§ 495 — Corporations and voluntary associations not to practice law

New York § 495

• Jurisdiction: New York
• Law JUD: Judiciary
• Art. 15: Attorneys and Counsellors

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§ 495. Corporations and voluntary associations not to practice law. 1.\nNo corporation or voluntary association shall (a) practice or appear as\nan attorney-at-law for any person in any court in this state or before\nany judicial body, nor\n (b) make it a business to practice as an attorney-at-law, for any\nperson, in any of said courts, nor\n (c) hold itself out to the public as being entitled to practice law,\nor to render legal services or advice, nor\n (d) furnish attorneys or counsel, nor\n (e) render legal services of any kind in actions or proceedings of any\nnature or in any other way or manner, nor\n (f) assume in any other manner to be entitled to practice law, nor\n (g) assume, use or advertise the title of lawyer or attorney,\nattorney-at-law, or equivalent terms in any language in such manner as\nto convey the impression that it is entitled to practice law or to\nfurnish legal advice, services or counsel, nor\n (h) advertise that either alone or together with or by or through any\nperson whether or not a duly and regularly admitted attorney-at-law, it\nhas, owns, conducts or maintains a law office or an office for the\npractice of law, or for furnishing legal advice, services or counsel.\n 2. No corporation or voluntary association shall itself or by or\nthrough its officers, agents or employees, solicit any claim or demand,\nor taken an assignment thereof, for the purpose of representing any\nperson in the pursuit of any civil remedy, nor solicit any claim or\ndemand for the purpose of representing as attorney-at-law, or of\nfurnishing legal advice, services or counsel to, a person sued or about\nto be sued in any action or proceeding or against whom an action or\nproceeding has been or is about to be brought, or who may be affected by\nany action or proceeding which has been or may be instituted in any\ncourt or before any judicial body.\n Nothing herein contained shall affect any assignment heretofore or\nhereafter taken by any moneyed corporation authorized to do business in\nthe state of New York or its nominee pursuant to a subrogation agreement\nor a salvage operation. Any corporation or voluntary association\nviolating the provisions of this subdivision or of subdivision one of\nthis section shall be liable to a fine of not more than five thousand\ndollars and every officer, trustee, director, agent or employee of such\ncorporation or voluntary association who directly or indirectly engages\nin any of the acts prohibited in this subdivision or in subdivision one\nof this section or assists such corporation or voluntary association to\ndo such prohibited acts is guilty of a misdemeanor. The fact that such\nofficer, trustee, director, agent or employee shall be a duly and\nregularly admitted attorney-at-law, shall not be held to permit or allow\nany such corporation or voluntary association to do the acts so\nprohibited nor shall such fact be a defense upon the trial of any of the\npersons mentioned herein for a violation of the provisions of this\nsubdivision or subdivision one of this section.\n 3. No voluntary association or corporation shall ask or receive\ndirectly or indirectly, compensation for preparing deeds, mortgages,\nassignments, discharges, leases, or any other instruments affecting real\nestate, wills, codicils, or any other instruments affecting disposition\nof property after death or decedents' estates, or pleadings of any kind\nin actions or proceedings of any nature. Any association or corporation\nviolating the provisions of this subdivision is guilty of a misdemeanor\nunless otherwise provided by section four hundred eighty-five-a of this\narticle.\n 4. Subdivisions one and two of this section shall not apply to any\ncorporation or voluntary association lawfully engaged in a business\nauthorized by the provisions of any existing statute.\n 5. This section shall not apply to a corporation or voluntary\nassociation lawfully engaged in the examination and insuring of titles\nto real property, in the preparation of any deeds, mortgages,\nassignments, discharges, leases or any other instruments affecting real\nproperty insofar as such instruments are necessary to the examination\nand insuring of titles, and necessary or incidental to loans made by any\nsuch corporation or association; nor shall it prohibit a corporation or\nvoluntary association from employing an attorney or attorneys in and\nabout its own immediate affairs or in any litigation to which it is or\nmay be a party. Nothing herein contained shall be construed to prevent a\ncorporation or association from furnishing to any person, lawfully\nengaged in the practice of law, such information or such clerical\nservices in and about his professional work as, except for the\nprovisions of this section, may be lawful, provided that at all times\nthe lawyer receiving such information or such services shall maintain\nfull professional and direct responsibility to his clients for the\ninformation and services so received. But no corporation shall be\npermitted to render any services which cannot lawfully be rendered by a\nperson not admitted to practice law in this state nor to solicit\ndirectly or indirectly professional employment for a lawyer.\n 6. This section shall not apply to a corporation organized under\narticle fifteen, or authorized to do business in this state under\narticle fifteen-A, of the business corporation law.\n 7. This section does not apply to organizations which offer prepaid\nlegal services; to non-profit organizations whether incorporated or\nunincorporated, organized and operating primarily for a purpose other\nthan the provision of legal services and which furnish legal services as\nan incidental activity in furtherance of their primary purpose; or to\norganizations which have as their primary purpose the furnishing of\nlegal services to indigent persons.\n