Non-Admitted In-House Counsel Can Practice in NYS

I am pleased to report that the New York Court of Appeals has amended the Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law to permit in-house counsel admitted in any U.S. jurisdiction to be able to register with the Court of Appeals and provide legal advice in New York to the lawyer’s employer.  For years, non-admitted in-house counsel have been hindered in their ability to provide advice to their employers concerning New York law issues at times due to the restrictions that have now been lifted.  There are two exceptions to the new rule: (1) such advice does not include court litigation representation; and (2) the Court rejected the NYS Bar Association’s recommendation to include lawyers admitted to a home jurisdiction outside the United States.