March 23, 2011
NEW YORK STATE BAR ASSOCIATION COMMENDS COURT OF
APPEALS FOR ADOPTING ‘KATRINA RULE’
Rule allows lawyers to cross state lines to
provide pro bono services in a disaster
Should disaster strike in New York, a new judicial rule allows
out-of-state attorneys to offer pro bono services to disaster victims in
New York.
New York State Bar Association President Stephen P. Younger today
commended the state Court of Appeals for acting on the State Bar’s
recommendation and adopting the so-called “Katrina Rule,”
named for the devastating hurricane that struck the Gulf Coast in
2005.
“When a disaster occurs, it is imperative that citizens have
access to critical legal services,” said Younger of New York
(Patterson Belknap Webb & Tyler LLP). “I applaud the Court of
Appeals for adopting this rule which protects the public and legal
system while supporting efforts of lawyers to provide legal services
during a time of crisis.”
The rule permits out-of-state lawyers to volunteer their legal
services in New York when the Court has determined an emergency exists
affecting the justice system.
In addition, the rule allows out-of-state attorneys displaced by a
disaster in their home states to temporarily practice in New York,
enabling them to continue to serve their prior clients. While physically
working in this state, they must be affiliated with a New York attorney.
The out-of-state attorneys, however, could not appear in court in New
York unless otherwise allowed by existing rules.
The “Katrina Rule” was adopted as an amendment to the
Court’s pro hac vice admission rule (Rule 520.11). It is
formally known as Model Court Rule on the Provision of Legal Services
Following Determination of Major Disaster. Link: http://www.courts.state.ny.us/CTAPPS/news/nottobar/MajorDisaster.pdf
In February 2007, the American Bar Association (ABA) adopted a
similar model rule after Hurricane Katrina. In June 2007, the
House of Delegates of the State Bar Association approved a report by the
Association’s Committee on Mass Disaster Response recommending
that New York adopt a version of the ABA
rule.
| 
News Center
