In New York 1,636 advocates who have not updated their information may be suspended from practicing law

The Disciplinary Authority of the Third Judicial Department of New York State has petitioned the court to suspend 1,636 advocates from practice for failing to comply with their periodic registration requirements.

According to the New York State Supreme Court, the Advocate Registration Division of the Office of Judicial Administration (the equivalent of Ukraine’s State Judicial Administration, which also performs service and record-keeping functions for advocates, including maintaining their registry, tracking their registration status, updates their contact information, collects the prescribed registration fee, and provides information to disciplinary bodies) has compiled a list of 1,636 advocates who failed to renew their registration within the applicable two-year periods.

Subsequently, the Committee for the Review of Complaints Against Advocates filed a motion with the Appeals Division of the State Supreme Court requesting their suspension. The case file included confirmation of registration status and lists of advocates organized by the addresses they had provided.

The court issued an order requiring the advocates to explain why the proposed suspension should not be imposed, and the advocates were permitted to file written objections. A final decision in the case has not yet been rendered.

In New York State, every advocate admitted to the bar must renew their registration once every two years. In essence, this procedure involves updating personal and professional information, confirming status, and paying a mandatory fee. It is a formal but mandatory update of information for individuals who remain members of the state bar.

In accordance with Section 118 of the Chief Judicial Administrator’s Rules, after initial registration, an advocate must file an electronic registration application every two years within 30 days of their birthday. The application must include, among other things, the advocate’s work and residential addresses, contact information, details regarding admission to practice in other jurisdictions, and the advocate’s professional status. Any changes to key registration information must be reported within 30 days.

Starting in December 2023, registration will be conducted electronically through the judiciary’s online services system.

Under the New York Rules of Professional Conduct, failure to register constitutes a professional misconduct. For this reason, the Attorney Disciplinary Committee filed a petition with the court under the rules governing disciplinary liability for advocates. The petition is based on a provision that allows for suspension in the event of irrefutable evidence of professional misconduct. The Committee considers the official data from the registration system to be such evidence.

A similar mechanism has been applied before. In September 2024, for example, a court ruled that failure to fulfill the two-year registration obligation constituted a professional misconduct and suspended 974 advocates from practice.

In Ukraine, the administration of the URAU and disciplinary functions fall under the authority of bar self-governing bodies. Specifically, pursuant to Article 17 of the Law «On the advocacy and the practice of law», the Bar Council of Ukraine is responsible for maintaining the URAU and information is entered by regional bar councils.

An advocate is required to report any changes to their registration information within three days. However, Ukrainian law does not require periodic updates to personal information. Furthermore, the late submission of information to the URAU does not, in and of itself, constitute an automatic ground for suspension of the right to practice law.

Article 31 of the Law contains an exhaustive list of grounds for suspending the right to practice law. If the suspension is imposed as a disciplinary sanction, it is possible only by decision of the Qualification and Disciplinary Bar Commission and in cases specified by law. Before such a decision is made, the information must be verified, the decision to initiate disciplinary proceedings must be made, an adversarial hearing must be conducted, and the existence of a disciplinary offense must be established. An advocate has the right to provide explanations and evidence, file motions, seek legal counsel, and appeal the decision.

This article was prepared by Olena Kalashnyk, a representative of the UNBA in the USA.