N.Y. Comp. Codes R. & Regs. tit. 22 § 1020.12

Current through Register Vol. 46, No. 50, December 11, 2024

Section 1020.12 - Investigations of persons or parties unlawfully practicing or assuming to practice law

(a) A bar association recognized in a county within the Fourth Department or a committee thereof engaged in an investigation into the alleged unlawful practice of law or the subject of such an investigation may apply to this court for the issuance of a subpoena directing the attendance of witnesses or the production of books, papers and records before the association or a committee thereof. The application shall establish that the specified testimony or books, papers and records are relevant to the inquiry of the bar association and that other potential sources of the information, or the means to obtain the information, are either impractical or unavailable. Subpoenas shall be issued by the clerk of the court in the name of the presiding justice upon a determination that there is reasonable cause to believe that a person, firm, corporation or other organization is unlawfully practicing law or assuming to practice law or is engaged in any business or activity that may involve the unlawful practice of law.

(b) The party who requested the subpoena is authorized to take and cause to be transcribed testimony under oath upon the attendance of a witness pursuant to a subpoena issued under this Part.

(c) Upon a finding by an association or committee that there is probable cause to believe that the subject of the investigation has engaged in the unlawful practice of law, the association or committee may refer the matter and disclose the results of the investigation to a law enforcement agency or official with jurisdiction over the matter.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 1020.12