New York to Move to Uniform Bar Exam – Legal Ease Blog

Allison C. Shields:

Despite opposition from many lawyers and bar associations throughout the state, Chief Judge Jonathan Lippman announced today that New York State will begin administering the Uniform Bar Exam (UBE) beginning in July of 2016.

According to this article, Lippman made the announcement at a Law Day celebration in Albany, claiming that the adoption of the UBE will allow New York to remain the gold standard for the profession, and stating that it will allow New York law graduates greater portability and flexibility of their law licenses.

Read more:  http://www.legaleaseconsulting.com/legal_ease_blog/2015/05/new-york-to-move-to-uniform-bar-exam.html#ixzz3ZNgO3kEz

Related articles

Fwd: NYS Form RP-5217–Your Comments Sought

Begin forwarded message:

From: “Wilson, Mark” <MWilson@NYSBA.ORG>

Sent: Tuesday, April 28, 2015 5:08 PM

Subject: NYS Form RP-5217

 

Good Afternoon, 

 

I am writing to county bar leaders and directors for input regarding New York State form RP-5217 Equalization & Assessment forms for real property deed transfers.

 

Concerns regarding the form originated with Kevin Allen, President of the Orleans County Bar Association, who noted that quite a few solo and small-firm practitioners were having issues with county clerks not accepting modified Form RP-5217. 

 

The RP-5217-PDF Real Property Transfer Report in NYS was originally a four-page carbon-copy form available at the County Clerk’s office and required for recording any deed. In 2013 the form became a one-part downloadable barcoded pdf form used to document the information associated with real property transfers for approved counties within New York State. An original RP-5217-PDF form must still accompany all deeds and correction deeds upon filing. Here is information about the RP-5217, where instructions note no handwritten changes.

 

The problem noted by the Orleans County Bar is that certain counties are not accepting modified forms: For example, if the phone number is crossed out, the clerk rejects the filing. 

 

Because the new form is bar coded, the new signed form would be required and the deed cannot be recorded. Only the date of closing can be filled in or handwritten in for certain counties. For closings where the buyer or seller may not be local, or if a senior citizen has to come in and sign and resign this causes inconveniences, especially for solos if the form has to be redone online each time there is a change – both buyer and seller sign this form.

 

The Orleans County Bar is concerned with the inconsistency among counties and the practice management issues with rekeying the form each time there is a change because of the bar code. It appears certain counties take modified forms without issue while others are rejecting it outright. It was noted that middle initials being added triggers the form to be rejected. 

 

If your association members have had similar inconsistencies filing Form 5217 with your County Clerk, please let me know. We want to chronicle the concerns of all bar associations regarding this issue. 

 

Thank you and with best regards,

 

Mark Wilson  Manager of Bar Services

New York State Bar Association

One Elk Street, Albany, NY 12207

 

direct/fax518.487.5540 |  main518.463.3200 | email:  mwilson@nysba.org | www.nysba.org

FORMS – Redaction of Confidential Personal Information – N.Y. State Courts

http://www.nycourts.gov/forms/redaction/

Training Video (Run time: 43 minutes)

The Administrative Board of the Courts has approved the adoption of a

new rule – section 202.5(e) of the Uniform Rules of the Supreme and

County Courts (22 NYCRR 202.5(e)) – requiring attorneys to omit or

redact certain confidential personal information from court filings in

Supreme and County Court.   This rule became effective on January 1,

2015; compliance is voluntary through February 28, 2015, and mandatory

thereafter. The new rule is included here. It covers both e-filed and

paper-filed cases.  …  Matrimonial actions, proceedings in Surrogate’s Court or

proceedings pursuant to Article 81 of the Mental Hygiene Law are

excepted from Rule 202.5(e). The Unified Court System recommends a new

form “Redaction Cover Page” … for use by persons filing

paper-filed court papers regarding confidential personal information

subject to the rule. 

The form the court recommends accompany those papers that are to be redacted. can be found at the link below:

 

http://www.nycourts.gov/forms/redaction/

Ballard v. NY Safety Track LLC 518627

Furthermore, despite the Town respondents’ insistence that

the Town was not obliged or that it was not feasible to make

available to petitioners the proposed 2013 agreement before it

was put to a vote, we affirm that part of Supreme Court’s

judgment as found that the Town’s conduct in that regard denied

petitioners “any meaningful participation” in the process leading

to the final adoption of the controversial 2013 agreement, in

clear contravention of Public Officers Law § 103 (e).

NYSBA | Fastcase 2015 Programs

NYSBA
KNOWLEDGE
NETWORK

Advanced Legal Research Using Fastcase 
FREE 1.0 MCLE credit webinar

Tuesday, February 10, 2015 
1:00 p.m. – 2:00 p.m 

REGISTER

As a benefit of membership in NYSBA, members receive free and unlimited access to the following libraries through Fastcase:  N.Y. Court of Appeals, Appellate Division decisions, Miscellaneous decisions, N.Y. Consolidated Laws, N.Y.C.R.R., N.Y.S. Constitution, U.S. Code, 2d Circuit decisions, and Supreme Court decisions.


Advanced Legal Research Using Fastcase 

Already familiar with basic legal research? Now it’s time for the master class. Fastcase CEO Ed Walters will teach you advanced legal research using Fastcase, the NYSBA’s free legal research member benefit. 

This session will help you find answers that traditional legal research would miss, using 4D visual maps of results, citation analysis, and legal research safety nets like Forecite. It will cover statutory research and free mobile apps for iPhone, iPad, and Android, and how to sync these apps with your NYSBA subscription to Fastcase. 

1.0 MCLE Credit 
Newly admitted attorneys cannot receive MCLE credits for participation in CLE webcasts.

NYSBA Members – Free 
This program is only open to NYSBA Members.  You can renew your membership online at www.nysba.org/Membership

REGISTER 

TODAY

Questions about the Program? Contact Kathy Suchocki, Director, Law Practice Management at 518-487-5590 or ksuchocki@nysba.org, or Simone Smith, LPM Program Coordinator at 518-487-5591 or ssmith@nysba.org.

Register by phone: Call 1-800-582-2452.

Washington state moves around UPL, using legal technicians to help close the justice gap

Robert Ambrogi has written a comprehensive survey of moves across the country in the use of legal technicians.  You might be surprised (or not) to learn that New York Sate is in the forefront of this movement.

***

“Even with whatever success we’ve had with public funding of legal services and pro bono work by lawyers, there is still a gaping hole in our system of providing legal services to the poor and people of limited means,” says New York Court of Appeals Chief Judge Jonathan Lippman, who has emerged as a leading advocate of allowing nonlawyers to provide limited services.

“We need to think out of the box and look at every possible avenue for filling this justice gap,” Lippman says. “You can get nonlawyers who are experts in a particular area of legal assistance and who can be more effective in that area than a generalist lawyer.”

***

In May 2013, Lippman appointed a committee with the specific charge of studying this issue, the Committee on Non-Lawyers and the Justice Gap. He asked the committee to focus on the use of nonlawyers in housing, elder law and consumer credit cases–areas where as many as 90 percent of litigants in the New York courts are without lawyers.

NEW YORK’S NAVIGATORS

The recommendations of this committee resulted in Lippman’s launch in February 2014 of a pilot program in which nonlawyers, called navigators, provide free assistance to unrepresented litigants in housing cases in Brooklyn and consumer debt cases in the Bronx and Brooklyn. Navigators provide a range of assistance, from general information given at help desks to one-on-one help completing legal forms and assisting in settlement negotiations.

Navigators may also accompany unrepresented litigants into the courtroom. While they are not allowed to act as advocates in court, they are able to answer questions from the judge and to provide the litigants “moral support.”

In Albany, Lippman created a second project that uses nonlawyers to advise elderly and homebound residents about their eligibility for benefits and other services…

***

Read Ambrogi’s complete article with more about New York programs by clicking the link below:

http://www.abajournal.com/magazine/article/washington_state_moves_around_upl_using_legal_technicians_to_help_close_the

Division of Code Enforcement and Administration-New York State Dept of State

On Monday January 12, 2015, the New York Department of State adopted a regulation that fixes the time within which a person served with an Order to Remedy violation(s) of the Uniform Fire Prevention and Building Code (Uniform Code) must comply with that Order.  Specifically, the regulation provides that an Order to Remedy a condition in violation of the Uniform Code must state that full compliance with the Order is required within 30 days after the date of the Order.

The regulation was added as a new section 1203.5 to 19 NYCRR Part 1203.  Part 1203 establishes minimum standards for administration and enforcement of the Uniform Code.  All cities, towns, villages, counties, and State agencies that are responsible for the administration and enforcement of the Uniform Code are required to comply with Part 1203, including the newly added section 1203.5.  

Adoption of this regulation as an emergency rule makes it effective immediately upon filing.  

***

  1. ALL ORDERS TO REMEDY ISSUED ON OR AFTER JANUARY 12, 2015 MUST STATE THE DATE OF THE ORDER AND MUST INCLUDE A STATEMENT SUBSTANTIALLY SIMILAR TO THE FOLLOWING: 

NOTICE: Full compliance with this order to remedy is required by _____ [specify date], which is thirty (30) days after the date of this order. If the person or entity served with this order to remedy fails to comply in full with this order to remedy within the thirty (30) day period, that person or entity will be subject to a fine of not more than $1,000 per day of violation, or imprisonment not exceeding one year, or both.

See 19 NYCRR 1203.5(b).

***

  1. ALL ORDERS TO REMEDY ISSUED ON OR AFTER JANUARY 12, 2015 MUST BE SERVED, PERSONALLY OR BY CERTIFIED OR REGISTERED MAIL, WITHIN FIVE (5) DAYS OF THE DATE OF THE ORDER.  See 19 NYCRR 1203.5(c).  This requirement ensures that the person served with an Order to Remedy has at least 25 days following the date of service of the Order in which to comply with the Order. NOTE:  If the city, town, village or State agency issuing an Order to Remedy does not serve the Order within five days of the date of the Order, the city, town, village or State agency must issue a new Order, and should ensure than the new Order is served within 5 days of the date of the new Order.

  2. ***

  3. Read more about this new procedure here.
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