New rule would allow more lawyers to serve disaster victims for free
Friday, July 06, 2007
- Organization: Associated Press
- Source: PBLO
Under the measure, lawyers from other states would be allowed to perform pro bono services temporarily in New York after a major disaster, whether in their home state or New York.
"When a disaster strikes, families are affected in many different ways and lawyers can play a significant role in helping victims recover," said New York State Bar Association President Kathryn Grant Madigan.
Generally, lawyers can only practice in jurisdictions where they are registered, said Madigan. At present, an out-of-state lawyer must file a motion with the state court system for what's called "pro hac vice" admission to perform any legal services in New York. Decisions are made on a case by case basis, and the process can be time-consuming.
The new proposal, endorsed last week at the bar association's summer meeting, has been forwarded to state Chief Justice Judith Kaye for review. If adopted by the Unified Court System, the court could temporarily waive the process and allow lawyers to provide pro bono, or free, services after a state of emergency is declared by officials.
Gary Spencer, spokesman for the Court of Appeals, said Tuesday that Kaye had not seen the bar association's proposal yet and could not comment on it.
The proposal, modeled after a similar measure approved in February by the American Bar Association, was inspired by the aftermath of Hurricanes Katrina, Rita, and Wilma in 2005. The ABA's rule allows out-of-state attorneys to perform voluntary service for disaster victims for a short time, through established, designated programs.
Many New York lawyers went down to the Gulf Coast to assist after the disasters, said Madigan. In January 2006, the Supreme Court of Louisiana issued a one-year emergency rule that allowed non-admitted lawyers to volunteer service to hurricane victims, according to the Katrina Legal Aid Resource Center.
The rule would also permit an out-of-state lawyer to work in New York if there is a disaster in their home jurisdiction.
"Lawyers from Pennsylvania, for instance, would be allowed to temporarily shift their operations to say, Binghamton, to continue serving their clients," said Madigan, who works at the firm Levene, Gouldin and Thompson LLP in Binghamton.
Iowa is the only state with a rule allowing lawyers not admitted to the state bar to practice in the event of a mass disaster there, bar association spokesman Scott Eisenstein said. Other states are looking into the issue.
The New York State Bar Association, the oldest and largest voluntary state bar association in the country, is a separate entity from the state's licensing body - the state Office of Court Administration.
© Brooklyn Daily Eagle 2007
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