Courts and Law

New York lawyers frustrated after governor rejects rule allowing them to remotely work out of state

December 28, 2023 Robert Abruzzese, Courthouse Editor
1 Elk Street in Albany, home of the NYS Bar Association.Eagle file photo
1 Elk Street in Albany, home of the NYS Bar Association.
Eagle file photo
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The New York State Bar Association (NYSBA) has expressed its dismay following Gov. Kathy Hochul’s veto of a bill that sought to repeal Judiciary Law Section 470. This law, established in 1909, mandates out-of-state attorneys to maintain in-state offices to practice in New York.

Richard Lewis, president of the New York State Bar Association.
Richard Lewis, president of the NYS Bar Association, had continuously advocated for changing a 100-plus year old law to allow lawyers to work out of state.
Photo courtesy of the NYSBA

Richard Lewis, president of the NYSBA, criticized the governor’s decision, highlighting the law’s redundancy in today’s technological landscape. 

“We are both dismayed and confused by the governor’s veto of the repeal of a law that requires out-of-state attorneys to have in-state offices,” Lewis said. “Remote work, virtual court appearances, and e-filing — all accelerated by the COVID pandemic — have demonstrated beyond a doubt that this antiquated century-old law is unnecessary and, in fact, impedes opportunities to expand access to justice.”

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The NYSBA had advocated for the repeal, arguing that the law’s removal would have eased the practice for lawyers licensed in New York, particularly benefiting underserved rural communities upstate. According to the association’s 2019 report, only 4 percent of New York lawyers practice upstate, and a significant portion of them are nearing retirement.

“The repeal would have helped alleviate the shortage of lawyers in rural areas, which is already a crisis in New York State, but the governor’s veto message claims the opposite,” Lewis added. “To suggest that maintaining an outdated and unnecessary requirement will somehow ensure adequate representation is contrary to common sense and the facts.  

“The governor chose regulations over reality,” Lewis said, blasting Hochul.

The veto is seen as a missed opportunity to adapt to modern legal practices and expand access to justice. The NYSBA has vowed to continue its efforts to amend this law, emphasizing the need for regulations that reflect current realities and serve the interests of New Yorkers.


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