New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 302 - Licensing Representatives Of Claimants And Self-insurers › Subpart 302-1 - Regulations › Section 302-1.6 - Attorney admitted to practice in another state and law school graduates and senior law students permitted to practice in this State

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An attorney duly admitted to practice in
					 another state may be permitted to represent any party in interest before the
					 board, on a particular matter, upon proof submitted with his or her application
					 that reciprocal privileges are accorded attorneys of this State.
(b) Law school graduates and senior law
					 students permitted to practice law pursuant to the Judiciary Law under a
					 program of activities approved by the appellate division of the supreme court
					 of the department within which such activities are taking place, and the board,
					 and designated as law interns or legal interns by a legal aid organization,
					 including programs that provide assistance to persons who are financially
					 unable to pay for legal services and are eligible to qualify for free legal
					 services in accordance with the standards and guidelines of the organization or
					 program in which they are engaged, and whose program of activities has been so
					 approved, may represent any party in interest before the board only in those
					 type of matters that have been authorized by the Board and set forth in the
					 approved program, upon compliance with this subdivision. The party that has
					 received approval from the appellate division of the supreme court of the
					 department within which such activities are taking place shall submit to the
					 board secretary a certified copy of the order of the Appellate Division
					 granting approval of such program of activities together with a list of law
					 school graduates or senior law students designated as law interns or legal
					 interns by such legal aid organization. Such law interns may, under the general
					 supervision of an attorney, file forms, make applications as required, fully
					 participate in informal adjudicatory proceedings, prepare and enter
					 stipulations other than waiver agreements, appear at hearings before Workers'
					 Compensation Law judges in noncontroverted claims or at such hearings, other
					 than trial hearings, in controverted claims, and prepare and file applications
					 for administrative review and full board review, and rebuttals, as necessary.
					 Such law interns may, under the immediate supervision of an attorney, appear
					 before Workers' Compensation Law judges at trial hearings in controverted
					 claims and at all hearings before board panels, and prepare and enter waiver
					 agreements. "Immediate supervision" of a law intern shall mean that the
					 supervising attorney shall be personally present with the law intern throughout
					 the hearing. An attorney supervising such law interns shall be admitted to
					 practice law in this State, shall have two years experience in this State or
					 another state, and shall be associated with the legal aid organization which
					 has designated such law interns. Any such supervising attorney shall be the
					 attorney of record in each case, shall assume personal professional
					 responsibility for any work undertaken by a law intern, and shall supervise the
					 preparation of such work. A law intern may appear before the board, in
					 accordance with the foregoing supervision requirements, on behalf of any party
					 in interest where such party gives written consent to such appearance and
					 representation and provided further that the supervising attorney also gives
					 written consent to such appearance. The written consents herein shall be filed
					 in the board case file, together with a retainer in the format prescribed by
					 the chair of the board, including retainers limited to the pending issue. All
					 formal filings in the case shall be endorsed by the supervising attorney as
					 attorney of record, and may contain the name of the law intern who participated
					 in their preparation. Law interns may represent a party only when such party is
					 not otherwise represented by an attorney or licensed representative and is
					 eligible to qualify for legal services in accordance with the standards and
					 guidelines of the organization or program in which the law intern is engaged.
					 Such representation of claimants by law interns shall be without fee or any
					 other remuneration, except that a request to approve reimbursement for
					 disbursements may be submitted to the board and if approved, such disbursement
					 may be payable per section twenty-four of this chapter, and no law intern or
					 supervising attorney shall request or receive any fee or remuneration for such
					 representation. Failure to comply with this subdivision shall be a sufficient
					 basis for denial or revocation of permission to engage in such representation
					 by law interns.