PART 118. Registration of Attorneys, In-House Counsel, and Foreign Legal Consultants

118.1 Filing requirement
118.2 Public access to attorney registration information

Registration of In-House Counsel and Foreign Legal Consultants
118.3 Filing requirement
118.4 Public access to in-house counsel registration information

Section 118.1 Filing requirement

(a) Every attorney admitted to practice in New York State on or before January 1, 1982, whether resident or nonresident, and whether or not in good standing, shall file a registration statement with the Chief Administrator of the Courts no later than March 1, 1982, and during each alternate year thereafter, within 30 days after the attorney's birthday, for as long as the attorney remains duly admitted to the New York bar.

(b) Every attorney admitted to practice in New York State after January 1, 1982, and on or before January 1, 1986, whether resident or nonresident, and whether or not in good standing, shall file a registration statement within 60 days of the date of such admission, and during each alternate year thereafter, within 30 days after the attorney's birthday, for as long as the attorney remains duly admitted to the New York bar.

(c) Every attorney admitted to practice in New York State after January 1, 1986, whether resident or nonresident, and whether or not in good standing, shall file a registration statement prior to taking the constitutional oath of office, and during each alternate year thereafter, within 30 days after the attorney's birthday, for as long as the attorney remains duly admitted to the New York bar.

(d) The registration statement shall be filed in person at the Office of Court Administration, 25 Beaver Street, 8th Floor, in the City of New York, or by means of an online program implemented by the Chief Administrator, or by ordinary mail addressed to:

State of New York
Office of Court Administration
General Post Office
P.O. Box 29327
New York, NY 10087-9327

The report of pro bono services and charitable contributions described in section 118.1(e)(14) shall be filed in the manner directed by the Chief Administrator of the Courts.

(e) The registration statement shall be on a form provided by the Chief Administrator and shall include the following information, attested to by affirmation:

(1) name of attorney;

(2) date of birth;

(3) name when admitted to the bar;

(4) law school from which degree granted;

(5) year admitted to the bar;

(6) judicial department of admission to the bar;

(7) office addresses (including department);

(8) home address;

(9) business telephone number,

(10) social security number;

(11) e-mail address(optional);

(12) race, gender, ethnicity and employment category (optional);

(13) compliance with child support obligations;

(14) in a separate statement, filed anonymously in a manner directed by the Chief Administrator, (a) a mandatory report of pro bono services and contributions, as defined in Rule 6.1 of the attorney Rules of Professional Conduct, performed or contributed by the attorney in the previous two calendar years, and (b) a report of such other pro bono service and contributions over the same period as the attorney may choose to describe.

(f) In the event of a change in the name of attorney, office addresses, home address, business telephone number, or e-mail address reported pursuant to subdivision (e) of this section, the attorney shall file an amended statement within 30 days of such change.

(g) Each registration statement filed pursuant to this section shall be accompanied by a registration fee of $375. No fee shall be required from an attorney who certifies that he or she has retired from the practice of law. For purposes of this section, the "practice of law" shall mean the giving of legal advice or counsel to, or providing legal representation for, particular body or individual in a particular situation in either the public or private sector in the State of New York or elsewhere, it shall include the appearance as an attorney before any court or administrative agency. An attorney is "retired" from the practice of law when, other than the performance of legal services without compensation, he or she does not practice law in any respect and does not intend ever to engage in acts that constitute the practice of law. For purposes of section 468-a of the Judiciary Law, a full-time judge or justice of the Unified Court System of the State of New York or of a court of any other state or of a federal court, shall be deemed "retired" from the practice of law. An attorney in good standing, at least 55 years old and with at least 10 years experience, who participates without compensation in an approved pro bono legal services program, may enroll as an "attorney emeritus."

(h) Failure by any attorney to comply with the provisions of this section shall result in referral for disciplinary action by the Appellate Division of the Supreme Court pursuant to section 90 of the Judiciary Law.

Historical Note
Sec. filed Dec. 30, 1981; amds. filed: Oct. 30, 1985; June 30, 1986; Oct. 27, 1989; July 2, 1990; Oct. 4, 1990; Sept. 3, 1997; May 17, 1999; Oct. 13, 1999 eff. Jan. 1, 2000. Amended (e).

Amended (e) & (g) effective Jan. 1, 2010

Amended (g) effective Sept. 1, 2010

Amended (e) & (g) on Dec. 17, 2010

Amended (d) effective Apr. 1, 2011

Added (e) (14) effective May. 1, 2013

Amended (d), (e) (14), (f) on Apr 15, 2015 effective May 1, 2015

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Section 118.2 Public access to attorney registration information

(a) Except as otherwise provided in this section, the information contained in the registration statement filed pursuant to section 118.1 of this Part shall be made available to the public upon submission of a written request and the payment of a charge for production, pursuant to the following schedule:

(1) Information for individual registered attorney by name:

(i) no charge for single inquiry;

(ii) $2.50 for each additional name.

(2) Names and business addresses of registered attorneys by geographical area:

(i) $25.00 for 100 or fewer names;

(ii) $1.00 for each additional 100 names;

(iii) $100.00 for list of all registered attorneys.

Other requests may entail additional fees as circumstances warrant. Fees may be waived for requests by government agencies. Written requests for information shall be made to the Attorney Registration Unit, Office of Court Administration, 25 Beaver Street, New York, NY 10004.

(b)

(1) The home address of an attorney shall be made available to the public only in the following circumstances:

(i) where no office is listed, the home address will be made public;

(ii) where an office address is listed, but a request for information alleges that the attorney cannot be located at that address, the home address will be made public only if the Chief Administrator determines, by independent inquiry, that the attorney cannot be located at the listed office address.

(2) The date of birth, social security number, race, gender, ethnicity and employment category of the attorney shall not be made available to the public.

(c) All information relating to a particular attorney will be provided to that attorney or, on the attorney's written request, to any person or agency.

(d) All information, other than anonymous pro bono data, will be available at all times to the attorney grievance committees of the Appellate Divisions.

(e) Upon a showing of good cause in individual cases, a Presiding Justice of the Appellate Division may direct the non-disclosure of information otherwise available pursuant to this section.

Historical Note
Sec. filed Dec. 30, 1981; amds. filed: Feb. 11, 1982; Jan. 14, 1983; Sept. 3, 1997; May 1, 1998; Oct. 13, 1999 eff. Jan. 1, 2000. Amended (b).

Amended (b)(2) effective Jan. 1, 2010

Amended (b)(2) on Mar 8, 2012

Amended (d) on Apr 15, 2015 effective May 1, 2015

Added (e) on May 26, 2015 effective June 1, 2015

Amended (d) on Mar. 12, 2018

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Registration of In-House Counsel and Foreign Legal Consultants

Section 118.3 Filing requirement

(a) Every in-house counsel and every foreign legal consultant approved by an Appellate Division for registration in New York State shall file an initial registration statement with the Chief Administrator of the Courts within 30 days of the date of receipt notice of such approval, or at such other time as the Chief Administrator may direct. During each alternate year thereafter, each such registrant shall file a subsequent registration statement within 30 days after the registrant's birthday, for as long as the registrant remains eligible for registration pursuant to the Rules of the Court of Appeals.

(b) The initial registration statement shall be filed by ordinary mail addressed to:

State of New York
Office of Court Administration
General Post Office
P.O. Box 29327
New York, NY 10087-9327

Subsequent registration statements shall be filed by an online program established for that purpose.

(c) The registration statement shall be on a form provided by the Chief Administrator and shall include the following information, attested to by affirmation:

(1) name of the registrant;
(2) date of birth;
(3) name when first registered;
(4) law school from which degree granted;
(5) year of initial registration;
(6) judicial department of registration;
(7) office addresses (including department);
(8) home address;
(9) business telephone number,
(10) social security number;
(11) e-mail address;
(12) race, gender, ethnicity and employment category (optional);
(13) compliance with child support obligations; and
(14) if registering as a foreign legal consultant, the name of the foreign country of his or her admission to practice.

(d) In the event of a change in any of the information required to be provided pursuant to subdivision (c) of this section, the registrant shall file an amended statement within 30 days of such change.

(e) Failure by any in-house counsel or foreign legal consultant to comply with the provisions of this section shall result in termination of the registrant's status as foreign legal consultant or in-house counsel pursuant to Part 521 or Part 522 of the Rules of the Court of Appeals, as well as disciplinary action by the Appellate Division of the Supreme Court.

Historical Note
Added 118.3 on May 18, 2011
Amended 118.3 on Dec. 6, 2017, effective Jan 1, 2018

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Section 118.4 Public access to registration information

(a) Except as otherwise provided in this section, the information contained in the registration statement filed pursuant to section 118.3 of this Part shall be made available to the public upon submission of a written request and the payment of a charge for production, pursuant to the following schedule:

(1) Information for individual registrants by name:

(i) no charge for single inquiry;
(ii) $2.50 for each additional name.

(2) Names and business addresses of registrants by geographical area:

(i) $25.00 for 100 or fewer names;
(ii) $1.00 for each additional 100 names;
(iii) $100.00 for list of all registrants. Other requests may entail additional fees as circumstances warrant. Fees may be waived for requests by government agencies. Written requests for information shall be made to the Attorney Registration Unit, Office of Court Administration, 25 Beaver Street, New York, NY 10004.

(b)

(1) The home address of a registrant shall be made available to the public only in the following circumstances:

(i) where no office is listed, the home address will be made public;
(ii) where an office address is listed, but a request for information alleges that the registrant cannot be located at that address, the home address will be made public only if the Chief Administrator determines, by independent inquiry, that the registrant cannot be located at the listed office address.

(2) The date of birth, social security number, race, gender, ethnicity and employment category of the registrant shall not be made available to the public.

(c) All information relating to a particular registrant will be provided to that registrant or, on the registrant's written request, to any person or agency.

(d) All information will be available at all times to the attorney grievance committees of the Appellate Divisions.

Historical Note
Added 118.4 on May 18, 2011
Amended (b)(2) on Mar 8, 2012
Amended 118.3 on Dec. 6, 2017, effective Jan 1, 2018

Amended (d) on Mar. 12, 2018