Is this the unauthorized practice of law in New York?
December 6, 2007 8:52 PM Subscribe
Is helping family from New York prepare wills and trusts the "unauthorized practice of law" if I'm an attorney from a different state?
posted by pikaboy202 to Law & Government (7 answers total)
I'm an attorney licensed to practice in MA. I have family in NY who wants me to write wills and trusts for them. Can I do so?
I read Judiciary Law Sec. 478 and 484 regarding the unauthorized practice of law and also the rules regarding pro hac vice. There seems to be a gray area between being able to petition the court to represent a client in NY even though you're not an attorney in NY and not being allowed to hold yourself out as an attorney in NY.
I read the rules as saying that a non-attorney or an attorney from another state cannot "advertise" their services in the state of NY without being licensed in NY. However, I am not advertising myself as a NY attorney nor am I trying to get clients from NY.
How is preparing wills and trusts for family in NY different than being admitted pro hac vice (for this case only)? Any NY attorneys want to give me some advice?