Definition of unauthorized practice of law in the new york
In New York, the unauthorized practice of law (UPL) is defined as the performance of legal services by a person who is not licensed to practice law in the state. This includes individuals who are not attorneys-at-law, as well as attorneys who are not authorized to practice law in New York.
New York's definition of UPL is found in the New York State Judiciary Law, Section 478, which states:
"A person shall not practice law in this state or hold himself out as an attorney-at-law or counselor-at-law, or use any title or designation implying that he is an attorney-at-law or counselor-at-law, or perform any act which constitutes the practice of law, unless he is a member of the bar of this state or is authorized to practice law in this state by the rules of the court."
The New York State Bar Association (NYSBA) provides additional guidance on what constitutes UPL, including:
- Representing clients in court or before administrative agencies
- Drafting legal documents, such as wills, contracts, or pleadings
- Providing legal advice or counsel
- Negotiating or settling legal disputes
- Appearing as an advocate or representative in any legal proceeding
The NYSBA also notes that UPL can take many forms, including:
- Unauthorized practice by non-lawyers, such as paralegals or legal assistants
- Unauthorized practice by out-of-state attorneys who are not licensed to practice in New York
- Unauthorized practice by attorneys who are suspended or disbarred
- Unauthorized practice by individuals who are not licensed to practice law in any jurisdiction
The New York State Court of Appeals has held that UPL is a serious violation of the public trust and can result in severe penalties, including fines and imprisonment.
It's worth noting that there are some exceptions to the UPL rules in New York, such as:
- Paralegals and legal assistants who are supervised by an attorney and perform tasks that do not require the exercise of independent judgment
- Non-lawyers who provide legal services in a limited capacity, such as preparing legal documents or providing legal information, under the supervision of an attorney
- Out-of-state attorneys who are licensed to practice law in another jurisdiction and are authorized to practice law in New York under the rules of the court.
If you have any questions or concerns about UPL in New York, it's best to consult with an attorney or the New York State Bar Association.