NYS CLE Requirement for Federal Agency Attorneys Forum

[nysbarhelp]

Does anyone know if (or have experience with) federal agency attorneys are exempt from CLEs in the state in which they are licensed? For example, New York State has a "not practicing in New York State exemption." However, they do not provide any guidance, "[t]he issue of whether an attorney is practicing law in New York is a question of law that must be determined by the individual attorney." Does anyone have experience with this?

I am licensed in NY but have never worked on a case dealing with New York law or practiced within New York State (I've worked for a federal agency in DC since graduating law school). Does this fall under the CLE exemption? The website is horrible and the CLE office refuses to answer any questions regarding what constitutes the practice of law in NYS.

[1styearlateral]

Do you work in NYS now?

Edited: I see that you've worked in DC since graduating.

If you're not practicing in NYS I would think you'd be exempt.

[champ33]

I work at a federal agency in DC and am barred in NY. My understanding is if you don't live or work in NY, you are still required to conform to whatever CLE requirements exist where you live and/or work. Because DC has no CLE requirement, I am exempt, but if I lived or worked in MD or VA I might have to complete those states' CLE requirements. Hope this is not wrong.

[Anonymous User]

I work at a federal agency in DC and am barred in NY. My understanding is if you don't live or work in NY, you are still required to conform to whatever CLE requirements exist where you live and/or work. Because DC has no CLE requirement, I am exempt, but if I lived or worked in MD or VA I might have to complete those states' CLE requirements. Hope this is not wrong.

Interesting. Per the website:

Q] What are my CLE obligations if I practice law outside of New York?
A] 1. If you do not practice law in New York but practice in another jurisdiction (including a foreign country) that requires you to fulfill a CLE requirement, you must certify compliance with that other jurisdiction's requirement on your New York biennial attorney registration form.
2. If you do not practice law in New York but practice in another jurisdiction (including a foreign country) that does not require you to fulfill a CLE requirement, you must certify to this on your New York biennial attorney registration form.

My confusion is with the exemption itself:

Q] Are there any exemptions from the CLE requirement?
A] Yes. The following persons are exempt from New York's CLE requirement:
1. Attorneys who do not practice law in New York at all during the relevant reporting cycle,
2. Full time active members of the U.S. Armed Forces,
3. Attorneys with offices outside of New York who are temporarily admitted to practice in a court within New York for a case or proceeding, but who do not otherwise practice law in New York during the relevant reporting cycle, and
4. Attorneys who certify that they are retired from the practice of law pursuant to § 468-a of the Judiciary Law.
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Q] How do I determine whether I am "practicing law in New York"?
A] You must determine for yourself whether your specific activities are considered practicing law in New York. All members of the New York Bar are presumed to be practicing law in New York unless otherwise shown. The burden of proof is on the individual attorney. You should be guided by case law and the Restatement of Law, Third, The Law Governing Lawyers, Chapter 1, § 3. Attorneys "practice law in New York" if they give legal advice or counsel to, or provide legal representation for, a particular body or individual in a particular situation in either the public or private sector. The practice of law does not include the performance of judicial or quasi-judicial (e.g., administrative law judge, hearing officer) functions. Neither the CLE Board nor its staff may advise attorneys on the issue of whether their specific activities constitute the practice of law in New York.

[encore1101]

^ It's amusing that the definition of "practice law in New York" does not state that such activities must have occurred, y'know, IN New York.

Talk about fulfilling stereotypes about lawyers.

[Anonymous User]

It appears it depends on how long you have been practicing. The FAQ above is applicable ONLY to attorneys that have been practicing for 2 years. The newer folks have different requirements: https://www.nycourts.gov/attorneys/cle/ ... html#s1_q3

[DrPangloss]

It appears it depends on how long you have been practicing. The FAQ above is applicable ONLY to attorneys that have been practicing for 2 years. The newer folks have different requirements: https://www.nycourts.gov/attorneys/cle/ ... html#s1_q3

Reviving this thread because I'm in the same situation. The NY Bar page that says "[a]ttorneys who do not practice law in New York at all during the relevant reporting cycle" are exempt from the CLE requirement is titled "FAQs for Newly Admitted Attorneys," so I think the exemption applies to all attorneys. (See http://ww2.nycourts.gov/attorneys/cle/n ... html#s3_q1).

Like OP, I was sworn in a year ago but have since practiced only in DC (at a firm). (I had a clerkship that concluded a couple months after I was admitted to the NY bar, but I assume that's not relevant.) Since I'm not barred in DC yet, I'm supervised by the principals of my firm, and I don't intend to start practicing in NY for the remainder of my reporting period (the next year). So it would seem that I'm exempt, except that the definition of "practicing law in New York" does limit itself to the provision of legal services in New York. See https://ww2.nycourts.gov/attorneys/cle/ ... 7%201500.5(b,the%20public%20or%20private%20sector. ("Attorneys practice law pursuant to this section if, during the reporting period, they give legal advice or counsel to, or provide legal representation for, a particular body or individual in a particular situation in either the public or private sector.")

Has anyone else navigated this mess before? I'd rather not try to cram 16 CLE credits into the remainder of this month if I don't have to.

[champ33]

I've been barred in NY but working at a federal agency in DC the last 5 years (since graduation from law school), and I have never done a CLE. I believe this is acceptable based on the language cited in the posts above. My understanding is if you practice in a state other than NY, NY requires you to do the CLE's that state requires, and DC doesn't require any. When they send you the form to certify, it doesn't go into what state you practice in, etc., it just has a section for exemptions, and one is "did not practice law in NY." The only wrinkle with private practice is you might have to assess whether you are providing advice from DC to any clients in NY. I have no private sector experience but it is hard to imagine every lawyer at a big firm assesses each case they work on to make sure they comply with the yearly CLE's in every state where the firm's advice may reach in that case.