N.Y. Judiciary Law § 495: Corporations and voluntary associations not to practice law

§ 495. Corporations and voluntary associations not to practice law. 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

unless otherwise provided by section four hundred eighty-five-a of this

article.

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.