Posted: May 17, 2011

 NOTICE TO ACC-GNY Membership:

As you may know, the New York Court of Appeals has been considering the implementation of in-house registration rules for in-house counsel in New York. Effective April 20, 2011, the Court of Appeals has added a new Part 522 to the Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law, to provide for in-house registration. Significantly, Part 522 permits attorneys who are: (a) admitted to practice in the highest court in any other state or territory of the US or the District of Columbia; (b) currently admitted to the bar as an active member in good standing in at least one other jurisdiction which would permit an attorney admitted to practice in New York to register as in-house counsel; and (c) possess the good moral character and general fitness requisite for a member of the bar of New York, to be eligible to be registered as in-house counsel.

There does not appear to be a fee requirement associated with the application under Part 522. Any updates will be promptly advised to ACC-GNY membership.

The full text of Part 522 may be found at:

http://www.nycourts.gov/ctapps/news/nottobar/InHouseCounsel041111.pdf

Significant points include the following:

1, Current in-house counsel in New York as of the April 20, 2011 effective date who are not admitted in New York, have until July 19, 2011 to file an application for registration.

2, Counsel employed in-house in New York after the April 20, 2011 effective date who are not admitted in New York, must file an application for registration within 30 days of the commencement of employment.

3, Applicants for registration must file with the Clerk of the Appellate Division for the department in which applicant resides, is employed or intends to be employed as in-house counsel the following:
    
(i)    A certificate in good standing from each jurisdiction in which the applicant is licensed to practice law;
(ii)    A letter from each jurisdiction’s grievance committee, or other body entertaining complaints against attorneys, certifying whether charges have been filed with or by such committee or body against the applicant, and, if so, the substance of the charges and the disposition thereof;
(iii)    An affidavit certifying that the applicant (a) performs or will perform legal services in New York solely and exclusively as provided in Section 522.4 of the Rule and (b) agrees to be subject to the disciplinary authority of New York and to comply with the New York Rules of Professional Conduct and the rules of conduct in the judicial department where the attorney’s registration will be issued; and
(iv)    An affidavit or affirmation signed by an officer, director, or general counsel of the applicant’s employer, on behalf of that employer, attesting that the applicant is or will be employed as an attorney for the employer and that the nature of the employment conforms to the requirements of Part 522.

4, An attorney registered as in-house counsel under Part 522 must comply with the rules set out in Section 522.3 of the Rule.