Title JUD, Judiciary

§ 469. Continuance where attorney is member of legislature. When a party to a civil action or proceeding shows by his or his attorney's affidavit that his attorney is a member of the legislature of the state of New York, that the legislature is in regular or special session or t…

§ 47. Resignation not to divest commission or court of appeals of jurisdiction. The jurisdiction of the court of appeals and the commission pursuant to this article shall continue notwithstanding that a judge resigns from office after a determination of the commission that the j…

§ 470. Attorneys having offices in this state may reside in adjoining state. A person, regularly admitted to practice as an attorney and counsellor, in the courts of record of this state, whose office for the transaction of law business is within the state, may practice as such …

§ 471. Attorney who is judge's partner or clerk prohibited from practicing before him or in his court. The law partner or clerk of a judge shall not practice before him, as attorney or counsellor in any cause, or be employed in any cause which originated before him. A law partne…

§ 472. Attorney who is surrogate's parent or child prohibited from practicing berfore him. A surrogate's parent or child shall not practice or be employed as attorney or counsel, in any case, in which his partner or clerk is prohibited by law from so practicing, or being employe…

§ 473. Constables, coroners, criers and attendants prohibited from practicing during term of office. A constable, coroner, crier, or attendant of a court, shall not, during his continuance in office, practice as an attorney or counsellor in any court, nor shall a sheriff, under-…

§ 474. Compensation of attorney or counsellor. The compensation of an\nattorney or counsellor for his services is governed by agreement,\nexpress or implied, which is not restrained by law, except that no\nagreement made hereafter between an attorney and a guardian of an infant\…

§ 474-a. Contingent fees for attorneys in claims or actions for\nmedical, dental or podiatric malpractice. 1. For the purpose of this\nsection, the term "contingent fee" shall mean any attorney's fee in any\nclaim or action for medical, dental or podiatric malpractice, whether\n…

§ 474-b. Attorney retainer statements. The office of court administation shall make available to the department of social services copies of retainer statements or closing statements filed with the office of court administration pursuant to the rules of the appellate divisions, …

§ 475. Attorney's lien in action, special or other proceeding. From the commencement of an action, special or other proceeding in any court or before any state, municipal or federal department, except a department of labor, or the service of an answer containing a counterclaim, …

§ 475-a. Notice of lien. If prior to the commencement of an action, arbitration, mediation or a form of alternative dispute resolution, or a special or other proceeding, an attorney serves a notice of lien upon the person or persons against whom his or her client has or may have…

§ 476. Action against attorney for lending his name in suits and against person using name. If an attorney knowingly permits a person not being his general law partner, or a clerk in his office, to sue out a mandate, or to prosecute or defend an action in his name, he, and the p…

§ 476-a. Action for unlawful practice of the law. 1. The attorney-general may maintain an action upon his or her own information or upon the complaint of a private person or of a bar association organized and existing under the laws of this state against any person, partnership,…

§ 476-b. Injunction to restrain defendant from unlawful practice of the law. In a civil action brought as prescribed in section four hundred seventy-six-a of this article, the final judgment in favor of the plaintiff shall perpetually restrain the defendant from the commission o…

§ 476-c. Investigation by the attorney-general. 1. The attorney-general is empowered to conduct an investigation of any complaint of unlawful practice of the law and in connection therewith, the attorney-general, his deputy, assistant, special assistant or other officer designat…

§ 477. Settlement of actions for personal injury. If, in an action commenced to recover damages for a personal injury or for death as the result of a personal injury, an attorney having or claiming to have a lien for services performed or to be performed who shall have appeared …

§ 478. Practicing or appearing as attorney-at-law without being admitted and registered. It shall be unlawful for any natural person to practice or appear as an attorney-at-law or as an attorney and counselor-at-law for a person other than himself or herself in a court of record…

§ 479. Soliciting business on behalf of an attorney. It shall be unlawful for any person or his agent, employee or any person acting on his behalf, to solicit or procure through solicitation either directly or indirectly legal business, or to solicit or procure through solicitat…

§ 48. Courts on the judiciary; former commission on judicial conduct; jurisdiction and powers. Notwithstanding any other law to the contrary: 1. If a court on the judiciary shall have been convened before the first day of April, nineteen hundred seventy-eight, and the proceeding…

§ 480. Entering hospital to negotiate settlement or obtain release or statement. It shall be unlawful for any person to enter a hospital for the purpose of negotiating a settlement or obtaining a general release or statement, written or oral, from any person confined in said hos…

§ 481. Aiding, assisting or abetting the solicitation of persons or the procurement of a retainer for or on behalf of an attorney. It shall be unlawful for any person in the employ of or in any capacity attached to any hospital, sanitarium, police department, prison or court, or…

§ 482. Employment by attorney of person to aid, assist or abet in the solicitation of business or the procurement through solicitation of a retainer to perform legal services. It shall be unlawful for an attorney to employ any person for the purpose of soliciting or aiding, assi…

§ 483. Signs advertising services as attorney at law. It shall be unlawful for any person to maintain on real property or to permit or allow any other person to maintain, on such property a sign, in any language, to the effect that an attorney-at-law or legal services are availa…

§ 484. None but attorneys to practice in the state. No natural person\nshall ask or receive, directly or indirectly, compensation for appearing\nfor a person other than himself as attorney in any court or before any\nmagistrate, or for preparing deeds, mortgages, assignments, di…

§ 485. Violation of certain preceding sections a misdemeanor. Except as provided in section four hundred eighty-five-a of this article, any person violating the provisions of section four hundred seventy-eight, four hundred seventy-nine, four hundred eighty, four hundred eighty-…

§ 485-a. Violation of certain sections a class E felony. Any person who violates the provisions of sections four hundred seventy-eight, four hundred eighty-four, four hundred eighty-six or four hundred ninety-five of this article is guilty of a class E felony when he or she: (1)…

§ 486. Practice of law by attorney who has been disbarred, suspended, or convicted of a felony. Any person whose admission to practice as an attorney and counselor-at-law has been revoked or who has been removed from office as attorney and counselor-at-law or, being an attorney …

§ 486-a. Conviction for felony of person who is an attorney and counselor at law; notice thereof to be given by clerk to appropriate appellate division of the supreme court. Whenever it appears from the record that a person who has been convicted of any crime which is a felony, …

§ 487. Misconduct by attorneys. An attorney or counselor who: 1. Is guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party; or, 2. Wilfully delays his client's suit with a view to his own gain; or, wilfully receiv…

§ 488. Buying demands on which to bring an action. An attorney or counselor shall not: 1. Directly or indirectly, buy, take an assignment of or be in any manner interested in buying or taking an assignment of a bond, promissory note, bill of exchange, book debt, or other thing i…

§ 489. Purchase of claims by corporations or collection agencies. 1. No person or co-partnership, engaged directly or indirectly in the business of collection and adjustment of claims, and no corporation or association, directly or indirectly, itself or by or through its officer…

§ 490. Limitation. Sections four hundred eighty-eight and four hundred eighty-nine of this chapter do not prohibit the receipt of a bond, promissory note, bill of exchange, book debt, or other thing in action, in payment for property sold, or for services actually rendered, or f…

§ 491. Sharing of compensation by attorneys prohibited. 1. It shall be unlawful for any person, partnership, corporation, or association to divide with or receive from, or to agree to divide with or receive from, any attorney-at-law or group of attorneys-at-law, whether practici…

§ 492. Use of attorney's name by another. If an attorney knowingly permits any person, not being his general law partner or a clerk in his office, to sue out any process or to prosecute or defend any action in his name, except as authorized by this section, such attorney, and ev…

§ 493. Attorneys forbidden to defend criminal prosecutions carried on by their partners, or formerly by themselves. An attorney, who directly or indirectly advises in relation to, or aids or promotes the defense of any action or proceeding in any court, the prosecution of which …

§ 494. Attorneys may defend themselves. The last section does not prohibit an attorney from defending himself in person, as attorney or as counsel, when prosecuted either civilly or criminally.

§ 495. Corporations and voluntary associations not to practice law. 1. No corporation or voluntary association shall (a) practice or appear as an attorney-at-law for any person in any court in this state or before any judicial body, nor (b) make it a business to practice as an a…

* § 496. An organization described in subdivision seven of section four hundred ninety-five of this article shall file with the appellate division department in which its principal office is located a statement describing the nature and purposes of the organization, the composit…

§ 497. Attorneys fiduciary funds; interest-bearing accounts. 1. An\n"interest on lawyer account" or "IOLA" is an unsegregated\ninterest-bearing deposit account with a banking institution for the\ndeposit by an attorney of qualified funds.\n 2. "Qualified funds" are moneys receiv…

§ 498. Professional referrals. 1. There shall be no cause of action for damages arising against any association or society of attorneys and counsellors at law authorized to practice in the state of New York for referring any person or persons to a member of the profession for th…

§ 499. Lawyer assistance committees. 1. Confidential information privileged. The confidential relations and communications between a member or authorized agent of a lawyer assistance committee sponsored by a state or local bar association and any person, firm or corporation comm…

§ 499-a. Establishment of commission. There is hereby created within the executive department a state commission of prosecutorial conduct. The commission shall have the authority to review and investigate the conduct of prosecutors upon the filing of a complaint with the commiss…

§ 499-b. Definitions. For the purposes of this article the following terms have the following meanings: 1. "Commission" means the state commission on prosecutorial conduct. 2. "Prosecutor" means a district attorney or any assistant district attorney of any county of the state in…

§ 499-c. State commission on prosecutorial conduct; organization. 1. The commission shall consist of eleven members, of whom four shall be appointed by the governor, one by the temporary president of the senate, one by the minority leader of the senate, one by the speaker of the…

§ 499-d. Functions; powers and duties. The commission shall have the following functions, powers and duties: 1. To conduct hearings and investigations, administer oaths or affirmations, subpoena witnesses, compel their attendance, examine them under oath or affirmation and requi…

§ 499-e. Panels; referees. 1. The commission may delegate any of its functions, powers and duties to a panel of three of its members, one of whom shall be a member of the bar, except that no panel shall confer immunity in accordance with section 50.20 of the criminal procedure l…

§ 499-f. Complaint; investigation; hearing and disposition. 1. The commission shall receive, initiate, investigate and hear complaints with respect to the conduct or performance of official duties of any prosecutor; and may make a recommendation to the governor that a prosecutor…

§ 499-g. Confidentiality of records. Except as hereinafter provided, all complaints, correspondence, commission proceedings and transcripts thereof, other papers and data and records of the commission shall be confidential and shall not be made available to any person except pur…

§ 499-h. Breach of confidentiality of commission information. 1. Any staff member, employee or agent of the state commission on prosecutorial conduct who violates any of the provisions of section four hundred ninety-nine-g of this article shall be subject to a reprimand, a fine,…

§ 499-i. Resignation not to divest commission and the appellate division of jurisdiction. The jurisdiction of the appellate division and the commission pursuant to this article shall continue notwithstanding that a prosecutor resigns from office after a recommendation by the com…