Admission to the NY bar - advising on laws of other states? Forum

[Bass]

Hi all

As I understand, Delaware is the most popular jurisdiction for incorporation in the US. Why then is the New York bar the most popular bar admission in the US and and amongst foreign candidates?

I would imagine, after admission to the NY bar, one becomes qualified to advise only on New York and Federal law. For instance, New York statutes, by-laws of NY incorporated companies, security filing and perfecting in NY. Am I right to say then that if a contract is governed by Delaware law, only Delaware counsel is qualified to advise on such a contract? Or is there something I'm missing?

Also, do you have to be NY-qualified to advise on listing rules of the stock exchange of NYSE etc?

[A. Nony Mouse]

1) not all law practice has to do with the law governing corporations. Criminal/family/immigration lawyers (for example) don't generally care about where companies are incorporated.
2) you have to be admitted where your practice is located, and NYC has the highest number of legal jobs/lawyers. It's also easier to get a job in NYC if you have no ties to other communities in the US.
3) taking the bar in a given state doesn't limit you to advising only on that state. It only determines which state association governs your professional behavior. You can absolutely advise clients on Delaware law as a NY-admitted lawyer, you just can't appear in court in Delaware without getting permission.

[jdk]

3) taking the bar in a given state doesn't limit you to advising only on that state. It only determines which state association governs your professional behavior. You can absolutely advise clients on Delaware law as a NY-admitted lawyer, you just can't appear in court in Delaware without getting permission.

I was reading about multi-jurisdictional practice a few months ago and remember seeing a case that applied a test somewhat akin to 'purposeful availment' with regard to determining whether a lawyer had engaged in the unauthorized practice of law in the forum state. I think it was a CO lawyer dealing with a transactional issue in CA, but I can't remember. I do remember doing a little research and not coming up with anything resembling clear or uniform guidance.