NJ attorney prepare NY resident will?

[gpraschil]

Jurisdiction

New Jersey

I have a longtime client who recently moved just over the border into New York. He has asked me to prepare a Will and POA for him. I am not licensed to practice in New York. Am I able to prepare the Will and POA for this client?

 

[Tax Counsel]

I have a longtime client who recently moved just over the border into New York. He has asked me to prepare a Will and POA for him. I am not licensed to practice in New York. Am I able to prepare the Will and POA for this client?

I think quite likely you violate the NY laws on the unauthorized practice of law by doing that. Although you'd had a relationship before with this client, the client is now a resident of another state. And drafting a will for that client would be like drafting a will for any other person from that state that might contact you. Since the person is in NY and requires the application of NY law, that should be done by a NY licensed attorney. See the NY authorized practice of law statute.

Also, note that Rule 5.5 of the NJ rules of professional conduct state that a NJ lawyer may not provide services in another stat that would violate that other state's rules of practice.

If I were in your shoes I would decline to prepare the will for that client unless I could arrange permission for pro hac vice representation of the client or work through NY law firm. But in the latter case the client is really just better off seeing the NY law firm in the first place.

 

[gpraschil]

Thank you for your response.