A person, regularly admitted to practice as an attorney and counsellor, in the courts of record of this state, whose office for the transaction of law business is within the state, may practice as such attorney or counsellor, although he resides in an adjoining state.
New York Judiciary Law §470 has been interpreted by the New York Court of Appeals to require that any attorney admitted in New York maintain a genuine, physical office for the transaction of law business in the state — not a virtual mailbox, coworking membership, or shared desk arrangement. The statute was designed to ensure that out-of-state attorneys who practice in New York have a real physical presence accessible to clients and the courts. Violations of §470 may constitute the unauthorized practice of law in New York. The Ethics Reporter's investigation of Ernestas Pravilionis identified three listed New York office addresses that appear to be virtual services, not physical law offices, potentially violating §470.
Violation of Judiciary Law §470 may constitute the unauthorized practice of law in New York, which is a crime under Judiciary Law §484. Courts have dismissed actions filed by attorneys found to be in violation of §470. Attorneys in violation may also face disciplinary proceedings for conduct prejudicial to the administration of justice. The practical consequences include inability to file papers in New York courts and exposure to malpractice liability for all representations conducted in violation of the statute.
If you believe your attorney violated Judiciary Law §470 — New York Judiciary Law §470 — Physical Office Requirement — you may have grounds for a bar complaint. Our guide explains the process.
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