Title JUD, Judiciary

§ 469. Continuance where attorney is member of legislature. When a\nparty to a civil action or proceeding shows by his or his attorney's\naffidavit that his attorney is a member of the legislature of the state\nof New York, that the legislature is in regular or special session o…

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

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

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

§ 472. Attorney who is surrogate's parent or child prohibited from\npracticing berfore him. A surrogate's parent or child shall not practice\nor be employed as attorney or counsel, in any case, in which his partner\nor clerk is prohibited by law from so practicing, or being empl…

§ 473. Constables, coroners, criers and attendants prohibited from\npracticing during term of office. A constable, coroner, crier, or\nattendant of a court, shall not, during his continuance in office,\npractice as an attorney or counsellor in any court, nor shall a sheriff,\nun…

§ 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\nadministation shall make available to the department of social services\ncopies of retainer statements or closing statements filed with the\noffice of court administration pursuant to the rules of the appellate\ndivisio…

§ 475. Attorney's lien in action, special or other proceeding. From\nthe commencement of an action, special or other proceeding in any court\nor before any state, municipal or federal department, except a\ndepartment of labor, or the service of an answer containing a\ncountercla…

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

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

§ 476-a. Action for unlawful practice of the law. 1. The\nattorney-general may maintain an action upon his or her own information\nor upon the complaint of a private person or of a bar association\norganized and existing under the laws of this state against any person,\npartners…

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

§ 476-c. Investigation by the attorney-general. 1. The\nattorney-general is empowered to conduct an investigation of any\ncomplaint of unlawful practice of the law and in connection therewith,\nthe attorney-general, his deputy, assistant, special assistant or other\nofficer desi…

§ 477. Settlement of actions for personal injury. If, in an action\ncommenced to recover damages for a personal injury or for death as the\nresult of a personal injury, an attorney having or claiming to have a\nlien for services performed or to be performed who shall have appear…

§ 478. Practicing or appearing as attorney-at-law without being\nadmitted and registered. It shall be unlawful for any natural person to\npractice or appear as an attorney-at-law or as an attorney and\ncounselor-at-law for a person other than himself or herself in a court\nof re…

§ 479. Soliciting business on behalf of an attorney. It shall be\nunlawful for any person or his agent, employee or any person acting on\nhis behalf, to solicit or procure through solicitation either directly\nor indirectly legal business, or to solicit or procure through\nsolic…

§ 48. Courts on the judiciary; former commission on judicial conduct;\njurisdiction and powers. Notwithstanding any other law to the contrary:\n1. If a court on the judiciary shall have been convened before the first\nday of April, nineteen hundred seventy-eight, and the proceed…

§ 480. Entering hospital to negotiate settlement or obtain release or\nstatement. It shall be unlawful for any person to enter a hospital for\nthe purpose of negotiating a settlement or obtaining a general release\nor statement, written or oral, from any person confined in said …

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

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

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

§ 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\nas provided in section four hundred eighty-five-a of this article, any\nperson violating the provisions of section four hundred seventy-eight,\nfour hundred seventy-nine, four hundred eighty, four hundred eigh…

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

§ 486. Practice of law by attorney who has been disbarred, suspended,\nor convicted of a felony. Any person whose admission to practice as an\nattorney and counselor-at-law has been revoked or who has been removed\nfrom office as attorney and counselor-at-law or, being an attorn…

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

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

§ 488. Buying demands on which to bring an action. An attorney or\ncounselor shall not:\n 1. Directly or indirectly, buy, take an assignment of or be in any\nmanner interested in buying or taking an assignment of a bond,\npromissory note, bill of exchange, book debt, or other th…

§ 489. Purchase of claims by corporations or collection agencies. 1.\nNo person or co-partnership, engaged directly or indirectly in the\nbusiness of collection and adjustment of claims, and no corporation or\nassociation, directly or indirectly, itself or by or through its\noff…

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

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

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

§ 493. Attorneys forbidden to defend criminal prosecutions carried on\nby their partners, or formerly by themselves. An attorney, who directly\nor indirectly advises in relation to, or aids or promotes the defense of\nany action or proceeding in any court, the prosecution of whi…

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

§ 495. Corporations and voluntary associations not to practice law. 1.\nNo corporation or voluntary association shall (a) practice or appear as\nan attorney-at-law for any person in any court in this state or before\nany judicial body, nor\n (b) make it a business to practice as…

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

§ 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\nfor damages arising against any association or society of attorneys and\ncounsellors at law authorized to practice in the state of New York for\nreferring any person or persons to a member of the profession for…

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

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

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

§ 499-c. State commission on prosecutorial conduct; organization. 1.\nThe commission shall consist of eleven members, of whom four shall be\nappointed by the governor, one by the temporary president of the senate,\none by the minority leader of the senate, one by the speaker of …

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

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

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

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

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

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