New rule in New York allows out-of-state attorneys to offer free services

A rule change authorizing out-of-state attorneys employed as in-house counsel in New York to provide free legal services to underserved communities goes into effect this week.

Announced Monday by Chief Judge Jonathan Lippman, the measure is the latest in a series by the Unified Court System to help bridge the state’s civil legal services gap. The new rule places New York among a handful of states that have broad practice rules expanding pro bono opportunities for out-of-state in-house counsel by allowing them to perform such service without supervision by attorneys licensed in New York. The new rule is significant given the large number of in-house counsel working in New York, the commercial center of the world, according to a release.

In-house counsel admitted to practice in New York face no barriers to engaging in pro bono service, but the many out-of-state in-house counsel employed in New York had been restricted from performing pro bono legal work. Under the new in-house pro bono rule (§522.8), in-house counsel admitted to practice and in good standing in another state or territory of the United States or the District of Columbia will be allowed to perform voluntary legal services on behalf of poor and underserved clients — including being permitted to appear before courts and other tribunals upon the filing of a notice of pro bono representation.

Registered in-house attorneys will be subject to the rules of the jurisdiction in which they are admitted as well as to the New York Rules of Professional Conduct and attorney disciplinary oversight applicable to all lawyers licensed in the state.

The new in-house pro bono rule was formulated upon the recommendations of the Advisory Committee on Pro Bono Service by In-House Counsel, appointed by Chief Judge Lippman in July and chaired by New York Court of Appeals Senior Associate Judge Victoria A. Graffeo.

The committee members reviewed proposals for reform issued by the New York State Bar Association and the Conference of Chief Judges, surveyed practice rules adopted by other states allowing out-of-state in-house counsel to engage in pro bono service and consulted with the Pro Bono Institute, which supports the pro bono efforts of major law firms, in-house corporate legal departments and public interest organizations in the U.S. and around the world. The advisory committee was also charged with broadening efforts to increase the registration of in-house counsel, a necessary first step for engaging in pro bono legal work.

“No issue is more fundamental to the well-being of our society than ensuring access to justice for everyone, regardless of means,” said Judge Lippman. “The in-house pro bono rule will go a long way to advance our efforts to narrow the state’s enormous access to justice gap. It effectively and appropriately leverages the legal skills of thousands of highly experienced out-of-state attorneys employed as in-house counsel in New York to benefit the state’s poor and underserved.”

Judge Graffeo said every lawyer has a professional obligation to promote access to justice, which will be easier with the new rule.

The proposal was released for public comment and all submissions expressed support for the proposal. Additional information is available at: www.nycourts.gov/attorneys/in-house-counsel/probono-by-IHC.shtml.