Challengers of Bona Fide Office Rule Sent Packing
A Third Department panel has denied requests by a Massachusetts assistant attorney general and a private lawyer to waive the in-state office requirement of Judiciary Law §470 that would have allowed them to appear in a civil action brought against Massachusetts-based police departments.
August 15, 2017 at 04:04 PM
2 minute read
A state appeals court has denied nunc pro tunc waiver requests by a Massachusetts assistant attorney general and a private lawyer that would have allowed them to appear in a civil action brought against Massachusetts-based police departments.
An Appellate Division, Third Department, panel has rejected applications by assistant attorney general Abigail Fee and David Lawless, the private lawyer, for a nunc pro tunc waiver of Judiciary Law §470. The law provides that lawyers admitted in New York state, residing in an adjoining state, may practice in New York provided they keep a New York office.
Fee and Lawless, apparently both Massachusetts residents, are admitted in New York but don't maintain offices here. They applied for nunc pro tunc waivers of Judiciary Law §470's law office requirement, seeking to appear on behalf of clients in Stegemann v. Rensselaer County Sheriff's Office, 521653.
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