22 CRR-NY 524.3NY-CRR
STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 22. JUDICIARY
SUBTITLE B. COURTS
CHAPTER I. COURT OF APPEALS
SUBCHAPTER C. RULES FOR ADMISSION OF ATTORNEYS AND COUNSELORS-AT-LAW
PART 524. RULES OF THE COURT OF APPEALS FOR THE TEMPORARY AUTHORIZATION OF CERTAIN LAW GRADUATES TO ENGAGE IN THE SUPERVISED PRACTICE OF LAW IN NEW YORK
22 CRR-NY 524.3
22 CRR-NY 524.3
524.3 Scope of supervised practice.
(a) With the approval of the Appellate Division of the Supreme Court, the applicant is authorized to perform, under the supervision of a supervising attorney and subject to the terms of the order of the Appellate Division of the Supreme Court, and subject to the limitations set forth in subdivision (b) of this section, the functions of an attorney and counselor-at-law throughout the State.
(b) Limitations on authorized practice.
(1) A supervising attorney shall be actually present to supplement or correct any written or oral statement, or any action of the applicant in all:
(i) examinations before trial; and
(ii) cases in which the applicant appears before a court, except for routine calendar calls. If a supervising attorney is not available and present, the matter may not proceed. For routine calendar calls, a supervising attorney shall be immediately available to appear should the need arise. In all circumstances, the applicant’s appearance shall be on notice to the jurist before whom the appearance is made.
(2) A supervising attorney must approve the final versions of all legal and litigation documents drafted by the applicant, and the supervising attorney’s name must appear thereon. Where a signature is required by section 130 of the rules of the Chief Administrator of the Courts (Part 130 of this Title), the paper shall be signed by a qualified supervisor.
(3) The applicant may not open or maintain any attorney escrow account and may not be a signatory on any attorney escrow account.
(4) The applicant may not finally dispose of any matter without the prior approval of a supervising attorney.
(5) Whenever appearing before the Court of Appeals or the Appellate Division of the Supreme Court, the applicant must secure prior court approval.
(c) Nothing in this Part shall be construed to limit any authority to practice law pursuant to other rules or laws of this State.
22 CRR-NY 524.3
Current through August 31, 2021
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