New York has not adopted a version of ABA Model Rule 5.5 that would allow attorneys licensed in other jurisdictions to practice law in New York without engaging in the unauthorized practice of law. (NY RPC 5.5). New York’s Multijurisdictional Practice Rule (MJP) is Rule 8.5 (Disciplinary Authority and Choice of Law) of the New York Rules of Professional Conduct. For general information about MJP, please see the MJP General page.
New York’s Rule 8.5 recognizes attorneys practicing in more than one jurisdiction will likely be subject to conflicting admissions rules, court rules, or rules of professional conduct. The attorney’s conduct may also involve significant contacts with more than one jurisdiction. The MJP rule attempts to minimize such conflicts and the uncertainty regarding which rules are applicable by establishing the set of rules governing the attorney’s conduct.
Disciplinary Authority. A lawyer admitted to practice in New York is subject to the disciplinary authority of New York, regardless of where the lawyer’s conduct occurs. A lawyer may be subject to the disciplinary authority of both New York and another jurisdiction for the same conduct. (8.5(a)).
Choice of Law. The New York Rules of Professional Conduct are applied as follows:
For conduct in connection with a proceeding in a court before which a lawyer has been admitted to practice (either generally or for purposes of that proceeding), the rules to be applied will be the rules of the jurisdiction where the court sits, unless the rules of the court provide otherwise. (8.5(b)(1)).
For any other conduct:
If the lawyer is licensed to practice only in New York, the New York rules apply. (8.5(b)(2)(i)).
If the lawyer is licensed to practice in New York and another jurisdiction, the rules are those of the admitting jurisdiction where the lawyer principally practices. Provided, however, that if particular conduct clearly has its predominant effect in another jurisdiction where the lawyer is licensed to practice, the rules of that jurisdiction apply to that conduct. (8.5(b)(2)(ii).