N.Y. Comp. Codes R. & Regs. tit. 22 § 50.6

Current through Register Vol. 46, No. 51, December 18, 2024

Section 50.6 - Practice of law

(a) A lawyer who is employed full-time in any court or agency of the Unified Court System shall not maintain an office for the private practice of law alone or with others, hold himself or herself out to be in the private practice of law, or engage in the private practice of law except as provided in this section.

(b) Subject to prior written application and approval as to each professional engagement, a person referred to in subdivision (a) of this section may engage in the private practice of law as to matters not pending before a court or a governmental agency, in uncontested matters in the Surrogate's Court, uncontested accountings in the Supreme Court and other ex parte applications not preliminary or incidental to litigated or contested matters. Such approval shall continue only to the completion of the particular engagement for which permission was obtained, except that prior approval for the provision of pro bono services, authorized under subdivision (c) of this section, may be granted on an annual basis with respect to an organization or project that provides such services to persons unable to afford counsel. Prior approval must be obtained from:

(1) the Chief Judge of the Court of Appeals for lawyers employed in that court;

(2) the Presiding Justice of the appropriate Appellate Division for lawyers employed by an Appellate Division; and

(3) the Chief Administrator of the Courts for lawyers employed in every other court or court-related agency in the Unified Court System.

(c)

(1) Persons referred to in subdivision (a) of this section may provide pro bono legal services, which do not interfere with the performance of their jobs, in contested or uncontested matters, except those brought in the courts of their own employment.

(2) Pro bono services in any contested matter shall be performed under such written terms and conditions as may be specified by the approving authority designated in paragraph (b)(1), (2) or (3) of this section.

(3) No provision of legal services or related activities authorized pursuant to this section may take place during usual working hours unless appropriate leave is authorized and charged. No public resources may be used in any such connection. Reasonable precautions must be taken in all cases by approving authorities and authorized employees to avoid actual and perceived conflicts of interest and the actual or perceived lending of the prestige or power of the public offices or positions of the employees and conveying the impression that such employees are in special positions to exert influence.

(d) An employee of the Unified Court System who is employed on a part-time basis shall not participate directly or indirectly as a lawyer in any contested action or proceeding in the court in which he or she serves, or in any other practice of law which is incompatible with or which would reflect adversely upon his or her position or the performance of his or her duties. Such employee may participate as a lawyer in uncontested actions or proceedings in the court in which he or she serves only with prior written approval of the Chief Administrator of the Courts.

(e) No partner or associate of a part-time law secretary or law clerk shall practice law before the justice or judge by whom such law secretary or law clerk is employed.

(f) Each approving authority or designee shall report annually to the Chief Administrator of the Courts the number of requests and approvals. With respect to pro bono representation, each authorized employee shall report annually to the Chief Administrator the number of representations and pro bono hours performed.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 50.6