and permitted to provide legal services in a foreign jurisdiction and eligible to join the bar of such foreign jurisdiction, if such a bar exists, upon ceasing to be employed as in-business firm counsel; and (3) possesses the good moral character and full general fitness requisite for a member of the bar of this Land. § 522.ii Proof required An applicant under this Function shall file with the Clerk of the Appellate Division of the department in which the applicant resides, is employed or intends to be employed as in-house counsel: (a) (ane) a certificate of good standing from each jurisdiction in which the bidder is licensed to practise police; or (ii) if the foreign jurisdiction in which the applicant is licensed to practice law does not result such certificates, an affirmation along with relevant supporting documentation confirming that the applicant is trained every bit a lawyer and eligible to join the bar of such foreign jurisdiction, if such a bar exists, or is otherwise eligible to engage in the private practise of constabulary in such jurisdiction, upon ceasing to exist employed as in house-counsel; (b) (1) a letter from each such jurisdiction'southward grievance committee, or other body entertaining complaints against attorneys, certifying whether charges have been filed with or by such committee or body against the bidder, and, if and then, the substance of the charges and the disposition thereof; or (ii) if the foreign jurisdiction in which the applicant is licensed to practice law does non provide such letters, an affidavit certifying whether charges have been filed with or past such committee or body against the bidder, and, if and then, the substance of the charge and the disposition thereof; (c) an affidavit certifying that the applicant: (one) performs or will perform legal services in this State solely and exclusively as provided in section 522.4; and (ii) agrees to exist subject to the disciplinary authorization of this Country and to comply with the New York Rules of Professional Conduct (22 NYCRR Part 1200) and the rules governing the conduct of attorneys in the judicial department where the attorney's registration will be issued; and (d) an affirmation or affirmation signed by an officeholder, director, or general counsel of the bidder'due south employer, on behalf of said employer, attesting that the bidder is or will be employed as an attorney for the employer and that the nature of the employment conforms to the requirements of this Role. (due east) Documents in languages other than English language shall be submitted with a certified English translation. § 522.3 Compliance An attorney registered as in-business firm counsel under this Role shall: (a) (i) remain an active fellow member in good standing in at to the lowest degree 1 state or territory of the United states or in the District of Columbia or a foreign jurisdiction as described in section 522.1(b)(1); or (two) if the attorney has never obtained such membership by virtue of having spent the attorney's entire career as in-firm counsel in a jurisdiction in which in-house counsel are not required or permitted to have such membership, or the chaser's membership in a foreign jurisdiction has been suspended because of the attorney's employment every bit in-house counsel, the attorney volition remain eligible to join the bar of such foreign jurisdiction, if such a bar exists, or otherwise remain eligible to engage in the private exercise of police in such jurisdiction upon ceasing to exist employed as in-house counsel; (b) promptly notify the appropriate Appellate Partitioning department of a disposition made in a disciplinary proceeding in another jurisdiction; (c) register with the Office of Courtroom Administration and comply with the advisable biennial registration requirements; and (d) except as specifically express herein, abide past all of the laws and rules that govern attorneys admitted to the practice of law in this Land. § 522.4 Scope of legal services An attorney registered every bit in-business firm counsel under this Part shall: (a) provide legal services in this Country only to the single employer entity or its organizational affiliates, including entities that command, are controlled by, or are under common control with the employer entity, and to employees, officers and directors of such entities, but but on matters directly related to the attorney'southward work for the employer entity, and to the extent consequent with the New York Rules of Professional Carry; (b) not make appearances in this State earlier a tribunal, as that term is defined in the New York Rules of Professional person Deport (22 NYCRR 1200.0 Dominion ane.0[westward]) or appoint in any activity for which pro hac vice access would be required if engaged in by an attorney who is not admitted to the practise of police force in this State; (c) not provide personal or individual legal services to any customers, shareholders, owners, partners, officers, employees or agents of the identified employer; and (d) not hold oneself out as an chaser admitted to practice in this Country except on the employer's letterhead with a limiting designation.
§ 522.5 Termination of registration (a) Registration as in-house counsel under this Part shall terminate when: (i) the attorney ceases to exist an active member in another jurisdiction or otherwise qualified under section 522.ane(b); or (2) the attorney ceases to exist an employee of the employer listed on the chaser's application, provided, nevertheless, that if such attorney, inside 30 days of ceasing to be such an employee, becomes employed by another employer for which such attorney shall perform legal services as in-business firm counsel, such chaser may request continued registration under this Part past filing within said 30-day catamenia with the appropriate Appellate Segmentation section an affidavit to such outcome, stating the dates on which the prior employment ceased and the new employment commenced, identifying the new employer and reaffirming that the attorney will provide legal services in this State solely and exclusively equally permitted in department 522.four. The attorney shall also file an affidavit or affidavit of the new employer as described in department 522.2(d) and shall file an amended statement within said thirty-twenty-four hour period menstruum with the Office of Courtroom Administration. (b) In the event that the employment of an attorney registered under this Role ceases with no subsequent employment by a successor employer, the attorney, within thirty days thereof, shall file with the Appellate Segmentation department where registered a statement to such upshot, stating the date that employment ceased. Noncompliance with this provision shall result in the automatic termination of the attorney's registration under this Function; (c) Noncompliance with the provisions of section 468-a of the Judiciary Law and the rules promulgated thereunder, insofar as pertinent, shall, 30 days following the date set forth therein for compliance, result in the termination of the attorney's rights under this Part.
§ 522.6 Subsequent admission on motion Where a person registered under this Part later seeks to obtain access without examination nether section 520.10 of the Rules of this Court, the provision of legal services nether this Part shall not be deemed to be the practice of law for the purpose of meeting the requirements of department 520.x(a)(ii)(i). § 522.7 Saving Clause and Noncompliance
(a) An attorney employed as in-business firm counsel, as that term is divers in section 522.ane(a), shall file an application in accord with department 522.2 within xc days of the afterwards of kickoff of such employment or April 15, 2020; (b) An application filed within the menstruation required past section 522.vii(a) shall be deemed to exist timely whether or not the Appellate Segmentation acts on the awarding within that period; (c) Failure to comply with the provisions of this Part shall be deemed professional misconduct, provided, even so, that the Appellate Division may upon application of the attorney grant an extension upon good cause shown.
§ 522.eight Pro bono legal services Notwithstanding the restrictions set forth in department 522.4 of this Part, an chaser registered as in-house counsel nether this Part may provide pro bono legal services in this Land in accordance with New York Rules of Professional Conduct (22 NYCRR 1200.0) dominion 6.ane(b) and other comparable definitions of pro bono legal services in New York nether the following terms and conditions. An chaser providing pro bono legal services under this section: (a) shall either (1) be admitted to exercise and in good standing in some other state or territory of the United States or in the District of Columbia and possess the good moral character and general fitness requisite for a member of the bar of this Land, as evidenced past the attorney'south registration pursuant to section 522.1(b) of this Part; or (two) be a foreign chaser registered pursuant to section 522.1(b) of this Office, in which outcome the attorney shall only provide such pro bono legal services nether the direct supervision of a duly registered New York lawyer; (b) pursuant to department 522.two(c)(2) of this Office, agrees to exist subject to the disciplinary authority of this State and to comply with the laws and rules that govern attorneys admitted to the practice of police in this State, including the New York Rules of Professional Bear (22 NYCRR Part 1200.0) and the rules governing the comport of attorneys in the judicial department where the attorney's registration is issued; (c) may appear, either in person or by signing pleadings, in a matter awaiting before a tribunal, equally that term is defined in New York Rules of Professional Conduct (22 NYCRR 1200.0) dominion i.0(w), at the discretion of the tribunal, without beingness admitted pro hac vice in the affair. Prior to any appearance earlier a tribunal, a registered in-house counsel must provide observe to the tribunal that the chaser is non admitted to practice in New York but is registered as in-house counsel pursuant to this Part. Such notice shall be in a form approved by the Appellate Partition; and (d) shall not hold oneself out every bit an attorney admitted to do in this State, in compliance with section 522.four(d) of this Office. |
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