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November 21st, 2024
For New York Lawyers: Recent Changes to the Biennial Reporting Requirements
New York recently made changes to its biennial reporting requirements. The notice linked here from the NYS Unified Court System explains those changes, which go into effect on Dec. 1, 2024. Here's a summary of what New York lawyers need to know.
At the time a New York lawyer submits his or her biennial registration with the Office of Court Administration (“OCA”), the lawyer is now required to report:
- All jurisdictions other than New York where the lawyer is admitted to practice law (excluding pro hac vice admissions).
- Whether the lawyer is in good standing in each jurisdiction.
- If the lawyer has been disciplined by a foreign jurisdiction.
- The date on which such discipline was imposed.
- The identity of the New York Appellate Division and Attorney Grievance Committee that the lawyer notified regarding such foreign discipline.
- The date that the attorney notified the Appellate Division and Attorney Grievance Committee of the foreign discipline.
Note that a “foreign” jurisdiction includes all U.S. states or territories, District of Columbia, federal courts, or international jurisdictions. This reporting requirement applies to all New York attorneys, including those admitted under the in-house counsel registration rule and the foreign legal consultant rule.
These changes to the reporting requirements grew out of a concern that New York attorneys are underreporting incidents of discipline by foreign jurisdictions. In New York, lawyers are required to report foreign discipline in writing within thirty days after the discipline is imposed. This new biennial reporting requirement will allow New York to monitor whether lawyers are complying with the 30-day reporting requirement for foreign discipline and may lead to an increase in the imposition of reciprocal discipline by New York.
The Court notice includes more details and links to additional information about reporting requirements for New York lawyers. It also includes a link to the Court website where you can log onto your own Attorney Online Services Account. If you haven’t checked your account in a while or you’ve recently changed employment or relocated, you may wish to log into your account to ensure that your information is accurate and up-to-date. New York lawyers are responsible for updating their Attorney Online Services Accounts within thirty days after any change to the information.
If you have questions about the new reporting requirements, or about other legal ethics and professional responsibility issues, please contact Nicole Hyland at (212) 826 5552 or nhyland@fkks.com, Ronald Minkoff at (212) 705 4837 or rminkoff@fkks.com, John B. Harris at (212) 705 4823 or jharris@fkks.com, Tyler Maulsby at (212) 705 4893 or tmaulsby@fkks.com, or any other member of The Frankfurt Kurnit Legal Ethics & Professional Responsibility Group.
Other Legal Ethics and Professional Responsibility Alerts
Third Annual Litigation Ethics Summit
On November 13, 2020, Frankfurt Kurnit held its Third Annual Litigation Ethics Summit, consisting of three hour-long panels, earning the attendees three ethics CLE credits in New York and California. Read more.
November 19 2020
A Primer On New York’s COVID-19 Executive Orders and What They Mean for Your Practice
This past week, New York has taken a number of steps to restrict movement in and around the State in an effort to contain the COVID-19 crisis. Governor Andrew Cuomo has issued executive orders and the chief judges of the state and federal courts have issued administrative orders that have had a sweeping impact on the legal industry as well as the business community at large. Read more.
March 22 2020
ABA Opinion Limits Restrictions on Departing Partners
There’s important news for law firm leaders who have recently revised partnership and shareholder agreements to restrict partner departures. In ABA Formal Opinion 489, the ABA Standing Committee on Ethics and Professional Responsibility spells out new limits on notice periods, on rules governing communications with clients, and on so-called “ownership” of clients. Here’s what firm managers need to know to stay on the right side of the ethics rules. Read more.
February 6 2020
