The New York Journal reports on a recent Court of Appeals ruling interpreting NY Judiciary Law §470 as requiring attorneys who are not residents of New York to maintain a physical office in the space to practice. That physical office requirement means a real space – not a kitchen table or a corner in Starbucks. The requirement only applies to non-resident lawyers, New York attorneys who reside in the state aren’t similarly bound.

So how come I’m not criticizing this apparently idiotic ruling as I did five years ago when New Jersey issued a similarly restrictive reading of the bonafide office requirement (which has since been changed)? Because the New York Court of Appeals ruling is the first step towards the long and exceedingly slow journey to its demise.

More than six years ago, New Jersey based shingler Ekaterina Schoenefeld  challenged the constitutionality of New York’s office requirement, arguing that it violated the Privileges and Immunities Clause of the United States Constitution, imposing undue burdens on out-of-state New York attorneys’ ability to use their New York bar license.