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A 3849

Repeals section 470 of the judiciary law relating to allowing attorneys having offices in the state to reside in an adjoining state

2025 Regular Session Introduced by Jeffrey Dinowitz and 3 co-sponsors

Bill A 3849 requires attorneys practicing in the state to be residents, enhancing accountability and community ties, impacting non-resident attorneys and their clients.

SUBSTITUTED BY S2422
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Bill Summary · A 3849

Summary of Bill A 3849

Bill Overview

  • Bill Number: A 3849
  • Title: Repeals section 470 of the judiciary law relating to allowing attorneys having offices in the state to reside in an adjoining state.
  • Status: Substituted by S 2422
  • Introduced: January 30, 2025
  • Classification: Bill

Purpose and Intent

The primary purpose of Bill A 3849 is to repeal section 470 of the judiciary law, which currently permits attorneys with offices in the state to reside in an adjoining state. This repeal aims to ensure that attorneys practicing law within the state are residents of the state, potentially enhancing accountability and professional standards within the legal profession.

Key Provisions

  • Repeal of Section 470: The bill seeks to eliminate the provision that allows attorneys to maintain their offices in the state while residing in neighboring states.
  • Implications for Residency: By repealing this section, the bill would require attorneys to be residents of the state in which they practice law, thereby fostering a stronger connection to the local legal community and its regulations.

Affected Parties

  • Attorneys: The most direct impact will be on attorneys who currently reside in adjoining states but practice in the state. They will need to relocate to maintain their legal practice.
  • Legal Community: The bill may affect the dynamics of the legal profession within the state, as it could lead to a reduction in the number of practicing attorneys who do not reside in the state.
  • Clients: Clients may experience changes in their legal representation, as some attorneys may choose to cease practice in the state rather than relocate.

Legislative Timeline

  • January 30, 2025: Bill A 3849 was introduced and referred to the Judiciary Committee.
  • May 20, 2025: The bill was reported and referred to the Rules Committee.
  • June 17, 2025: The bill was reported, ordered to third reading, and subsequently substituted by S 2422.

Related Bills

  • A 10425 (prior-session)
  • A 5895 (prior-session)
  • A 8879 (prior-session)
  • A 2218 (prior-session)
  • S 2422 (companion bill)

Conclusion

Bill A 3849 represents a significant shift in the residency requirements for attorneys practicing in the state. By repealing the existing provision that allows for non-resident attorneys, the bill aims to strengthen the legal profession's ties to the state and ensure that legal practitioners are more integrated into the communities they serve. The implications of this bill could lead to changes in the legal landscape, affecting both attorneys and their clients.

Compiled from official sources — confirm details with the bill’s official record.

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