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Joshua G. Stegemann v. Rensselaer County Sheriff's Office et al.

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Applications by Abigail Fee and David Lawless for nunc pro tunc waivers of Judiciary Law § 470.

Abigail Fee, an Assistant Attorney General in Massachusetts, is counsel for eight of the instant defendants, including defendants Massachusetts State Police, the Berkshire County Sheriff’s Office and the Berkshire County District Attorney’s Office. David Lawless, a private attorney in Massachusetts, is counsel for six other defendants, including the City of Pittsfield and the Pittsfield Police Department. It is undisputed that both Fee and Lawless are admitted to practice law in New York, but that they do not maintain physical law offices in this state. Fee and Lawless acknowledge that their failure to maintain a law office in New York precludes them from practicing here pursuant to Judiciary Law § 470. In light of this, they each seek nunc pro tunc waivers of the law office requirement of Judiciary Law § 470 to enable them to practice before this Court. Plaintiff opposes the applications and contends that all of the work performed by Fee and Lawless throughout this action must be declared void from the beginning.

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