This is our third article in a trilogy of sorts addressing recent developments in the legal profession and their effect on the practice of law in New York. In a Feb. 26, 2016, Outside Counsel piece titled “Lowering the New York Bar: Will New Exam Prepare Attorneys for Practice?” we discussed the changes in store for the New York State Bar Exam, which will essentially be replaced by the Uniform Bar Exam in July. In a March 10, 2016, piece titled “No License Required: Temporary Practice in New York State,” we examined the new Part 523 of the Rules of the Court of Appeals, which became effective on Dec. 30, 2015. Part 523 allows lawyers admitted in other states and countries, but not admitted to practice in New York, to provide legal services to clients here on a temporary basis.

This article will examine the Second Circuit’s recent decision in Schoenefeld v. Schneiderman, No. 11–4283–cv, 2016 WL 1612845 (2d Cir. April 22, 2016), which reversed the district court and upheld the constitutionality of Judiciary Law section 470. Section 470, which can be traced back to 1862, essentially requires nonresidents who are “regularly admitted to practice as an attorney and counsellor, in the courts of record of this state…” to maintain a law office in New York. The statute imposes a burden on nonresident New York attorneys, but the U.S. Court of Appeals for the Second Circuit held that the requirement could not be classified as an unconstitutional hardship.

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