Provision of Legal Services Following the Determination of a Major Disaster
Section 520.11 of the Rules of the Court of Appeals for Attorney Admission, which are part of the New York Pro Hac Vice Rules, allows attorneys to engage in temporary pro bono practice following the determination of a major disaster.
In rare circumstances, the governor of New York or the governor of another jurisdiction may declare a state of disaster or emergency. Upon such a declaration, the New York Court of Appeals will determine whether an emergency exists that affects the justice system.
Practice
Attorneys authorized to practice law in another United States jurisdiction may provide temporary pro bono legal services following the New York Court of Appeals determination that persons residing in New York (1) are affected by a state of disaster or emergency in all or a part of New York, or (2) are displaced by a declared state of disaster or emergency in another jurisdiction, and such persons are in need of pro bono services and the assistance of attorneys from outside of New York is required to help provide such services. The legal services must be provided on a pro bono basis without compensation from the client or expectation of compensation or other direct or indirect pecuniary gain to the attorney from the client. The legal services must be assigned and supervised through an established non-profit bar association in New York or an organization described in Subdiv. 7 of Sec. 495 of the Judiciary Law.
Attorneys authorized to practice law in another United States jurisdiction who provide legal services under the disaster rules must inform clients in New York of the jurisdiction in where they are authorized to practice law, any limits of that authorization, and the limitations on their authorization to practice law in New York as permitted by the disaster rules. Attorneys cannot state or imply to any person that they are otherwise authorized to practice law in New York.
Attorneys are required to obtain New York Pro Hac Vice admission for any court appearances. Pro hac vice applicants must file a registration statement with the Office of Court Administration before the commencement of the provision of legal services. The application will be on a form prescribed by the Appellate Division and the registration statement must be in a form prescribed by the Office of Court Administration.
The authority to practice law in New York ends when the New York Court of Appeals determines that the conditions caused by the major disaster in New York have ended. Attorneys already representing clients in New York are authorized to continue to provide legal services for such time as is reasonably necessary to complete the representation. Attorneys cannot accept new clients.
Practice in New York by Attorneys Licensed in Other Jurisdictions
Attorneys from other jurisdictions may also temporarily practice law in New York following a major disaster in the attorneys’ home jurisdiction. Prior to the temporary practice, the governor must declare a state of disaster or emergency and determine its geographical scope and the highest court of that jurisdiction must determine that an emergency exists affecting the justice system. Following the determination of a major disaster in another United States jurisdiction, attorneys who have been authorized to practice law and are in good standing in that jurisdiction, and who principally practice in the affected jurisdiction, may provide legal services in New York on a temporary basis in association with an attorney admitted and in good standing in New York. This authority to practice temporarily in New York only applies to attorneys who principally practice in the area of the other jurisdiction determined to have suffered a disaster causing the emergency. The legal services are limited to:
- Representing clients with respect to matters that the attorney was handling prior to the disaster.
- New matters in the area affected by the disaster that the attorney could have handled but he or she is unable to do so because:
- The attorney’s ability to practice in the jurisdiction affected by the disaster has been limited by the disaster.
- The client has temporarily relocated from the disaster area to another jurisdiction because of the disaster.
Attorneys authorized to practice law in another United States jurisdiction who provide legal services under the disaster rules are required to inform clients in New York of the jurisdictions where they are authorized to practice law, any limits of that authorization, and the limitations on their authorization to practice law in New York as permitted by the disaster rules. Attorneys cannot state or imply to any person that they are otherwise authorized to practice law in New York.
Attorneys are required to obtain New York Pro Hac Vice admission for any court appearances. Pro hac vice applicants must file a registration statement with the Office of Court Administration before the commencement of the provision of legal services. The application will be on a form prescribed by the Appellate Division and the registration statement must be in a form prescribed by the Office of Court Administration.
Authority to practice in New York ends 60 days after either the governor or the New York Court of Appeals declares that condition caused by the major disaster in the affected area have ended.