N.Y. Comp. Codes R. & Regs. tit. 22, subtit. D, ch. V, Application for admission to the bar

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Current through Register Vol. 46, No. 45, November 2, 2024

Application for admission to the bar

APPELLATE DIVISION

OF THE

SUPREME COURT

SECOND DEPARTMENT

____________

COMMITTEE ON CHARACTER

AND FITNESS

____________

APPLICATION

and

SWORN STATEMENT

____________

APPLICATION FOR ADMISSION TO THE BAR

RECEIVED ________

Form 1

Issued ________ Office Telephone ________

Submitted ________ Home Telephone ________

COMMITTEES ON CHARACTER AND FITNESS

SECOND JUDICIAL DEPARTMENT

________

APPLICATION FOR ADMISSION TO THE BAR AND STATEMENT REQUIRED

PURSUANT TO ARTICLE 94 OF THE CIVIL PRACTICE LAW AND RULES

DIRECTIONS

(Read all these directions carefully before attempting to answer any question.)

1. This is a statement made under oath. Applicant's failure fully and accurately to disclose any fact or information called for by any question may result in the denial of the application for admission, or if applicant shall have been admitted before the discovery thereof, in the revocation of his license to practice law.

2. Answers must be in black ink, in applicant's handwriting or typewriting, except as hereinafter indicated.

3. Unless otherwise indicated, every question and every part of each question must be answered, even though the answer be negative.

4. If the applicant cannot comply with any of the requirements, he must state in detail the efforts he has made to comply and why he cannot. Answers on information and belief will be accepted only in connection with matters which the applicant cannot be expected to remember because of extreme youth or other equally sufficient reason. All statements made on information and belief must be so designated in the sworn statement, and the sources of information must be given.

5. Should the space left for any answer be insufficient, the applicant shall complete his answer on a rider, specifying the number of the question to which it relates, attached to this sworn statement. Avoid riders whenever possible.

6. In stating addresses give street and number, if any, city, village and state or country. If an address is in New York City, give the borough in addition to the city. If present address of applicant be in a village, give also the county.

7. In giving a period which is continuing at the date of verification of this sworn statement, always give such period as continuing "to date."

________

To the Appellate Division of the Supreme Court of the State of New York, Second Judicial Department:

The undersigned hereby applies for admission to practise as an attorney and counselor-at-law in all courts of the State of New York, and in support of such application submits the following sworn statement and the accompanying affidavits and other papers:

(a) State full name

___________________

(First) (Middle) (Last)

(b) Have you ever used or been known by any other name? ________ If so, state in full each name (other than the name above given) which you have used or by which you have at any time been known, and the reasons for each such name.

(If change was made by court submit copy of petition, a certified copy of the order and certificate of compliance therewith.)

2. State the following:

Age, date, and place of birth.

____________

If a naturalized or derivative citizen, state date when and place where naturalization or right to derivative status was acquired, and submit certificate of naturalization or equivalent from any governmental office. (Such certificate will be returned.)

____________

Present residence (give full mailing address).

____________

Full name of all persons with whom you are presently living, and relationship to you.

____________

Length of actual residence in the State of New York.

____________

3. State whether married or single.

If ever married, answer the following:

When, where, and to whom married; give spouse's full name, together with any other name by which spouse has been known. (If married more than once, list marriages chronologically.)

____________

Do you reside with your spouse? ________

If not, state reasons for separation. (If through divorce, annulment or separation, submit copy of pleadings, certified copy of decree, judgment or order and proof of compliance with any directive portions thereof.)

____________

4. Give the following information relating to your parents:

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5. Give the following information as to residence.

The cities and states or countries in which you resided for more than three months from the date of your birth until you first entered high school or its equivalent. (If answer is on information and belief, state source of information.)

____________

The full and exact address of your residence at the time you first entered high school or its equivalent.

____________

State every permanent residence you have ever had, in the United States or elsewhere, since first entering high school or its equivalent with exact address of each, and the month and year of the beginning and ending of each such residence. (Exclude military addresses unless off base.)

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11.

(a) Have you ever been denied admission to any school, college, law school, or other similar institution? If your answer is yes, state the facts:

____________

Have you ever been placed on probation, or dropped, or suspended or expelled from, or have you withdrawn from or left any institution of learning, or otherwise been subjected to discipline, by any such institution, or requested or advised for any reason to discontinue your studies therein temporarily or otherwise? ________

If your answer is yes to either (a) or (b), give the name of any such institution and state the cause, circumstances and date of each such occurrence.____________

____________

12. Have you ever been employed in any business or profession or any other occupation whatsoever, other than the law? ________ If so, enumerate all such employments in chronological order. Include employments by members of family or other relatives and employments without monetary compensation. Submit letter on letterhead of employer or an affidavit from each such employer giving nature of employment, period of service, whether or not satisfactory and reason for termination.

____________

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13. Have you ever been employed in or associated with any law office, law department or legal institution? ________ If so, enumerate all such employments and associations in chronological order. Include employments by members of family or other relatives and employments without monetary compensation. Submit affidavit from each employer giving same information as required under question 12.

____________

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14. Have you ever been engaged on your own account in any occupation, business, or profession? ________ If so, give in detail the nature and location thereof and the month and year of the beginning and ending of your engagement in or connection therewith. If any such business was carried on by you in partnership with others, give the names and addresses of all partners and the nature of the business. If the business was carried on by a corporation in which you owned an interest list its name, address, nature of the business and your connection with it. If any business or profession in which you engaged has been discontinued or your connection therewith has ceased state why and whether there are unpaid judgments, debts or claims or pending litigation.

____________

15. Have you ever been discharged by any employer? ________ If so, give the name of each such employer and attach your affidavit stating date, cause and circumstances in detail.

____________

16. Do you affirmatively represent that, in connection with all your employments for which no proof has been supplied, your services were satisfactory and that you were not discharged nor were your services terminated for cause, nor were you requested or advised to resign from or leave any such position? ________

If answer is no, give full details as to each such incident.

____________

17.

(a) Have you ever applied for admission to the Bar of the State of New York? ________

If so, where, when, and with what result?

____________

Have you ever engaged in or has your conduct ever been called in question with reference to the unauthorized practice of law?

____________

Have you ever been employed by or otherwise connected with any person, firm, or corporation whose conduct was called in question on the subject of unauthorized practice of law while you were so employed or connected?

____________

Have you ever tried any action or proceeding, argued any motion, drawn legal papers, given legal advice or held yourself out as an attorney or counselor-at-law in this State? If you have done any of these, state the facts.

____________

If your answer is yes as to any part of this question, state the matter fully ________

18.

(a) Have you ever registered as a law student or applied to take or taken the bar examination in any country, state or jurisdiction other than the State of New York?

____________

Have you applied for admission to practice as an attorney or counselor in any country, state or jurisdiction other than the State of New York? ________ If your answer to (a) or (b) is "Yes", state specifically the disposition made of the application or the result of the bar examination; if admitted, (a) give the name and address of each court by which admitted, the date of such admission, the periods of practice and all the office addresses where you have practiced, with the names and addresses of partners, if any and (b) whether you have ever been reprimanded, disciplined, suspended or disbarred as an attorney or counsellor-at-law or whether any charges or complaints have ever been preferred against you, and if so, the nature of the charges and their disposition.

(Applicants admitted in other jurisdictions must submit proof from each Grievance Committee, or body entertaining complaints against lawyers, certifying as to whether charges have been filed with such Committee or body against the applicant, and, if so, the substance of the charges and the disposition thereof. Instruction Sheet D may be obtained from Committee Office.)

____________

19. Are you registered for Selective Service? ________

If so, state:

(a) Local board number and address:

____________

Original classification and each reclassification, giving date of each such classification.

____________

20. Have you ever been rejected for service in any of the armed services of the United States or of any other country? ________ If your answer is "Yes" give date and reason, stating facts fully, whether the reason be physical, mental, moral or otherwise and submit photostat copy of any documentary proof thereof.

____________

21.

(a) Have you at any time or in any manner, served in any of the armed services of the United States, including reserves? ________ If the answer is "Yes", state (a) when, where, and which service;

(b) period and nature of service rendered;

(c) if discharged give date and nature of discharge and submit photostat copy of each discharge certificate or release papers.

____________

Have you served in the armed forces (reserves or otherwise) of any country other than the United States of America? ________ If the answer is yes, give name of country, inclusive dates of service, and reason for separation from service. (Submit photostat of each discharge or release.)

____________

22. As a member of any Armed Forces have you been a subject of any charges or complaints, formal or informal, or have any proceedings been instituted against you or have you been a defendant in any courts martial? ________If answer is "Yes", state the facts.

____________

23. State whether you have ever

____________

(Answer each subdivision of this question "Yes" or "No.")

testified or been called as a witness in any action, proceeding or investigation to which you were not a party; ________

been ticketed, or summoned, or arrested, or taken into custody, or indicted, or convicted, or tried for, or charged with, or pleaded guilty to the violation of any law, ordinance, traffic or parking regulation or the commission of any felony, or misdemeanor, or been requested to appear before any prosecuting or investigative agency in any matter? ________

(Indicate all such incidents, including proceedings as a juvenile offender, no matter how minor the infraction or whether guilty or not. Although a conviction may have been expunged from the records by order of court, it nevertheless must be disclosed in the answer to this question.)

____________

failed to answer on the return date any ticket, summons or other legal process served upon you at any time? ________ If so, was any warrant, subpoena, or further process issued against you as a result of your failure to respond to such legal process?

____________

been declared a ward of any court, or adjudged an incompetent, or have any proceedings been brought to have you declared a ward of any court or adjudged an incompetent, or have you been committed to any institution or been a paient in any institution for the care of persons suffering from mental or nervous disorders or drug addiction, drug abuse or alcohoism?

____________

been charged with fraud or any other matter involving moral turpitude?

____________

been a party to or otherwise involved in any action or proceeding, or investigation either civil or criminal, not covered by answers to the foregoing subdivisions of this question?

____________

If your answer is "Yes" to any subdivision of this question, state the facts in detail and give in each case name and locality of court or agency, dates of beginning and termination of action or proceeding, and the judgment or other disposition below.

____________

24.

(a) Are there any unsatisfied judgments against you? ________ If so, list the same giving name and address of judgment creditor and the court by which judgment was rendered, together with the date and amount thereof and the nature of the claim on which it was based.

____________

Are you in default in the performance or discharge of any duty or obligation imposed upon you by any governmental agency or decree or order of any court including alimony and support orders and decrees? ________

If so, state the facts.

____________

Are you indebted to anyone? ________If so, list all debts stating name and address of creditor and amount, date, nature and status of indebtedness.

____________

Has any one ever asserted a claim or demand against you, which has not been made the subject of any action or legal proceeding? ________ If so, state the facts and the present status of the matter.

____________

Have you ever asserted any claim or demand against any person, partnership or corporation, or governmental agency which has not been made the subject of any action or legal proceeding? ________

If so, state the facts and the present status of the matter.

____________

25.

(a) Have you ever held a license the procurement of which required proof of good character? ________ If so, as to each such license, state the date it was granted and the name and address of the authority granting it.

____________

If your application for such a license was not granted state the facts.

____________

Have you ever held a bonded position? ________ If so, specify the nature of position, dates, amount of bond, and whether or not anyone ever sought to recover on your bond or cancelled the same?

____________

26. Have you ever organized or helped to organize or become a member of any society or group of persons which teaches (or taught) or advocates (or advocated) that the Government of the United States or any State or any political subdivision thereof should be overthrown or overturned by force, violence or any unlawful means?________

If your answer is in the affirmative, state the facts below.

____________

27.

(a) Do you believe in the principles underlying the form of government of the United States of America?

____________

Can you conscientiously and do you affirm that you are, without any mental reservation, loyal to and ready to support the Constitution of the United States?

____________

29. Have you ever been disciplined, expelled, suspended, ordered to resign from any club, association, society or organization? ________If your answer is "Yes," state the facts.

____________

30. If admitted, do you intend to practice law? ________ If you do not intend to practice law state why.

____________

31. Is there any incident in your life not called for by the foregoing questions which has any detrimental bearing on your character or fitness? ________ If the answer is "Yes," state the facts.

____________

32.

(a) Have you read the Canons of Ethics adopted by the American and New York State Bar Associations? ________

Will you conscientiously endeavor to conform your profession conduct to them? ________

(THE FOLLOWING TWO PARAGRAPHS ARE TO BE COPIED BY THE APPLICANT IN HIS USUAL HANDWRITING IN THE SPACE PROVIDED BEFORE THE SIGNATURE OF THE APPLICANT.)

I understand that this application is a continuing application, and that I must give correctly the information herein sought as of the date of my appearance before the Appellate Division to be sworn in as an attorney and counselor-at-law. I will, therefore, before such appearance, notify the Secretary of the Committee as to any change in respect of any matter concerning which information is herein sought.

I will also submit such additional affidavits or papers, and supply such additional information as may be requested.

COPY FOREGOING TWO PARAGRAPHS HERE

____________

Signature of applicant

(Must conform to name on Certificate of State Board of

Law Examiners)

STATE OF ________)

) ss.

COUNTY OF ________)

I, ________, being duly sworn, say: I have read the foregoing questions and have fully, truthfully and accurately answered the same. The foregoing answers are true of my own knowledge, except if stated to be made upon information and belief, and as to such answers, I believe them to be true.

Signature of applicant

(Sign as above)

Subscribed and sworn to before me this

________ day

of ________, 19________

CERTIFICATE OF COMMENCEMENT OF CLERKSHIP

[cf. § 520.4 ]

(Type or print)

I, the undersigned, an attorney admitted to practice law in the State of New York, do hereby certify that

(Type or print name of regular law clerk and student)

who is at least eighteen years of age, having been born at ________ on the ________ day of ________ 19 ________ has this day commenced the study of law in my office located at ________ New York, as a regular law clerk and student under section 520.4 of the rules of the Court of Appeals for the admission of attorneys and counselors-at-law (22 NYCRR 520.4).

Dated ________,19________.

Attorney at Law

Name____________

Address____________

Date of Admission____________

SCHEDULE A

(To be completed by law clerk/student)

(1) Pre-legal education [FN1]:

____________

(2) Legal education:

____________

STANDARD FORMS FOR APPLICATIONS FOR ADMISSION

TO PRACTICE AS AN ATTORNEY AND COUNSELLOR AT LAW

STATE OF NEW YORK

APPELLATE DIVISIONS OF THE SUPREME COURT

COMMITTEES ON CHARACTER AND FITNESS

________

INSTRUCTIONS TO APPLICANTS FOR ADMISSION TO THE BAR

________

GENERAL INSTRUCTIONS

(Applicable in All Judicial Departments)

Strict compliance with these instructions is required. Incomplete, defective or carelessly prepared papers will occasion delay and may result in the rejection of the application.

Any false statement contained in the applicant's papers, or any failure to disclose any material fact, may result in the denial of the application for admission; or if the applicant shall have been admitted before the discovery thereof, in the revocation of his license to practice law.

Applicants should read carefully section 90 of the Judiciary Law, Article 94 of the Civil Practice Law and Rules, and the Rules of the Court of Appeals regarding the admission of attorneys and counsellors-at-law.

1. OFFICIAL FORMS -- Applicants will be furnished the following standard forms: Questionnaire, Affidavits of Character, Affidavits of Legal Employment, and College and Law School Certificates.

2. QUESTIONNAIRE -- Every applicant must file a verified questionnaire, preferably typewritten, and must answer all questions fully, truthfully and accurately. If the space provided be insufficient for a complete answer, the answer may be given on a rider which should be signed by the applicant, specifying by its number the question to which it relates. Avoid use of riders, if possible.

3. AFFIDAVITS OF CHARACTER -- Every applicant must furnish affidavits of good moral character from three reputable persons residing in the State of New York in the same city or county in which the applicant resides or has resided for a substantial period following his 18th birthday, one or whom preferably should be an attorney in good standing in this State; or, if the applicant has resided for a substantial period preceding the date of application, and following his 18th birthday, outside the State of New York, the required affidavits may be furnished by persons residing in the community in which the applicant has so resided.

Do not submit affidavits of character from (a) other applicants, (b) persons related to the applicant or (c) members of the faculty or administrative staff of any law school which the applicant has attended.

4. LEGAL EMPLOYMENT -- An employer's affidavit is required concerning every employment of a legal nature in a law office or legal department of a corporation or other business, or of a legal aid or public office.

5. BUSINESS EMPLOYMENT -- If the applicant has not had any substantial legal employment (No. 4, above), a letter addressed to the appropriate Committee on Character and Fitness should be submitted on the letterhead of the applicant's present employer, or if the applicant is not presently employed, from his last employer, giving (a) the nature of the services rendered by the applicant, (b) the period of employment, (c) the reason for leaving and (d) estimate of the applicant's character.

6. COLLEGE AND LAW SCHOOL CERTIFICATES -- A certificate must be submitted from each college and law school attended by the applicant. The forms provided for that purpose should be sent by the applicant to each such institution together with a stamped envelope addressed to the appropriate filing office (indicated below) of the Appellate Division to which the applicant has been certified by the State Board of Law Examiners.

7. CERTIFICATE OF THE STATE BOARD OF LAW EXAMINERS -- Every applicant must file with his application the certificate received by him from the State Board of Law Examiners.

8. MATTERS REQUIRING SPECIAL PROOF:

A. Military Record -- Submit copies of current classification card and each release and discharge from military service, if any.

B. Change of Name -- If by court order, submit certified copy of order. Otherwise, submit copy of birth certificate and affidavits by parents and applicant stating the period of use of each name and that all names used are of the same person as applicant. If by marriage, so state in questionnaire.

C. Naturalization -- Applicant must exhibit, at the time of submitting his application papers, all naturalization papers under which citizenship is claimed.

D. Prior Admission in Other Jurisdictions -- Submit certificates of good standing from each court, Federal or State, to which admitted, and a letter from each grievance committee, or other body entertaining complaints against lawyers, certifying as to whether any charges have been filed with such committee or body against the applicant, and, if so, setting forth the substance of the charges and the disposition thereof.

E. Divorce, Annulment or Separation -- Submit a certified copy of the decree or judgment and a verified statement of compliance with the directive portions of such decree or judgment.

F. Partnerships, Associations, etc., in Business or Profession -- If the applicant is or has been engaged in any business or profess on with others in partnership, under a corporate organization or otherwise, a letter should be submitted from at least one of the applicant's associates covering the items listed under Business Employment above (No. 5).

9. APPLICATION PAPERS -- Only fully completed applications will be accepted for filing. Applications should be arranged in the following order:

a. Certificate of State Board of Law Examiners.

b. Questionnaire verified by applicant.

c. Three affidavits of character.

d. Affidavits of legal employment.

e. Copy of current classification card and each release and discharge from military service, if any.

f. Any other papers applicant is required or desires to submit.

10. FILING OFFICES -- Applications should be filed with, and all inquiries concerning admission procedures directed to, the appropriate filing office (indicated below) of the Appellate Division to which the applicant has been certified by the State Board of Law Examiners.

11. Inability to comply with any of the foregoing requirements for admission must be set forth in an affidavit of the applicant indicating any omission and stating fully the efforts made by the applicant to fulfill the requirements.

Filing Offices

First Judicial Department Appellate Division, First Department

27 Madison Avenue - Room 101

New York, New York 10010

Second Judicial Department Secretary, Committees on Character and Fitness

Appellate Division, Second Department

185 Montague Street

Brooklyn, New York 11201

Third Judicial Department Clerk

Appellate Division, Third Department

Justice Building

Albany, New York 12223

Fourth Judicial Department Clerk

Appellate Division, Fourth Department

501 Hall of Justice

Rochester, New York 14614

SPECIAL INSTRUCTIONS

A. Applicable only in the First Judicial Department:

Summary Statement -- The applicant should submit with his other papers a Summary Statement on the form provided for that purpose.

Manner of Submission of Papers -- All papers must be submitted personally at the Appellate Division Court House, 25th Street and Madison Avenue, Room 101, New York, N.Y., except that the papers may be submitted by mail if the applicant is under military or other demanding circumstances which preclude personal submission.

B. Applicable in the Second, Third and Fourth Judicial Departments:

Manner of Submission of Papers -- All papers must be submitted to the appropriate filing office of the Appellate Division, noted above, personally or by mail.

SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division: [________] Judicial Department

________

In the Matter of the Application of

Affidavit of Good

Moral Character

1. ________[FN1]:

For Admission as an

Attorney and Counselor at Law

________

STATE OF ________)

) ss.

COUNTY OF ________)

2. ________, being duly sworn, states:

____________

3. Residence of affiant:

____________

4. Nature of affiant's business (if a practicing attorney, give year and place of admission):

____________

5. Name of firm and business address of affiant:

____________

6. Length and nature of affiant's acquaintance with applicant, including a statement of applicant's residence(s) during period of affiant's acquaintanceship:

____________

7. Affiant's frank opinion as to applicant's moral character and fitness to practice law [FN2]:

____________

8. Facts upon which affiant's knowledge or opinion as to applicant's moral character is based:

____________

9. State any information or facts which would be helpful to the committee on character and fitness in determining applicant's character and fitness:

____________

10. Do you recommend applicant for admission to the bar?

____________

(Signature)

Sworn to before me this ________

day of ________, 19________

______________

Notary Public [FN3]

(DO NOT FORGET TO HAVE AFFIDAVIT NOTARIZED)

NEW YORK SUPREME COURT, APPELLATE DIVISION,

DEPARTMENT

________

IN THE MATTER OF THE APPLICATION

Affidavit of

Legal Employment

_______________

(Insert name of applicant)

for Admission to Practice as an Attorney

Counselor-at-Law

________

STATE OF ________)

) ss.

COUNTY OF ________)

(he) (she) executed the same.

1. Home and office addresses of affiant? (Give full mailing addresses)

____________

2. Are you, and were you during the entire period of the employment hereinafter mentioned, a practicing attorney of the Supreme Court of the State of New York, giving department and approximate date of admission?

____________

3. Has the applicant been at any time employed in your law office or under your supervision in any law office, in the law department of a corporation or in a public office?

If so, give the following facts:

____________

Name and address of employer (individual, firm or corporation).

____________

If applicant was not in your individual employ, state your position with employer during the employment. (For example, member of employing firm, head of law department of a corporation, managing attorney, or other position.)

____________

Period, or each period, of employment, giving month and year of beginning and ending of each period, or if employment still continues, state that it continues to date.

____________

Each position held by applicant and nature of his duties.

____________

Nature and frequency of your personal contacts with applicant during the employment.

____________

Whether or not you had personal supervision of his work, or any part thereof, during the entire employment or any part thereof.

____________

If you did not have personal supervision, give name and position of each person having supervision.

____________

State whether or not applicant's duties were satisfactorily performed. If not, state in what respects such performance was defective.

____________

4. If the employment has been terminated, state how and why, and in case of two or more separate periods of employment give such information as to each period.

____________

5. State any other facts within your knowledge, or of which you have information, which in your opinion have any bearing on the applicant's moral character or fitness to practice law, or which would be helpful to the Committee in determining the applicant's character and fitness.

____________

(Insert date)

Sworn to before me this

________day of 19 ________

_______________

(Affiant to sign here)

_______________

(Attesting officer to sign here)

_______________

(Official designation)

(If affidavit is sworn to outside the State of New York, attach clerk's certificate)

[FN1] State either college or university degree or degrees, the college or university and the date; or, if not a graduate of an accredited college, the number of your law student's qualifying certificate.

[FN1] Give name of applicant as it appears on the certificate of the State Board of Law Examiners.

[FN2] Affiant must state that applicant is a person of good moral character and set forth the facts in detail under paragraph 8.

[FN3] If affidavit is sworn to outside the State of New York, attach clerk's certificate.

N.Y. Comp. Codes R. & Regs. tit. 22, subtit. D, ch. V, Application for admission to the bar