New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle D - Forms › Chapter V - Forms For Admission To The Bar › Proposed uniform application for license as a legal consultant

Current through Register Vol. 46, No. 28, July 10,
				2024
PROPOSED UNIFORM APPLICATION FOR
				  LICENSE
AS A LEGAL CONSULTANT
Appellate Division, Supreme Court
Judicial Department
Committee on Character and Fitness
APPLICATION FOR LICENSE AS A LEGAL
				  CONSULTANT
________
________
DIRECTIONS
(Read all these directions carefully before
				  attempting to answer any question.)
1.
				This is a statement made under oath. Applicant's failure fully and accurately
				to disclose any fact or information called for by any question may result in
				the denial of the application, or if applicant shall have been licensed before
				the discovery thereof, in the revocation of the applicant's license.
2. Answers must be in BLACK INK, preferably
				in typewriting, but may be in applicant's handwriting or hand
				printing.
3. Unless otherwise
				indicated, every question and every part of each question must be answered,
				even though the answer be negative.
4. Where "Yes" or "No" suffices, employ that
				form in answer.
5. If the applicant
				cannot comply with any of the requirements, he must state in detail the efforts
				he has made to comply and why he cannot. Answers on information and belief will
				be accepted only in connection with matters which the applicant cannot be
				expected to remember because of extreme youth or other equally sufficient
				reason. All statements made on information and belief must be so designated in
				the sworn statement, and the sources of information must be given.
6. Should the space left for any answer be
				insufficient, the applicant shall complete his answer on a rider page,
				specifying the number of the question to which it relates. More than one rider
				may occupy a rider page. Each rider should be signed.
7. In stating addresses give street and
				number, if any, city, village, county and state or foreign country.
8. In giving a period which is countinuing at
				the date of verification of this sworn statement, always give such period as
				continuing "to date".
________
TO THE APPELLATE DIVISION OF THE SUPREME COURT
				  OF THE
STATE OF NEW YORK, ________ JUDICIAL
				  DEPARTMENT
The undersigned hereby applies for a license
				  as a legal consultant pursuant to the Judiciary Law (§ 53, subd. 6) and
				  the Rules of the Court of Appeals (22 NYCRR Part 521) and in support of such
				  application submits the following sworn statement and the accompanying
				  affidavits and other papers:
1.(a)
				State name in full
____________________
(First) (Middle) (Last)
Have you ever used or been known by any other
				  name? ________ If so, state in full each name (other than the name above given)
				  which you have used or by which you have at any time been known, the period of,
				  and the reasons for the use of each such name. (If change of name was made by
				  court order, submit a certified copy of order; if by marriage, so
				  state.)
____________
____________
United States Social Security Number, if any
				  ________.
2. State the
				following:
Age, date, and place of birth.
____________
____________
Of what country are you a citizen?
____________
____________
If you are a naturalized or derivative citizen
				  of the United States, give the date when and place where naturalization or
				  right to derivative status was acquired.
____________
____________
If you are not a citizen of the United States,
				  state (i) the category, date and place of issue of your United States visa, and
				  (ii) whether, and if so, when, a certificate of alien registration or an alien
				  registration receipt card has been issued to you. (Such visa and, if issued,
				  certificate or card must be exhibited at the time of submitting this
				  application.)
____________
____________
Present residence (full mailing
				  address).
____________
____________
Full names of all persons with whom you are
				  presently living, and relationship to you.
____________
____________
Length of actual residence in the State of New
				  York immediately preceding the submission of the application, stating when such
				  actual residence commenced. If you had any prior residence in this State, give
				  dates and places thereof.
____________
____________
3. State whether married or single ________.
				If ever married, answer the following:
When, where, and to whom married; give
				  spouse's name, together with any other name by which spouse has been known. (If
				  married more than once, list marriages chronologically.)
____________
____________
Do you reside with your spouse? ________ If
				  not, state reasons for separation (if through divorce, annulment or separation,
				  submit certified copy of decree, judgment or order FOR EACH SUCH
				  ACTION).
____________
____________
4. Give the following information as to
				residence:
The cities and states or countries in which
				  you resided for more than one year from the date of your birth until your
				  admission to practice as an attorney or counselor at law or the equivalent. (If
				  answer is on information and belief, state source of information.)
____________
____________
List below, every permanent residence you have
				  ever had including the present, in the United States or elsewhere, since your
				  admission to practice as an attorney or counselor at law or the equivalent in
				  any foreign jurisdiction, with exact address of each, and the year of the
				  beginning and ending of each such residence. (Exclude military addresses unless
				  off base.)
____________
____________
Permanent Residences
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(Continue permanent residences if
				  necessary.)
5. Did you
				graduate from high school or its equivalent? ________
If so, state name and place of school and date
				  of graduation.
____________
____________
____________
6. List colleges, universities and
				professional schools (other than law schools) attended, giving month and year
				of the beginning and ending of attendance at each, and degrees received. If you
				did not receive a degree, state the reason.
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7. List law schools attended, giving month
				and year of the beginning and ending of attendance at each, and degrees
				received If you did not receive a degree, state the reason.
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If you received your legal education other
				  than by attendance in a law school, state the details with respect
				  thereto.
____________
____________
____________
Have you ever been denied admission to any
				  school, college, law school or other similar institution for cause which might
				  reflect upon your character? ________
Have you ever been placed on probation, or
				  dropped, or suspended or expelled from, or have you withdrawn from or left, any
				  institution of learning above elementary school level, or otherwise been
				  subjected to discipline for conduct by any such institution, or requested (or
				  advised) for any reason to discontinue your studies in any law school?
				  ________
If your answer is "Yes" to either (a) or (b),
				  give the name of any such institution and state the circumstances and date of
				  each such occurrence.
____________
____________
10. State the following:
The country or countries, and the particular
				  state or other territorial division thereof, in which you have been admitted to
				  practice as an attorney or counselor at law or the equivalent.
____________
____________
The date of each such admission to practice,
				  the name and address of each court, tribunal or other authority by which you
				  were so admitted, and the character, nature and scope of the practice allowed
				  thereby.
____________
____________
The period or periods of time during which you
				  practiced as such attorney or counselor at law or the equivalent in each such
				  country, and all the office addresses where you so practiced, with the names
				  and addresses of partners, if any.
____________
____________
11. Give a detailed statement of the
				character, nature and extent of your practice in such other country or
				countries, specifying whether your practice was in the area of litigation or in
				other areas and elaborating on the specific legal services rendered by you.
____________
____________
____________
12. State:
Legal professional associations or societies
				  to which you have belonged,
____________
____________
Legal publications which you have
				  written.
____________
____________
13. State whether you have ever been
				reprimanded, disciplined, suspended or disbarred as an attorney or counselor at
				law or the equivalent, or whether any charges or complaints have ever been
				preferred against you. If so, state the nature of the charges and their
				disposition.
____________
____________
____________
14. If you have ever been employed in or
				associated with any law office, law department or legal institution, whether of
				a private or governmental nature, give the following information with respect
				thereto (enumerating the same in chronological order, and including employments
				by members of family or other relatives and employments with or without
				monetary compensation):
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15. Are you now or have you ever been
				employed in a business, profession or occupation other than law? ________
If so, enumerate all such employments in
				  chronological order. Include employments by members of family or other
				  relatives and employments with or without monetary compensation.
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16. Are you now, or have you ever been
				engaged on your own account or as a partner with others in any occupation,
				business or profession other than law? ________
If so, give in detail the nature and location
				  thereof and the month and year of the beginning and ending of your engagement
				  in or connection therewith. If any such business was carried on by you in
				  partnership with others, give the name and addresses of all partners and the
				  nature of the business. If the business was carried on by a corporation in
				  which you held any office, state its name, address, nature of the business and
				  your connection with it.
____________
____________
____________
List (a) every action now pending against such
				  firm or corporation, of which you have knowledge, and (b) every judgment
				  entered against it during the period of your association with it.
____________
____________
____________
17. Have you ever been discharged by any
				employer? ________
If so, give the name of each such employer
				  stating date, cause and circumstances of discharge.
____________
____________
____________
18. Do you affirmatively represent that, in
				connection with all your employments, your services were satisfactory and that
				you were not discharged nor were your services terminated for cause, nor were
				you requested or advised to resign from or leave any such position? ________ If
				answer is "No", give full details as to each such incident.
____________
____________
____________
19.(a) Have you ever heretofore applied for
				licensing as a legal consultant or for admission to the Bar of the State of New
				York in this or any other Department? ________
Have you ever engaged in or has your conduct
				  ever been called into question with reference to the unauthorized practice of
				  law? ________
Have you ever been employed by or otherwise
				  connected with any person, firm, or corporation whose conduct was called into
				  question on the subject of unauthorized practice of law while you were so
				  employed or connected? ________
Have you ever tried any action or proceeding,
				  argued any motion, drawn legal papers, given legal advice or held yourself out
				  as an attorney or counselor-at-law in this State? ________
If your answer is "Yes" as to any part of this
				  question, state the matter fully.
20.(a) Have you ever registered as a law
				student, or applied to take or taken the bar examination, in any country, state
				or jurisdiction other than the State of New York and other than the country or
				countries in which you have been admitted to practice as stated by you in this
				application?
____________
____________
Have you ever applied for admission to
				  practice as an attorney or counselor at law or the equivalent in any country,
				  state or jurisdiction other than the State of New York and other than the
				  country or countries in which you have been admitted to practice as stated by
				  you in this application? ________If your answer to (a) or (b) is "Yes", state
				  specifically the disposition made of the application or the result of the bar
				  examination.
____________
____________
21. Have you ever been rejected for service
				in any of the armed forces of the United States or of any other country?
				________ If your answer is "Yes", give date and reason, stating facts fully,
				whether the reason be physical, mental, moral or otherwise.
____________
____________
____________
22.(a) Have you at any time or in any manner,
				served in any of the armed forces of the United States, including reserves?
				________ If the answer is "Yes", state (1) when, where, and which service; (2)
				period and nature of service rendered; (3) if discharged give date and nature
				of discharge and submit photocopy of each release or discharge certificate.
____________
____________
____________
Have you served in the armed forces (reserves
				  or otherwise) of any country other than the United States of America? ________
				  If the answer is "Yes", give name of country, inclusive dates of service, and
				  reason for separation from service. (Submit photocopy of each release and
				  discharge).
____________
____________
23. As a member of any armed forces have you
				been the subject of any charge, or complaint, formal or informal, or has any
				proceeding been instituted against you, or have you been a defendant in any
				court martial proceeding? ________
If answer is "Yes", state the facts.
____________
____________
____________
24. State whether you have ever:
testified or been called as a witness in any
				  action, proceeding or investigation to which you were not a party?
				  ________
____________
____________
been ticketed, or summoned, or arrested, or
				  taken into custody, or indicted, or convicted, or tried for, or charged with,
				  or pleaded guilty to, the violation of any law, ordinance, traffic or parking
				  regulation or the commission of any felony or misdemeanor, or been requestedto
				  appear before any prosecuting or investigative agency in any matter?
				  ________
(Indicate all such incidents, including
				  proceedings as a juvenile or youthful offender, no matter how minor the
				  infraction or whether guilty or not. Although a conviction may have been
				  expunged from the records by order of court or other competent authority, it
				  nevertheless should be disclosed in the answer to this question.
____________
____________
failed to answer on the return date any
				  ticket, summons or other legal process served upon you at any time? ________ If
				  so, was any warrant, subpoena, or further process issued against you as a
				  result of your failure to respond to such legal process?
____________
____________
been adjudged an incompetent, or had
				  proceedings brought to have you adjudged an incompetent; or have you been
				  committed to or been a patient in any institution for the care of persons
				  suffering from mental or nervous disorders or drug addiction, drug abuse or
				  alcoholism?________
been charged with fraud or any other act
				  involving moral
____________
____________
been a party to or otherwise involved in any
				  action, proceeding or investigation (civil or criminal) not covered by answers
				  to the foregoing subdivisions hereof? ________
If your answer is "Yes" to any subdivision of
				  this question indicate the subdivision and state the facts as fully as possible
				  and give in each case name and locality of court or agency, dates of beginning
				  and termination of action or proceeding, and the judgment or other
				  disposition.
____________
____________
____________
25.(a) Are there any unsatisfied judgments
				against you? ________
If so, list the same giving name and address
				  of each judgment creditor and the court by which judgment was rendered,
				  together with the date and amount thereof and the nature of the claim on which
				  it was based.
____________
____________
____________
Are you in default in the performance or
				  discharge of any duty or obligation imposed upon you by any governmental agency
				  or decree or order of any court including alimony and support orders and
				  decrees? ________ If so, state the facts.
____________
____________
Are you indebted to anyone? ________ If so,
				  list all debts stating name and address of creditor and amount, date, nature
				  and status of indebtedness.
____________
____________
26. (a) Have you ever applied for a license
				the procurement of which required proof of good character? ________ If granted,
				state, as to each such license, the approximate date it was granted and the
				name of the authority granting it.
____________
____________
____________
If your application for any such license was
				  not granted, state the facts.
____________
____________
Have you ever held a bonded position? ________
				  If so, specify the nature of position, dates, amount of bond, and whether or
				  not anyone ever sought to recover on your bond or cancel the same?
____________
____________
27. (a) Have you ever organized or helped to
				organize or become a member of any organization or group of persons -- except
				for membership in the armed forces of any country during the time that such
				country has been at war with the United States --, which during the period of
				your membership or association, you knew was advocating or teaching that the
				government of the United States should be overthrown or overturned by force,
				violence or any unlawful means? ________ If your answer is in the affirmative,
				state the facts below.
____________
____________
____________
If your answer to (a) is in the affirmative,
				  did you, during the period of such membership or association, have the specific
				  intent to further the aims of such organization or group of persons to
				  overthrow or overturn the government of the United States by force, violence or
				  any unlawful means?
____________
____________
28. Is there any reason why you cannot take
				and subscribe to an oath or affirmation that you will support the constitution
				of the United States and of the State of New York? ________ If there is, please
				explain.
____________
____________
____________
29. Have you ever been disciplined, expelled,
				suspended or ordered to resign from any club, association, society or
				organization? ________ If your answer is "Yes", state the facts.
____________
____________
____________
30. (a) Have you read the Code of
				Professional Responsibility adopted by the New York State Bar
				Association?________
Do you commit yourself to observe the Code of
				  Professional Responsibility of the New York State Bar Association to the extent
				  that such Code is applicable to the legal services which you will be authorized
				  to render, as provided in section
				  521.3 of Part 521 of the Rules of
				  the Court of Appeals, if you are licensed to practice as a legal consultant?
				  ________
31. (a) Have you
				read Part 521 of the Rules of the Court of Appeals? ________
Do you commit yourself to observe the
				  restrictions prescribed by section
				  521.3 of Part 521 of such Rules on
				  the nature and scope of the legal services that you will be permitted to render
				  if you are licensed to practice as a legal consultant?________
I understand that this application is a
				  continuing application, and that I must give correctly the information herein
				  sought as of the date of my appearance before the Appellate Division to be
				  sworn in as a legal consultant. I will, therefore, before such appearance,
				  notify the Secretary of the Committee as to any change in respect of any matter
				  concerning which information is herein sought.
I will also submit such additional affidavits
				  or papers, and supply such additional information as may be requested.
Attached hereto is my designation of the Clerk
				  of the Appellate Division, ________ Department, to accept service in my behalf.
				  I will promptly notify the Clerk in writing of any change in my address.
Signature of applicant ____________
STATE OF ________)
) ss.
COUNTY OF ________)
I, ________, being duly sworn, say: I have
				  read the foregoing questions and have fully, truthfully and accurately answered
				  the same. The foregoing answers are true of my own knowledge, except if stated
				  to be made upon information and belief, and as to such answers, I believe them
				  to be true.
Signature of applicant
______________
(Sign as above)
Subscribed and sworn to before me this
				  ________
day of ________, 19 ________
APPELLATE DIVISION
OF THE
SUPREME COURT
DEPARTMENT________
____________
____________
COMMITTEE ON CHARACTER
AND FITNESS
____________
____________
APPLICATION
and
SWORN STATEMENT
of
____________
APPLICATION FOR LICENSE AS
LEGAL CONSULTANT
Received ________
DESIGNATION OF AGENT FOR SERVICE OF
				  PROCESS
(Type or print)
I, ________, the undersigned applicant for
				  license to practice as a legal consultant, do hereby irrevocably designate the
				  Clerk of the Appellate Division of the Supreme Court, Judicial Department, as
				  my agent upon whom process may be served with like effect as if served upon me
				  personally in any action or proceeding hereafter brought against me and arising
				  out of or based upon any legal services rendered or offered to be rendered by
				  me within or to residents of this State, whenever after due diligence service
				  in such action or proceeding cannot be made upon me within the State of New
				  York at the address listed below or at such new address as I shall hereafter
				  file in the office of such Clerk by means of a duly acknowledge supplemental
				  instrument in writing.
My present address is ____________
____________
Dated:________, 19 ________
____________
STATE OF ________)
) ss.
COUNTY OF ________)
On this ________ day of ________, 19 ________,
				  before me personally appeared ________, to me known and known to me to be the
				  person described in and who executed the foregoing designation and he duly
				  acknowledged to me that he executed the same.
Notary Public, State of New York
CHANGE OF ADDRESS
(Type or print)
I, ________, the undersigned, licensed to
				  practice as a legal consultant by the Appellate Division of the Supreme Court,
				  ________ Judicial Department on the ________ day of ________, 19 ________, do
				  hereby amend the "Designation of Agent for Service of Process" filed by me with
				  the Clerk of said Appellate Division at the time of my admission to practice as
				  follows:
My present residence is ____________
____________
Dated: ________, 19________
________________
(Type or print name signed above)
STATE OF ________)
) ss.
COUNTY OF ________)
On this ________ day of________, 19 ________,
				  before me personally appeared ________ to me known and known to me to be the
				  person described in and who executed the foregoing change of address and he
				  duly acknowledge to me that he executed the same.
________________
Notary Public, State of New
				  York