New Amendment to the Rules of the Chief Administrator: What New Reporting Requirements Mean for NY Attorneys

Starting December 1, 2024, attorneys in New York State will be required to provide additional information about their legal admissions outside of New York when completing their mandatory biennial attorney registration. This amendment to the Rules of the Chief Administrator (22 NYCRR §§ 118.1 & 118.3) introduces new reporting obligations aimed at increasing transparency and ensuring that attorneys in New York are in good standing in all jurisdictions where they are licensed to practice law.

As a law firm that represents lawyers in ethics, disciplinary, and licensing matters, Tesser, Ryan & Rochman, LLP recognizes the importance of understanding and complying with the latest changes in attorney regulations. Below, we’ll break down the key aspects of this amendment and what it means for you as a New York attorney.

What Does the Amendment Require?

The amendment mandates that all New York attorneys—including in-house counsel and legal consultants—report not only their New York State admissions but also their admissions to practice law in other jurisdictions. These “foreign jurisdictions” include:

• Other U.S. states, territories, and districts
• U.S. federal courts
• Courts in other countries or jurisdictions outside the U.S.

The new rule requires that attorneys disclose the following details during their biennial registration:

1. Bar Admissions in Foreign Jurisdictions
   Attorneys must list all jurisdictions where they are admitted to practice law. This includes other U.S. states, territories, and federal courts, as well as foreign jurisdictions. Note that pro hac vice admissions are excluded from this requirement.
2. Good Standing Status
   You will need to confirm whether you are in good standing in each jurisdiction where you are admitted.
3. Disciplinary History
   If applicable, attorneys must report any disciplinary actions imposed by foreign jurisdictions. This includes:
   • The date(s) of discipline in any foreign jurisdiction (if any).
   • Confirmation that the Appellate Division and Attorney Grievance Committee have been notified of the discipline, including the date(s) of such advisement.

This new requirement brings greater accountability for attorneys who are licensed in multiple jurisdictions, ensuring that disciplinary actions or lapses in good standing outside of New York are reported to the appropriate authorities.

What Is Not Included?

The following are not required to be reported under the new rule:

• Pro hac vice admissions (temporary admissions for a specific case).
• Jurisdictions where the attorney is no longer actively admitted to practice law.

This means you do not have to report past admissions that are no longer active, nor do you need to include temporary admissions for specific cases where you are not permanently licensed to practice.

Additional Rules and Reporting Obligations

While the focus of this amendment is on reporting bar admissions and disciplinary history in foreign jurisdictions, attorneys should be mindful of additional disclosure obligations, such as:

• Criminal Convictions (22 NYCRR § 1240.12): Attorneys must notify the Appellate Division of any criminal convictions.
• Felony Convictions (Judiciary Law § 90.4): Attorneys are also required to report any felony convictions.
• Professional Misconduct (Rules of Professional Conduct § 8.3): Attorneys have an ethical obligation to report professional misconduct by other attorneys.

If you hold other professional licenses—such as those governed by financial regulatory authorities like FINRA or the NYS Department of Education—you may also have reporting obligations related to discipline imposed by those bodies.

Why Should Attorneys Care?

For attorneys in New York, this amendment is a reminder that their licensing status across multiple jurisdictions is under scrutiny. If you are admitted to practice in other states or countries, you need to stay informed about disciplinary actions and ensure compliance with the reporting rules in both your primary jurisdiction and others where you are licensed.

Failure to accurately report your disciplinary history or good standing status could lead to professional consequences, including potential disciplinary action by the New York State courts. Therefore, it’s important to take the time to review your admissions, status, and disciplinary history in other jurisdictions to avoid potential compliance issues.

Preparing for the Changes

Here are a few key steps you can take to prepare for the upcoming changes to the biennial registration process:

1. Verify Your Admissions: Double-check all the jurisdictions where you are admitted to practice law, including federal courts and foreign jurisdictions. Make sure you have up-to-date information on your status in each of those jurisdictions.
2. Review Disciplinary History: If you have been disciplined in any foreign jurisdiction, gather the relevant information regarding the dates and nature of the discipline, as well as confirmation of whether the Appellate Division has been notified.
3. Consult an Ethics or Licensing Professional: If you’re unsure about your obligations or have concerns about your disciplinary history, it’s a good idea to consult an attorney who focuses on professional responsibility and licensing issues. At Tesser, Ryan & Rochman, LLP, we have experience in helping attorneys navigate ethics and disciplinary matters and can guide you through the complexities of this new reporting requirement.
4. Stay Informed: Keep an eye on any updates or clarifications regarding the new registration requirements. The New York State Courts’ website and the Office of Attorney Registration provide resources to help you understand your obligations.

Final Thoughts

The upcoming changes to the Rules of the Chief Administrator represent an important shift in how New York attorneys report their professional standing across jurisdictions. Ensuring compliance with these new reporting requirements is essential to maintaining your good standing in New York and avoiding any potential disciplinary action. If you need assistance with understanding or navigating these changes, Tesser, Ryan & Rochman, LLP is here to provide guidance on ethics, disciplinary matters, and licensing issues.

Stay proactive, stay informed, and make sure your biennial registration is in full compliance when the new rules take effect on December 1, 2024.

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For more information about the new rules or to discuss your registration and reporting obligations, feel free to contact Tesser, Ryan & Rochman, LLP. We concentrate our practice in representing attorneys in licensing and disciplinary matters and can help ensure that you meet your professional obligations with confidence.