If unable to qualify for bar admission by examination or on motion, attorneys licensed to practice in other states or territories of the United States or the District of Columbia, as well as other foreign countries may be eligible for limited authorization to practice law in New York State in one of the following additional categories.
Pro Hac Vice Admission
Lawyers admitted and in good standing in another state or territory of the US, or the District of Columbia, or in a foreign country, may be admitted pro hac vice at the discretion of any court of record in New York to participate in a matter in which the attorney is employed. To participate in pre-trial or trial proceedings, pro hac vice candidates must be associated with an attorney who is a member in good standing of the New York bar, who shall be the attorney of record in the matter. Contact the chambers or clerk of the court of record for additional instructions.
To review the rules for pro hac vice admission (§520.11 of the Rules of the Court of Appeals) see: §520.11 - Admission Pro Hac Vice
NOTE: Additionally, the rule includes a provision for out-of-state attorneys to temporarily practice in New York on a pro bono basis in the event of a major disaster in New York State as determined by the Court of Appeals.
In-House Counsel Registration
Attorneys who, though not admitted to the New York bar, are employed full-time in this state as In-House Counsel by a corporation, partnership, association, or other legal entity that is not itself engaged in the practice of law or the rendering of legal services outside such organization may apply to register as In-House Counsel in New York. Applicants must be admitted to the practice of law in at least one jurisdiction which permits attorneys admitted in New York to practice as In-House Counsel in that jurisdiction.
Further,of the Rules of the Court of Appeals permit attorneys registered as In-House Counsel in New York, who are members in good standing in another state or territory of the US or in the District of Columbia, to provide pro bono legal services in New York.
Additionally, the rules now make In-House Counsel registration available to foreign attorneys who are members in good standing of a recognized legal profession in a non-United States jurisdiction, the members of which are admitted to practice as lawyers or counselors at law or the equivalent and subject to effective regulation by a duly constituted professional body or public authority. This foreign jurisdiction must also permit attorneys admitted to the New York bar to practice as In-House Counsel in that non-United States jurisdiction.
For additional information including the complete rule, application forms, instructions and the list of qualifying US jurisdictions see: In-House Counsel
An attorney who is a member in good standing of a recognized legal profession in a foreign country, the members of which are admitted to practice as attorneys or counselors at law or the equivalent and are subject to effective regulation and discipline by a duly constituted professional body or a public authority, may apply to be licensed to practice as a foreign legal consultant in New York State. Foreign legal consultants may only render advice or provide legal services in New York concerning the law of the foreign country in which they are admitted to practice.
Application to practice as a foreign legal consultant should be made to the Appellate Division, (www.nycourts.gov/courts/appellatedivisions.shtml), in the department in which he or she resides or intends to practice and the license will be granted at the discretion of the court.
Effective July 12, 2017 the New York State Court of Appeals amended its Rules for the Licensing of Legal Consultants (Part 521) to require all individuals licensed in New York as FLC to register with the Office of Court Administration (OCA). The Rules of the Chief Administrator (118.3) were also amended, effective January 1, 2018, to establish procedures for the biennial registration of FLC in New York.
To review the rules for the licensing of foreign legal consultants (§521 of the Rules of the Court of Appeals) including application requirements, allowable scope of practice and other rights, obligations and provisions see: §521 - Licensing of Legal Consultants
Temporary Practice (“Fly-in Fly-out”)
In certain limited circumstances, New York rules allow the temporary practice of law in New York by out-of-state and foreign attorneys. An attorney providing such temporary legal services may not establish an office or other systematic presence in the State or hold out to the public or otherwise represent that the attorney is admitted to practice here. Additionally, attorneys practicing pursuant to these rules are subject to the New York Rules of Professional Conduct and the disciplinary authority of this State.
To review the rules for the temporary practice of law in New York (§523 of the Rules of the Court of Appeals) see: §523 - Temporary Practice of Law in New York