New York’s outdated attorney residency requirement widens justice gap

Rural New Yorkers face certain challenges that can make life more difficult. Public school enrollment is falling, broadband coverage remains spotty, public transit is lacking. All this, plus a combination of rising costs and stagnant job growth, is driving residents to leave our rural counties. Those who remain often find it difficult to obtain the professional services they need — including legal representation.

A century-old law requires attorneys licensed to practice in New York to maintain a physical office inside state lines. That law, enacted in 1909, when the horse and buggy was the mode of transportation, is worsening the justice gap in our state’s rural communities.

A bill pending in Albany would repeal the outdated Judiciary Law Section 470, which prevents a large pool of qualified attorneys from representing those in need. This simple change would improve access to justice while creating a new revenue stream for the state. So far, Gov. Kathy Hochul has declined to consider it.

So-called “legal deserts” — areas where individuals struggle to find attorneys to represent them — with wills, real estate transactions, matrimonial and Family Court matters, small businesses, and family farms — are prevalent across our state.

Consider the numbers: In New York City there are 50 attorneys for every 1,000 residents. That ratio drops to roughly four attorneys per 1,000 residents in Monroe County according to a 2020 report by the New York State Bar Association’s Task Force on Rural Justice. Of the state’s 44 rural counties, 26 have only one attorney for every 600 residents, and many rural counties have even fewer lawyers to serve residents’ legal needs.

The result is an injustice. Individuals often resort to representing themselves, which studies have shown results in less optimal outcomes. This shouldn’t be the case — especially not when a reserve of qualified attorneys is willing and able to represent rural New York clients but remain benched. This crisis will surely worsen if nothing changes. Indeed, 75% of lawyers serving rural communities are projected to retire in the next 10 to 30 years.

The delivery of legal services is dramatically different than it was when Section 470 was enacted 115 years ago. The COVID-19 pandemic was itself a powerful accelerant for shifting life online and modernizing many industries, including the legal profession. New York, which prides itself on being a policy leader, needs to keep pace. Law firms across the country are already rethinking their real estate footprint, and firms are downsizing and shedding space even as they add lawyers.

If Section 470’s office requirement is repealed, small and solo practitioners can work remotely and avoid the expense of physical office overhead, keeping costs down while providing more equitable access to justice for New Yorkers in need of legal representation.

Working remotely also allows practitioners to take on cases for clients in underserved communities, at reduced cost.

In addition, scrapping the physical office requirement may result in a financial benefit to the state: Lawyers’ income earned in New York will still be taxable, resulting in greater revenues. Attorney registration fees in New York would increase, resulting in substantial funds for services that directly benefit the public, including the Lawyers' Fund for Client Protection, the Indigent Legal Services Fund and the Legal Services Assistance Fund.

The last four years have seen all facets of society adapt to virtual work and New York should get on board.

Rarely is there an opportunity to do such good for communities in need without cost to taxpayers. Even rarer is the bill that does the public good while benefitting our business community and especially those in New York’s rural areas. Hochul should reconsider her opposition to repealing Section 470.

New York State Bar Association president Richard C. Lewis is a Binghamton native who maintains a general legal practice at Hinman, Howard & Kattell, where he focuses on litigation and business law.

This article originally appeared on Rochester Democrat and Chronicle: Outdated NY attorney residency requirement widens justice gap