ACC submitted an amicus curiae brief to the US Supreme Court in support of a petition for writ of certiorari in Ekaterina Schoenefeld v. Eric T. Schneiderman, et al.
WASHINGTON (January 19, 2017) — The Association of Corporate Counsel (ACC), a global legal association representing more than 42,000 in-house counsel employed by over 10,000 organizations in 85 countries, yesterday submitted an amicus curiae brief to the US Supreme Court in support of a petition for writ of certiorari in Ekaterina Schoenefeld v. Eric T. Schneiderman, et al., a case challenging a New York law mandating that nonresident lawyers practicing in the state must hold physical office space in the jurisdiction.
In its brief, ACC urges the Supreme Court to consider the petition for writ of certiorari that Schoenefeld, a New York-licensed lawyer living in New Jersey, filed in December 2016. ACC interest in the case stems from the association's opposition to restraints on the practice of law, especially artificial practice barriers and conditions that disrupt the flow of legal services across jurisdictions, thereby harming in-house counsel and the corporations they represent.
New York Judiciary Law § 470 permits lawyers admitted to practice in New York, but residing elsewhere, to practice law in New York only if the lawyer's "office for the transaction of law business is within the state." Schoenefeld is specifically challenging the New York Court of Appeals and US Court of Appeals for the Second Circuit's narrow interpretation of the law, which required "nonresident attorneys practicing in New York to maintain a physical office" in the state.
"While New York is typically a leader in the modern practice of law, the state takes an antiquated and protectionist view by requiring nonresident attorneys to maintain physical office space in the state," said Amar D. Sarwal, ACC vice president and chief legal strategist. "This requirement reflects a bygone era rather than the demands of clients in today's global, technologically-advanced marketplace."
ACC argues that the in-house community will be disproportionately affected, as § 470 "needlessly impede[s] corporations' ability to hire outside counsel of their choice or relocate in-house legal staff." The narrow interpretation of the law could hamper in-house attorneys' flexibility to advise and represent their employers who do business in the state, yet do not have physical offices there, ACC states. Similarly, corporate counsel would only have the ability to hire law firms with physical offices in the state, possibly preventing their companies from obtaining the most qualified counsel.
The ACC brief is available here. Sarwal and Mary Blatch, ACC director of public policy and advocacy, represent ACC, with Lawrence S. Ebner of Capital Appellate Advocacy PLLC serving as counsel of record.
About ACC: The Association of Corporate Counsel (ACC) is a global legal association that promotes the common professional and business interests of in-house counsel who work for corporations, associations and other private-sector organizations through information, education, networking, and advocacy. With more than 42,000 members employed by over 10,000 organizations in 85 countries, ACC connects its members to the people and resources necessary for both personal and professional growth. By in-house counsel, for in-house counsel.® For more information, visit www.acc.com and follow ACC on Twitter: @ACCinhouse.
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