Section 495. Corporations and voluntary associations not to practice law  


Latest version.
  • 1.
      No  corporation or voluntary association shall (a) practice or appear as
      an attorney-at-law for any person in any court in this state  or  before
      any judicial body, nor
        (b)  make  it  a  business  to practice as an attorney-at-law, for any
      person, in any of said courts, nor
        (c) hold itself out to the public as being entitled to  practice  law,
      or to render legal services or advice, nor
        (d) furnish attorneys or counsel, nor
        (e) render legal services of any kind in actions or proceedings of any
      nature or in any other way or manner, nor
        (f) assume in any other manner to be entitled to practice law, nor
        (g)  assume,  use  or  advertise  the  title  of  lawyer  or attorney,
      attorney-at-law, or equivalent terms in any language in such  manner  as
      to  convey  the  impression  that  it  is entitled to practice law or to
      furnish legal advice, services or counsel, nor
        (h) advertise that either alone or together with or by or through  any
      person  whether or not a duly and regularly admitted attorney-at-law, it
      has, owns, conducts or maintains a law  office  or  an  office  for  the
      practice of law, or for furnishing legal advice, services or counsel.
        2.  No  corporation  or  voluntary  association  shall itself or by or
      through its officers, agents or employees, solicit any claim or  demand,
      or  taken  an  assignment  thereof,  for the purpose of representing any
      person in the pursuit of any civil remedy,  nor  solicit  any  claim  or
      demand  for  the  purpose  of  representing  as  attorney-at-law,  or of
      furnishing legal advice, services or counsel to, a person sued or  about
      to  be  sued  in  any  action or proceeding or against whom an action or
      proceeding has been or is about to be brought, or who may be affected by
      any action or proceeding which has been or  may  be  instituted  in  any
      court or before any judicial body.
        Nothing  herein  contained  shall  affect any assignment heretofore or
      hereafter taken by any moneyed corporation authorized to do business  in
      the state of New York or its nominee pursuant to a subrogation agreement
      or  a  salvage  operation.  Any  corporation  or  voluntary  association
      violating the provisions of this subdivision or of  subdivision  one  of
      this  section  shall  be liable to a fine of not more than five thousand
      dollars and every officer, trustee, director, agent or employee of  such
      corporation  or voluntary association who directly or indirectly engages
      in any of the acts prohibited in this subdivision or in subdivision  one
      of  this section or assists such corporation or voluntary association to
      do such prohibited acts is guilty of a misdemeanor. The fact  that  such
      officer,  trustee,  director,  agent  or  employee  shall  be a duly and
      regularly admitted attorney-at-law, shall not be held to permit or allow
      any such  corporation  or  voluntary  association  to  do  the  acts  so
      prohibited nor shall such fact be a defense upon the trial of any of the
      persons  mentioned  herein  for  a  violation  of the provisions of this
      subdivision or subdivision one of this section.
        3. No voluntary  association  or  corporation  shall  ask  or  receive
      directly  or  indirectly,  compensation  for preparing deeds, mortgages,
      assignments, discharges, leases, or any other instruments affecting real
      estate, wills, codicils, or any other instruments affecting  disposition
      of  property after death or decedents' estates, or pleadings of any kind
      in actions or proceedings of any nature. Any association or  corporation
      violating the provisions of this subdivision is guilty of a misdemeanor.
        4.  Subdivisions  one  and  two of this section shall not apply to any
      corporation or voluntary association  lawfully  engaged  in  a  business
      authorized by the provisions of any existing statute.
    
        5.  This  section  shall  not  apply  to  a  corporation  or voluntary
      association lawfully engaged in the examination and insuring  of  titles
      to   real   property,  in  the  preparation  of  any  deeds,  mortgages,
      assignments, discharges, leases or any other instruments affecting  real
      property  insofar  as  such instruments are necessary to the examination
      and insuring of titles, and necessary or incidental to loans made by any
      such corporation or association; nor shall it prohibit a corporation  or
      voluntary  association  from  employing  an attorney or attorneys in and
      about its own immediate affairs or in any litigation to which it  is  or
      may be a party. Nothing herein contained shall be construed to prevent a
      corporation  or  association  from  furnishing  to  any person, lawfully
      engaged in the practice  of  law,  such  information  or  such  clerical
      services  in  and  about  his  professional  work  as,  except  for  the
      provisions of this section, may be lawful, provided that  at  all  times
      the  lawyer  receiving  such information or such services shall maintain
      full professional and direct  responsibility  to  his  clients  for  the
      information  and  services  so  received.  But  no  corporation shall be
      permitted to render any services which cannot lawfully be rendered by  a
      person  not  admitted  to  practice  law  in  this  state nor to solicit
      directly or indirectly professional employment for a lawyer.
        6. This section shall not  apply  to  a  corporation  organized  under
      article  fifteen,  or  authorized  to  do  business  in this state under
      article fifteen-A, of the business corporation law.
        7. This section does not apply to organizations  which  offer  prepaid
      legal  services;  to  non-profit  organizations  whether incorporated or
      unincorporated, organized and operating primarily for  a  purpose  other
      than the provision of legal services and which furnish legal services as
      an  incidental  activity  in furtherance of their primary purpose; or to
      organizations which have as their  primary  purpose  the  furnishing  of
      legal services to indigent persons.