In re Shaikh

350 N.E.2d 902, 39 N.Y.2d 676, 385 N.Y.S.2d 514, 1976 N.Y. LEXIS 2794
CourtNew York Court of Appeals
DecidedMay 13, 1976
StatusPublished
Cited by5 cases

This text of 350 N.E.2d 902 (In re Shaikh) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Shaikh, 350 N.E.2d 902, 39 N.Y.2d 676, 385 N.Y.S.2d 514, 1976 N.Y. LEXIS 2794 (N.Y. 1976).

Opinion

Per Curiam.

We conclude that the several Appellate Divisions do not have authority to deny an applicant admission to the Bar on the basis of their independent determination that [679]*679he has not demonstrated adequate general or legal educational preparation or qualification.

Recognition that ultimate responsibility for regulating admission to practice law is vested in the Court of Appeals is to be found in subdivision 1 of section 53 of the Judiciary Law: "The court of appeals may from time to time adopt, amend, or rescind rules not inconsistent with the constitution or statutes of the state, regulating the admission of attorneys and counsellors at law, to practice in all the courts of record of the state.” Provision has been made for admission to practice law in New York State, other than pro hac vice, by progress along either of two routes: by passing the State Bar examination (Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law [hereafter "Rules”], 22 NYCRR 520.2-520.6; cf. Judiciary Law, § 53, subd 3); or on motion without examination by proof of admission and five years’ actual practice in a sister State or in another country whose jurisprudence is based on the principles of English common law (Rules, § 520.8; cf. Judiciary Law, § 53, subd 2).

Whichever route be selected, actual admission is only on order of the appropriate Appellate Division (Rules, § 520.1 [a]; cf. Judiciary Law, § 90, subd 1). On proof of compliance with other provisions of the Rules of the Court of Appeals and on submission either of a certificate that the Bar examination has been passed or of proof of admission and requisite practice in another qualifying jurisdiction, an applicant is entitled to an order admitting him to practice if the appropriate Appellate Division is "satisfied that such person possesses the character and general fitness requisite for an attorney and counsellor-at-law” (Rules, § 520.9; cf. Judiciary Law, § 90, subd 1; CPLR art 94).

The issue tendered on this appeal is whether in the exercise of its responsibility for screening for "character and fitness”, the Appellate Division may exclude an applicant for admission on motion who is otherwise qualified on the ground that he does not have "sufficient grounding in the legal profession as practiced in the State”—in effect that he lacks the necessary legal educational preparation and qualification. We hold that the Appellate Divisions have no authority to deny admission on this ground (cf. Matter of Brennan, 230 App Div 218).

Appellant was admitted to practice in the courts of Pakistan on September 28, 1954 and thereafter actively practiced in the courts of that Country for more than five years. Since October, [680]*6801972 he has lived in New York State as a resident alien.

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Bluebook (online)
350 N.E.2d 902, 39 N.Y.2d 676, 385 N.Y.S.2d 514, 1976 N.Y. LEXIS 2794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-shaikh-ny-1976.