BILL NUMBER: S7860B
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the judiciary law, in relation to pro bono service by
attorneys and candidates for admission to the bar; and providing for the
repeal of such provisions upon expiration thereof
 
PURPOSE:
The purpose of this bill is to ensure that New York state does not
recognize pro bono work resulting from the Trump Administration's unlaw-
ful extortion of private law firms and attack on the practice of law.
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 3 of section 53 of the judiciary law to
provide that any pro bono hours reported by a candidate for the admis-
sion to the bar cannot include pro bono provided pursuant to an agree-
ment with the federal government specifying the recipient or recipient
or type or type or types or nature of the legal services provided.
Section 2 amends subdivision 3 of section 468-a of the judiciary law to
provide that any pro bono hours reported on an attorney's biennial
registration statement cannot include pro bono provided pursuant to an
agreement with the federal government specifying the recipient or recip-
ient or type or type or types or nature of the legal services provided.
Section 3 creates a new section of the judiciary law to provide that
attorneys may not be required by law firms to perform pro bono pursuant
to an agreement between the law firm and the federal government specify-
ing the recipient or recipient or type or type or types or nature of the
legal services provided.
Section 4 states that this act shall take effect immediately.
 
JUSTIFICATION:
The Trump Administration issued executive orders against a number of
large law firms with a significant presence in New York restricting the
ability of attorneys at those law firms to obtain security clearances,
access government buildings and officials, and work on federal
contracts. The executive orders were solely predicated on the law firms'
retention of attorneys and clients with whom the Trump Administration
had political differences and would have had the effect of barring these
law firms from undertaking significant matters. To avoid the crippling
effects of those executive orders, most of these law firms entered into
agreements with the federal government to provide millions of dollars in
"pro bono legal concessions". The agreements purport to require law
firms to devote their pro bono resources in service of the Trump Admin-
istration's chosen causes, at the expense of pro bono legal services
provided to the most vulnerable among us.
As former New York Court of Appeals Chief Judge Jonathan Lippman said:
"We are fortunate that, in New York State, so many lawyers embrace a
culture of service, recognizing the ethical and social responsibility to
volunteer their time and legal expertise to help ensure that we are
providing for the justice needs of all." The Trump Administration's
extortionary agreements with law firms run afoul of the spirit of pro
bono in New York, both because they represent an interference with the
sacred right of attorneys to freely practice law in service of the
clients of their choosing and they endanger access to pro bono legal
services for vulnerable New Yorkers targeted by the Trump Adminis-
tration.
The bill will ensure that New York attorneys continue to provide and
report pro bono legal services irrespective of the pro bono hours
provided pursuant to these coercive extortionary agreements.
 
LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately and be deemed repealed effective
January 20, 2029.

Statutes affected:
S7860: 53 judiciary law, 53(3) judiciary law, 468-a judiciary law, 468-a(3) judiciary law
S7860A: 53 judiciary law, 53(3) judiciary law, 468-a judiciary law, 468-a(3) judiciary law
S7860B: 53 judiciary law, 53(3) judiciary law, 468-a judiciary law, 468-a(3) judiciary law