The Schoenefeld Decision and an Examination of Bona Fide Office Requirements in the New York, New Jersey and Connecticut Tri-State Area

By David Dugan, Esq.  

In Schoenefeld v. State of New York, [enhanced version available to lexis.com subscribers] the United States District Court for the Northern District of New York held that New York Judiciary Law § 470 was unconstitutional because it discriminates against attorneys who are licensed to practice, but do not reside, in New York by requiring them to maintain an office in the State of New York, while attorneys admitted in and residing in New York need not maintain any office at all. Assuming the Court's ruling is upheld on appeal, its effect will be to create opportunities for many New York-barred attorneys who have not practiced in New York (perhaps for financial reasons stemming from the rule's constraints) to now put their New York licenses to good use and have access to an expanded pool of potential clients and new matters.

This article examines Section 470 and the Schoenefeld decision, compares the current state of affairs in the New York/New Jersey/Connecticut tri-state area with respect to bona fide office requirements and offers a few words of caution to those attorneys naturally considering taking advantage of the ruling in Schoenefeld. 

ABOUT THE AUTHOR:

David M. Dugan, an attorney at Wolff & Samson PC in West Orange, New Jersey, represents clients in a variety of business/commercial disputes and focuses his practice on legal malpractice defense, real estate litigation, breach of restrictive covenant and trade secret litigation, and the representation of Court-appointed receivers in advising them of their duties and rights and defending against claims brought against them. He practices in both New Jersey and New York state and federal courts. Mr. Dugan can be reached by telephone at (973) 530-2078, or by email at ddugan@wolffsamson.com. 

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