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Aiding in the Unauthorized Practice of Law

Censure was appropriate discipline for attorney who, after becoming aware that client had mailed out letters under his letterhead and bearing his purported signature in matters in which he had been retained by client did not advise recipients of letters, or court, that he was unaware of, and had not authorized, these letters and thereby aided a nonlawyer in unauthorized practice of law in violation of Disciplinary Rules prohibiting such misconduct.  In re Grossman, 934 N.Y.S.2d 206 (N.Y.A.D. 2 Dept., 2011).

NY State Assembly Bill to License Paralegals

 Copy of Bill

Summary:

BILL NO    A08532 

Add Art 167 SS8800 - 8802, Ed L

Requires licensure for the paralegal profession.

BILL NUMBER:A8532

TITLE OF BILL:

An act

to amend the education law, in relation to requiring licensure for

the paralegal profession

PURPOSE OR GENERAL IDEA OF THE BILL:

Requiring licensure for the paralegal profession.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: The education law is amended by adding a new article 167 to

read as follows; the board of regents upon the recommendation of the

commissioner shall establish a program to require the licensure of

paralegals practicing in this state. The program shall define the

scope of paralegal practice, establish license application fees and

license renewal fees and create an independent board to adopt rules

and regulations.

JUSTIFICATION:

Every year more and more attorneys are allowing their paralegals to

work extensively on important and complex cases: Cases that impact

the life of their clients and other people involved. Some of these

paralegals tend to commit errors that could lead to nightmares for

the clients. This legislation would require paralegal to have the

qualification necessary in order to provide improved and more

professional services to clients of attorneys.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

None.

EFFECTIVE DATE:

This act shall take effect on July 1, 2011.

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A08532 Text:

                           S T A T E   O F   N E W   Y O R K

       ________________________________________________________________________

                                         8532

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                     July 13, 2011

                                      ___________

       Introduced  by  M.  of  A.  N. RIVERA  --  read once and referred to the

         Committee on Higher Education

       AN ACT to amend the education law, in relation  to  requiring  licensure

         for the paralegal profession

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-

       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The education law is amended by adding a new article 167 to

    2  read as follows:

    3                                 ARTICLE 167

    4                                  PARALEGAL

    5  SECTION 8800. INTRODUCTION.

    6          8801. PARALEGAL PROGRAM.

    7          8802. USE OF THE TITLE "PARALEGAL".

    8    S 8800.  INTRODUCTION. THIS ARTICLE APPLIES TO THE  PARALEGAL  PROFES-

    9  SION.  THE  GENERAL  PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE

   10  ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.

   11    S 8801. PARALEGAL PROGRAM. 1. THE BOARD OF REGENTS UPON THE  RECOMMEN-

   12  DATION  OF  THE  COMMISSIONER  SHALL  ESTABLISH A PROGRAM TO REQUIRE THE

   13  LICENSURE OF ALL PARALEGALS PRACTICING IN THIS STATE.

   14    2. THE PROGRAM SHALL: (A) DEFINE  THE  SCOPE  OF  PARALEGAL  PRACTICE;

   15  PROVIDE  MANDATORY  MINIMUM  STANDARDS AND PROCEDURES FOR INITIAL QUALI-

   16  FICATIONS; AND PROVIDE REQUIREMENTS FOR  CONTINUING  EDUCATION,  CERTIF-

   17  ICATION, AND PROFESSIONAL CONDUCT;

   18    (B) ESTABLISH LICENSE APPLICATION FEES AND LICENSE RENEWAL FEES, WHICH

   19  SHALL  NOT  EXCEED ONE HUNDRED DOLLARS EACH. THE REVENUES GENERATED FROM

   20  SUCH FEES SHALL BE USED SOLELY TO ADMINISTER THE PROGRAM  AND  SHALL  BE

   21  SET  AT  A LEVEL THAT DOES NOT EXCEED THE AMOUNT NECESSARY TO ENSURE THE

   22  CONTINUED OPERATION OF THE PROGRAM; AND

   23    (C) CREATE AN INDEPENDENT BOARD TO ADOPT RULES AND REGULATIONS, ESTAB-

   24  LISH PROCEDURES, AND ASSIST THE BOARD IN ADMINISTERING THIS SECTION.

   25    S 8802. USE OF THE TITLE "PARALEGAL". ONLY  A  PERSON  LICENSED  UNDER

   26  THIS ARTICLE SHALL USE THE TITLE "PARALEGAL".

   27    S 2. This act shall take effect on July 1, 2011.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                             [ ] is old law to be omitted.

New York Attorney Disciplined for Sharing Fees with a Nonlawyer and for Paying for a Referral

The Committee on Grievances found that the attorney accepted $5,000 from Client Roe's family and did no legal work on his behalf; that the attorney shared legal fees with a nonlawyer, Inmate Doe, to compensate him in part for his “legal” work and for recommending the respondent's services to other inmates. In re Saghir 925 N.Y.S.2d 99, 101 (N.Y.A.D. 2 Dept.,2011).

www.statsky.blogspot.com

Failure to Supervise

Attorney disciplined for failure to supervise a non-attorney in connection with the escrow account.
In re Armenakis 924 N.Y.S.2d 84, 85 (N.Y.A.D. 1 Dept.,2011)

Failure to Supervise Nonattorney; Allowing Nonattorney to Sign Attorney’s Name on Checks

Attorney violated disciplinary rule requiring adequate supervision of non–attorney employees by employing non–attorney office manager and, while attorney was seriously ill and absent from her office for several months, knowingly allowed employee to issue and signed his name on at least 17 checks from her attorney escrow account. In re Mednik 923 N.Y.S.2d 195 (N.Y.A.D. 2 Dept.,2011)

More

Power of Attorney Does Not Confer a Right of Nonattorney Representation

A tenant sued in a summary proceeding must either appear in person or hire an attorney to appear. The prohibition against a lay person appearing on behalf of the tenant in a summary proceeding must be enforced by the courts, even where the person appearing for the party has a duly executed power of attorney. Even where the parties are closely related and united in interest the proscription still applies.
Parkchester Preservation Co., LP v. Feldeine 922 N.Y.S.2d 744 (N.Y.City Civ.Ct.,2011) 

Bill Statsky

www.statsky.blogspot.com