The state Court of Appeals has invoked its “major disaster rule” to allow attorneys authorized to practice law in other states to provide temporary, pro bono legal services to New Yorkers affected by Hurricane Sandy. In a notice to the bar yesterday, court administrators said they have determined that the storm created an emergency affecting the justice system. Under 22 NYCRR 520.11[d], which was adopted last year, lawyers from out of state who are not authorized to practice in New York may temporarily offer legal services to those affected by a major disaster. Such legal services must be provided pro bono and without the expectation that lawyers will realize any pecuniary gain from the clients they represent.
The rule applies only in areas where the state has declared major disaster. Governor Andrew Cuomo declared disaster areas in the Bronx, Brooklyn, Manhattan, Staten Island, Queens and Suffolk, Nassau, Putnam, Rockland, Westchester, Orange, Sullivan and Ulster counties. Under the major disaster rule, out-of-state attorneys must be assigned and supervised through a not-for-profit bar group or organizations providing legal services to the poor.
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