Chief Judge Jonathan Lippman is to be greatly commended for issuing two important challenges to the New York bar to make recommendations on how to address deeply important issues facing the profession. First, he has issued a proposed change in the Rules of the Court of Appeals governing the admission of attorneys to practice in New York that would permit the temporary practice in New York by lawyers from other states. Second, he established the Commission on Statewide Attorney Discipline tasked “to conduct a comprehensive review of the state’s attorney disciplinary system to determine what is working well and what can work better, and offer recommendations to enhance the efficiency and effectiveness of New York’s attorney discipline process.” This article will show how the profession has (or has not) risen to the challenges—and will suggest to the chief judge how he can lead us to better solutions than the profession is prepared to endorse.
Temporary Practice
On Sept. 4, 2015, Chief Judge Lippman caused to be issued a Request for Public Comment on Proposed New Section 523 of the Rules of the Court of Appeals Authorizing the Temporary Practice of Law in New York State by Out-of-State and Foreign Attorneys. Before turning to the substance of the proposed rule, it is important to recognize the procedural context of the proposal. The substance of the rule addresses the ABA’s adoption of Model Rule of Professional Conduct 5.5 which was adopted by the ABA in [2003] and has, in some form or other, subsequently been adopted in more than 40 states—but not New York.
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