Significant news for virtual attorneys wishing to practice in New York State: Earlier this week, the U.S. District Court for the Northern District of New York declared New York Judiciary Law Section 470 unconstitutional. The court ruled that the provision, which required a non-resident attorney practicing in New York state to maintain an office in the state, violated the Privileges and Immunities Clause of the U.S. Constitution. It remains to be seen how challenges to similar statutes/rules play out in other states and/or on appeal, but this ruling is encouraging for those taking advantage of technology to practice law across state lines.
Most of us are looking back this week, as the ten-year anniversary of the September 11 attacks approaches. Former White House counsel John Dean shifts away from the “where were you in that moment?” memories and survivor stories to look at the lasting impact the 9/11/2001 had on our country and, in particular, on American law: Reflections on the 9/11 Attacks” Lasting Impact on America, and American Law
If you”ve lost track of the score on the Patient Protection and Affordable Care Act, this short Jurist article includes the links to bring you up to speed. The short answer: the 4th Circuit Court of Appeals decisions this week don”t have much impact on the existing split. The decisions were based on ripeness/standing and didn”t address substantive issues. Meanwhile, the 6th Circuit upheld the law and the 11th struck down the individual mandate. The 6th Circuit case has been appealed to the U.S. Supreme Court.
The Texas Lawyer takes an in-depth look at solo practice incubators, designed to help new and relatively new attorneys hang out their shingles. Though the first law school incubator (connected with City University of New York) started up in 2007, it wasn”t until the economy took a downturn and jobs started drying up before other law schools and even bar associations started taking a closer look at the concept. Let”s hope the interest in giving law students and recent graduates the tools they need to practice law continues to build.