N.Y. Laws » CHAPTER Judiciary / ARTICLE Attorneys and Counsellors
New York Consolidated Laws

N.Y. Judiciary Law § 478 (2026)

Practicing or appearing as attorney-at-law without being admitted and registered

✓ current as of May 2026
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§ 478. Practicing or appearing as attorney-at-law without being
admitted and registered. It shall be unlawful for any natural person to
practice or appear as an attorney-at-law or as an attorney and
counselor-at-law for a person other than himself or herself in a court
of record in this state, or to furnish attorneys or counsel or an
attorney and counsel to render legal services, or to hold himself or
herself out to the public as being entitled to practice law as
aforesaid, or in any other manner, or to assume to be an attorney or
counselor-at-law, or to assume, use, or advertise the title of lawyer,
or attorney and counselor-at-law, or attorney-at-law or
counselor-at-law, or attorney, or counselor, or attorney and counselor,
or equivalent terms in any language, in such manner as to convey the
impression that he or she is a legal practitioner of law or in any
manner to advertise that he or she either alone or together with any
other persons or person has, owns, conducts or maintains a law office or
law and collection office, or office of any kind for the practice of
law, without having first been duly and regularly licensed and admitted
to practice law in the courts of record of this state, and without
having taken the constitutional oath. Provided, however, that nothing in
this section shall be held to apply (1) to officers of societies for the
prevention of cruelty to animals, duly appointed, when exercising the
special powers conferred upon such corporations under section fourteen
hundred three of the not-for-profit corporation law; or (2) to law
students who have completed at least two semesters of law school or
persons who have graduated from a law school, who have taken the
examination for admittance to practice law in the courts of record in
the state immediately available after graduation from law school, or the
examination immediately available after being notified by the board of
law examiners that they failed to pass said exam, and who have not been
notified by the board of law examiners that they have failed to pass two
such examinations, acting under the supervision of a legal aid
organization when such students and persons are acting under a program
approved by the appellate division of the supreme court of the
department in which the principal office of such organization is located
and specifying the extent to which such students and persons may engage
in activities otherwise prohibited by this statute; or (3) to law
students who have completed at least two semesters of law school, or to
persons who have graduated from a law school approved pursuant to the
rules of the court of appeals for the admission of attorneys and
counselors-at-law and who have taken the examination for admission to
practice as an attorney and counselor-at-law immediately available after
graduation from law school or the examination immediately available
after being notified by the board of law examiners that they failed to
pass said exam, and who have not been notified by the board of law
examiners that they have failed to pass two such examinations, when such
students or persons are acting under the supervision of the state or a
subdivision thereof or of any officer or agency of the state or a
subdivision thereof, pursuant to a program approved by the appellate
division of the supreme court of the department within which such
activities are taking place and specifying the extent to which they may
engage in activities otherwise prohibited by this statute and those
powers of the supervising governmental entity or officer in connection
with which they may engage in such activities; or (4) an attorney and
counselor-at-law or the equivalent who is admitted to the bar in another
state, territory, district or foreign country and who has been admitted
to practice pro hac vice in the state of New York within the limitations
prescribed in the rules of the court of appeals; or (5) an attorney
licensed as a legal consultant under rules adopted by the court of
appeals pursuant to subdivision six of section fifty-three of this
chapter and rendering legal services in the state within limitations
prescribed in such rules.
Notes of Decisions
Cited in 117 cases (30 in the last 5 years), 1985–2026 · leading case: El Gemayel v. Seaman, 533 N.E.2d 245 (N.Y. 1988).
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El Gemayel v. Seaman, 533 N.E.2d 245 (N.Y. 1988). · cites it 7× “dant did not contract with plaintiff as Mary was his client; that enforcement of any contract between the defendant and plaintiff was barred by the Statute of Frauds as there was no signed writing evidencing defendant’s intent to answer for the debt of another (General…”
People v. Carter, 566 N.E.2d 119 (N.Y. 1990). · cites it 3× “If there remains any doubt on the subject, it should be dispelled by the special exemptions in Judiciary Law §§478 and 484 for law students or recent law graduates who are "acting under the supervision of the state or a subdivision thereof or of any officer or agency of the…”
Discover Bank v. Gilliam, 2021 NY Slip Op 05949 (N.Y. App. Div. 2021). · cites it 5× “ranting the plaintiff's motion for summary judgment on the complaint; as so modified, the order is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Orange County, to provide the defendant with an opportunity to serve and file an answer,…”
People v. Romero, 698 N.E.2d 424 (N.Y. 1998). · cites it 2× “The Attorney-General presented the matter to the Grand Jury on November 30, 1995, which that same day indicted defendant on one count of each of three charges: offering a false instrument for filing in the first degree (a charge that was dismissed before trial); unauthorized…”
People v. Adekoya, 50 Misc. 3d 99 (N.Y. App. Term. 2015). · cites it 3× “Defendant was charged with, and pleaded guilty to, practicing or appearing as an attorney-at-law without being admitted and registered (Judiciary Law § 478). The factual portion of the accusatory instrument alleged that defendant had appeared in New York State Supreme Court…”
Matter of Sharon B., 530 N.E.2d 832 (N.Y. 1988). · cites it 3× “Both sections, however, specifically except "officers of societies for the prevention of cruelty, duly appointed, when exercising the special powers conferred upon such corporations under section fourteen hundred three of the not-for-profit corporation law”.”
Benjamin v. Koeppel, 650 N.E.2d 829 (N.Y. 1995). “In this State, a person is authorized to practice law if that person has been admitted to practice and has taken the requisite oath (see, Judiciary Law § 478; see also, §§ 466, 476-a [1] [b]).”
Matter of Barry, 2021 NY Slip Op 05916 (N.Y. App. Div. 2021). “Noting that language, we emphasize that a suspended attorney's continuing use of any medium that conveys that he or she is an attorney in good standing is improper ( see Judiciary Law § 478; Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.”
Gabayzadeh v. Taylor, 639 F. Supp. 2d 298 (E.D.N.Y 2009). “2d 579, 579 (2d Dep’t 1988)); see also N.Y. Judiciary Law §§ 478 , 484. “[A]ppearance pro se denotes (in law [L]atin) the appearance for one’s self; so that a person ordinarily may not appear pro se in the cause of another person or entity.”
People v. Jacobs, 844 N.E.2d 1126 (N.Y. 2005). “Shamis later pleaded guilty to the crime of practicing or appearing as an attorney-at-law without being admitted and registered (see Judiciary Law §§ 478, 485). . Nevertheless, in People v Kieser ( 79 NY2d 936, 937 [1992]), we explained that “not every defect in an individual’s…”
Doscher v. Mannatt, Phelps & Phillips, LLP, 2017 NY Slip Op 1973 (N.Y. App. Div. 2017). “Plaintiff also failed to state a cause of action under Judiciary Law § 478, because the statute does not apply to attorney misconduct during an arbitral proceeding.”
People v. Williams, 137 A.D.3d 1709 (N.Y. App. Div. 2016). “30), and two counts of practicing or appearing as an attorney-at-law without being admitted and registered (Judiciary Law § 478). The convictions arose from defendant filing two notices of retainer and appearance with the New York State Workers’ Compensation Board.”
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