For Your Data Inwards Re Roel Example Brief Summary
March 02, 2019
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In Re Roel (2 N.Y.2d 224, 1957)
F: Roel was non a fellow member of the Mexican bar, only was a Mexican lawyer advising clients inward New York metropolis regarding Mexican law, although he avoided advising clients on New York law. He was adjudged inward contempt for violating NY licensing, regulatory constabulary in addition to enjoined from giving legal advice or opinions.
I: Can a unusual lawyer practise unusual constabulary inward New York without beingness admitted to the New York bar?
R/H: Penal Law says it is unlawful for a individual to practise constabulary without beingness licensed to practise constabulary inward the courts of this state. The term constabulary does non hateful New York constabulary alone.
• Foreign constabulary specialists would non move plain of written report to disciplinary action.
Dissent (Van Voorhis): The fellowship is every 2nd good broad, in addition to nosotros cannot trammel someone from calling themselves a Mexican attorney. Where New York is non affected, the Penal Code allows for practicing Mexican law.
• Application of such a doctrine inward other unusual courts would preclude the US lawyers inward large firms from advising inward London or Germany.
• The doctrine of the injunction also seems to preclude practicing of constabulary yesteryear unusual lawyers hither inward counseling New York lawyers, alongside whom they carve upward fees.