Waiving into NY from DC Forum

[Anonymous User]

I currently practice in Florida, a state with no reciprocity. I'm contemplating waiving into the D.C. bar so that I can eventually waive into NY after a few years (I've been practicing for 3 years). The way I read the NY admission rules are that both requirements are exclusive of one another.

NY requires (1) Practice for five of the preceding seven years (2) admission to practice in at least one reciprocal jurisdiction. Therefore, my understanding is that you just need to have been practicing for 5 years and also be barred in D.C.

In my case, I will have been practicing for 5 years in Florida, but have only been barred in D.C. for approximately 1 year. My question is: does anyone have any experience in waiving into NY after being barred in D.C. as your only reciprocal jurisdiction?

Here's the full text of the rule:

(a) General. In its discretion, the Appellate Division may admit to practice without examination an applicant who:

(1) (i) has been admitted to practice in the highest law court in any other state or territory of the United States or in the District of Columbia; or

(ii) has been admitted to practice as an attorney and counselor-at-law or the equivalent in the highest court in another country whose jurisprudence is based upon the principles of the English Common Law; and

(iii) is currently admitted to the bar in such other jurisdiction or jurisdictions, that at least one such jurisdiction in which the attorney is so admitted would similarly admit an attorney or counselor-at-law admitted to practice in New York State to its bar without examination; and

(2) (i) while admitted to practice as specified in paragraph (1) of this subdivision, has actually practiced therein, for at least five of the seven years immediately preceding the application:

(a) in its highest law court or highest court of original jurisdiction in the state or territory of the United States, in the District of Columbia or in the common law country where admitted; or

[champ33]

Not sure but I would just call the NY Board of Law Examiners and ask. That way you have a definite answer before going through all that DC admission requires for no reason.

[RaceJudicata]

Agree with Champs, but I don't think you are reading it correctly ... "has actually practiced therein" is the troubling phrase.

My reading tells me that you had to practice in the reciprocal jurisdiction for 5 of the 7 years.

I think the right move is to call and ask.

[champ33]

I didn't read the reg before replying, but I agree with RJ's reading of it. You are likely out of luck but I would still call to make sure.

[RaceJudicata]

I didn't read the reg before replying, but I agree with RJ's reading of it. You are likely out of luck but I would still call to make sure.

My bad, I meant op was reading it wrong. Should still call and ask.

[1styearlateral]

My gut is saying that, although your loophole is an interesting thought, I don't think the NY BOLE is going to let it fly.

FWIW, you might not need to worry in a couple years since most states are transitioning to the UBE. For example, NJ is letting attorneys waive in from jurisdictions that they never used to. Keeping fingers crossed that NY makes the cut.

Edit: Looks like that already happened: https://www.njbarexams.org/reciprocal_jurisdictions ($1,500 fee, lol; NY's is only $400).

[Anonymous User]

OP here. I took everyone's advice and called the NY BOLE. They told me that my initial thoughts were correct... the five year requirement is mutually exclusive of the reciprocal jurisdiction requirement. They also referred me over to the Court of Appeals admissions department, where they also confirmed that you can waive into New York provided you have practice law in the state for five years and are barred in a reciprocal jurisdiction. They said that you do not have to practice within the reciprocal jurisdiction for five years, just that you meet both requirements.

[1styearlateral]

OP here. I took everyone's advice and called the NY BOLE. They told me that my initial thoughts were correct... the five year requirement is mutually exclusive of the reciprocal jurisdiction requirement. They also referred me over to the Court of Appeals admissions department, where they also confirmed that you can waive into New York provided you have practice law in the state for five years and are barred in a reciprocal jurisdiction. They said that you do not have to practice within the reciprocal jurisdiction for five years, just that you meet both requirements.

Good to know. Thanks for the update.

[Anonymous User]

This is interesting. I had no idea the rule worked this way. Granted, I had never thought about it until reading this thread today.