Federal Court Upholds New York's Limits on Unauthorized Practice of Law

A recent federal court decision in New York has reinforced longstanding restrictions on the unauthorized practice of law, highlighting the balance between access to justice and protecting the public from unqualified legal advice. The case, Upsolve Inc. v. James, centered on a nonprofit organization's effort to use non-lawyers to provide free legal guidance in debt-collection lawsuits. The program trained non-lawyers, called Justice Advocates, to help low-income individuals complete a standard one-page answer form in response to debt-collection suits, where default judgments occur in up to 90% of cases.

The litigation began in January 2022 when Upsolve filed suit against New York Attorney General Letitia James in the U.S. District Court for the Southern District of New York. Upsolve, along with the Rev. John Udo-Okon, challenged New York's unauthorized practice of law rules, arguing they violated First Amendment rights by limiting their American Justice Movement program. In May 2022, U.S. District Judge Paul Crotty granted a preliminary injunction, finding the rules likely unconstitutional as content-based restrictions on speech, subject to strict scrutiny.

The judge noted the program's safeguards, including training, ethical guidelines and referrals for complex matters, and concluded the rules were overbroad.

The state appealed, and in September 2025, the 2nd U.S. Circuit Court of Appeals vacated the injunction. The appeals court ruled the unauthorized practice rules were content-neutral and should be reviewed under intermediate scrutiny, a less stringent standard. The case was sent back to the district court for further review. On March 5, 2026, U.S. District Judge Lewis Kaplan dismissed the complaint, upholding the rules. Kaplan found the restrictions advanced important government interests without unduly burdening speech.

This outcome underscores key public policy reasons for maintaining limits on unauthorized legal practice. New York's rules, enforced through civil, criminal and contempt proceedings, require legal practitioners to meet rigorous standards: a law degree, passage of the bar exam and demonstration of good character. These measures protect consumers from incompetent, inexperienced or unethical advice, particularly in individualized cases like debt disputes, where poor guidance can lead to severe financial harm. The rules also safeguard the integrity of the justice system by ensuring ethical behavior and independence among those providing legal services. Court have long recognized that unregulated advice poses risks, especially in organized programs where non-lawyers might face conflicts or lack accountability.

While programs like Upsolve's aim to improve access to justice, the decision emphasizes that such goals must not compromise public protection.

For those needing legal help, options abound beyond unauthorized sources. Individuals should contact the New York State Bar Association's lawyer referral service, a local indigent legal services provider or a competent local attorney of their own choosing.

President's Day: President Ronald Reagan's State of the Union Speech, 1984

In Ronald Reagan's State of the Union speech, delivered on January 25, 1984, the 40th president championed peace, democracy, and freedom in a time of global tension:

Schuyler County warns of planning board scam emails

Schuyler County Planning Director Joann Lindstrom and County Attorney Steven Getman are jointly alerting residents, businesses, and applicants to be vigilant against a scam involving fraudulent invoices and emails that impersonate county planning offices.

 

This scam, which has been reported across New York State, and in other states nationwide, attempts to deceive individuals into paying nonexistent fees for land use or planning reviews.  At least one incident has been reported in Schuyler County. 

 

“The Schuyler County Planning Department and its Planning Commission do not charge any costs for land use reviews,” said Lindstrom. “If you receive a bill from the Planning Department, do not submit payment and contact the Schuyler County Planning Department immediately.”

 

"We want to ensure that our community is protected from these deceptive practices," said Getman.  “If you've received any such email, report it immediately to help us track and stop these fraudsters."

 

Getman said residents should be on the lookout for common signs of potential scam emails, including:

 

• Urgent or high-pressure demands for immediate or expedited payment, often containing threats of delays to project review.
• Request for payment through suspicious channels: wire transfers, gift cards, prepaid debit cards or cryptocurrency.
• Multiple spelling or grammatical errors.
• Poor formatting or unclear language.
• Scam communications most often occur the week before the county planning board meeting is scheduled, as seen on the schedule posted to the county planning board web page. Scam attempts typically occur the first week of each month.

 

Getman offered the following tips to avoid the scam:

• Verify email addresses and confirm all communications come from official sources like “schuylercountyny.gov” or “schuylercounty.us.”
• Confirm any invoice or request by contacting the Schuyler County Planning Department directly using known phone numbers or the county website, not those provided in the suspicious message.
• Be wary of high-pressure tactics, such as threats of delays or urgent deadlines.
• Avoid payments through wire transfers, cryptocurrency, or gift cards—these are common scam indicators.
• Educate yourself on official processes by being an active member of the local community.

 

Persons who suspect they have encountered this scam should report it immediately to

Schuyler County Planning Department (Telephone:  607-535-8211) or visit the planning department’s website: https://www.schuylercountyny.gov/484/Planning.

 

Anyone who suspects they may have been the victim of fraud may also contact local law enforcement agencies, including the Schuyler County Sheriff's Office at 607-535-8222, the New York State Attorney General's Office Consumer Frauds Bureau at 1-800-771-7755, or the Federal Trade Commission (FTC) at ftc.gov/complaint.

 

The Schuyler County Planning Director provides land use guidance to the county's municipalities, its legislature, and the public.   The County Attorney is the chief legal advisor for county government and is responsible for the prosecution and defense of civil actions brought by and against the county.

Schuyler County Attorney Warns Seniors About Nationwide “Gold Bar” Scam

Watkins Glen, NY — Schuyler County Attorney Steven J. Getman is urging senior residents and their families to be aware of a growing nationwide fraud scheme commonly referred to as the “gold bar scam,” which has led to significant financial losses for older adults in other parts of New York and across the country.

According to federal and state authorities, scammers typically contact victims by phone, email, or text, falsely claiming to be representatives of the federal government, law enforcement, or a financial institution. Victims are told their bank accounts or assets are at risk and are instructed to withdraw large sums of money to purchase gold bars or other precious metals to “protect” their savings. In some cases, victims are directed to deliver the gold to couriers or arrange shipments to the scammers.

Law enforcement agencies, including the FBI, U.S. Department of Homeland Security, and the Federal Trade Commission, report that losses from gold bar scams reached hundreds of millions of dollars nationwide in 2024 alone, with seniors being the primary targets.

“At this time, there have been no public reports of Schuyler County residents falling victim to this scam,” said County Attorney Getman. “However, given the rapid spread of these schemes throughout New York State and neighboring regions, it is critical that our senior community be informed and vigilant.”

Key warning signs of a gold bar scam include:

• Claims that you must act immediately to protect your money

• Requests to buy gold, silver, or other valuables as a safeguard

• Instructions to keep the transaction secret from family or bank staff

• Anyone claiming to be a government agent asking for money, gold, or financial transfers

Important reminders:

• Legitimate government agencies and law enforcement will never ask you to buy or deliver gold or other valuables.

• Banks, the IRS, Social Security Administration, and law enforcement do not request payments by precious metals, wire transfer, or courier pickup.

What Schuyler County residents should do if they suspect a scam:

• Stop all contact with the individual immediately

• Do not send money, purchase gold, or share personal or financial information

Residents who believe they may have been targeted or victimized are encouraged to report the incident to:

• Schuyler County Sheriff’s Office

• New York State Attorney General’s Consumer Frauds Bureau

• The Federal Bureau of Investigation (FBI) via the Internet Crime Complaint Center (IC3)

“Reporting suspected scams helps protect not only the individual involved, but also our entire community,” County Attorney Getman added. “If something doesn’t feel right, trust your instincts and reach out for help.”

Schuyler County officials encourage family members, caregivers, and neighbors to discuss these scams with seniors and to help them recognize the warning signs before harm occurs.

For more information on avoiding scams, residents may also consult resources provided by the Federal Trade Commission and the FBI. 

Schuyler County Attorney Highlights Key New York State Laws Taking Effect in 2026

As New Yorkers prepare to ring in the new year, several significant laws are set to take effect in 2026 that will impact residents across the state, including those in Schuyler County. Schuyler County Attorney Steven Getman today outlined some of the most important changes, emphasizing their potential effects on workers, businesses, consumers and public safety.

"These new laws reflect ongoing efforts to address economic pressures, enhance transparency and protect vulnerable populations," Getman said. "While many apply statewide, their implications will be felt locally in Schuyler County, from our rural workforce to small businesses and families."
Among the key changes:

• Minimum wage increase: Effective Jan. 1, the state's minimum wage will rise to $17 per hour in New York City, Long Island and Westchester County, and $16 per hour in the rest of the state, including Schuyler County. This adjustment aims to help workers cope with rising living costs, potentially boosting local economies through increased spending. However, small businesses and employers in rural areas like Schuyler County may face higher operational expenses, which could lead to adjustments in pricing or staffing.
• LLC Transparency Act: Starting Jan. 1, most limited liability companies must disclose their beneficial owners to the state, targeting anonymous shell companies used for financial crimes. This will promote accountability in business dealings, particularly in real estate, helping tenants and residents identify true property owners and aiding law enforcement in investigations. In Schuyler County, where agriculture and small enterprises are prominent, this could reduce fraud and enhance trust in local transactions.
• Stricter driver points system: Effective February 2026, the threshold for driver's license suspension drops to 10 points within 24 months, with increased points for common violations like speeding, cell phone use and reckless driving. Designed to improve road safety, this change may lead to more suspensions statewide, encouraging safer driving habits. Schuyler County residents, who rely heavily on personal vehicles in rural areas, should review their driving records to avoid penalties that could disrupt daily commutes and work.
• Subscription cancellation protections: As of Jan. 1, companies must make canceling subscriptions as straightforward as signing up, banning hidden or complicated processes. This consumer safeguard will empower New Yorkers to manage their finances better, reducing unwanted charges. In Schuyler County, where residents may subscribe to services like streaming or farm supplies, this could save time and money for households.
• Expanded unemployment benefits and worker protections: In 2026, wage theft will be treated as larceny, unemployment benefits will increase with broader coverage for striking workers and temporary layoffs, and freelance protections will extend statewide. These measures strengthen labor rights, providing greater financial security for workers. In Schuyler County, with its mix of seasonal tourism, agriculture and small businesses, this could support employees during economic fluctuations.
• Medical Aid in Dying Act: Expected to take effect mid-2026, terminally ill adults meeting strict criteria may request life-ending medication under medical supervision. This controversial law expands end-of-life options, impacting healthcare providers and families statewide. Schuyler County residents facing terminal illnesses may gain more autonomy, though it raises ethical considerations for local medical professionals.

Getman noted that while these laws aim to benefit New Yorkers, their full effects will depend on implementation and individual circumstances. He encouraged residents to stay informed through official state resources.
Anyone with questions about these or other laws is urged to contact a qualified attorney of their own choosing.  
As County Attorney, Getman is the chief legal advisor for county government and is responsible for the prosecution and defense of civil actions brought by and against the county,

Schuyler County Attorney Warns Seniors of Holiday Scams Targeting Older Adults (Common Holiday Scams and How to Avoid Them)

Schuyler County Attorney Steven Getman is urging senior citizens to stay vigilant against a likely surge in scams during the holiday season, when fraudsters exploit seasonal generosity and family-focused emotions to target vulnerable older adults.

 "Scammers don't take a holiday break," Getman said. "They ramp up efforts when emotions run high, using the spirit of giving against us. Our seniors deserve to enjoy the season without fear."

According to Getman, scammers often prey on seniors' trust, isolation or limited familiarity with technology, with nationwide losses to elder fraud topping $3.4 billion in 2023 and continuing to rise

 Getman outlined several widespread tactics, drawing from federal data and state alerts:

• Grandparent Scams: Fraudsters pose as a distressed grandchild in trouble — such as arrested abroad or in an accident — urging immediate wire transfers or gift card purchases. They may use AI-generated voices for realism. To avoid: Hang up and call the relative directly using a known number. Never send money to unsolicited callers.
• Fake Charity Solicitations: Con artists impersonate legitimate nonprofits, often via phone or door-to-door, requesting donations for holiday causes. They pressure for quick payments via untraceable methods like cryptocurrency or prepaid cards. To avoid: Verify charities through sites like Charity Navigator or the Better Business Bureau before giving. Legitimate organizations don't demand instant payment over the phone.
• 
  Phony Online Shopping Deals: Bogus websites or social media ads offer steep discounts on popular gifts, stealing credit card info or delivering nothing. Lookalike stores mimic trusted retailers. To avoid: Shop only on secure, familiar sites with "https://" and check reviews. Use credit cards for purchases, which offer better fraud protection than debit cards.
• Government Impersonation Frauds: Callers claiming to be from the IRS, Social Security or Medicare demand payment for fabricated "issues," like unpaid taxes or benefit updates, often tied to holiday "relief" programs. To avoid: Government agencies never request payment via gift cards or wire. Contact them directly through official channels.
• Tech Support or Gift Card Scams: Pop-up alerts or calls warn of computer viruses, directing seniors to buy gift cards for "fixes," or twist holiday shopping into "secret shopper" gigs requiring card purchases. To avoid: Don't click unsolicited links or share codes. Legitimate support comes from you initiating contact.
• Fake Delivery Notifications:  Scammers send emails or texts claiming a package is delayed, often with a link to pay a fee or provide personal information. To avoid: Always get tracking numbers for items you buy online, so you can make sure they have been shipped and can follow the delivery process.

Getman emphasized simple safeguards to avoid scams:

• ·         Be particularly vigilant on social media during the holiday season.
• ·         If it seems to good to be true, it probably is.
• ·         Discuss potential scams with family.
• ·         Resist high-pressure tactics.
• ·         Report suspicions immediately. 

Getman urges those who believe they are victims of a scam to contact the Schuyler County Sheriff’s Office at 607-535-8222 or in an emergency dial 911. Outside of Schuyler County, complaints can be filed with any local law enforcement agency or the New York State Consumer Frauds Bureau by calling 1-800-771-7755.

 "Education is our best defense — let's arm our seniors with knowledge,” he said.

For additional resources to protect rights and property, please visit the county attorney’s website at: https://www.schuylercounty.us/1154/Free-Publications-to-Protect-Your-Rights

Schuyler County Files 2025 List Of Delinquent Property Taxes; Announces Help For Property Owners

As required by New York State Real Property Tax Law, Schuyler County officials have filed the List of Delinquent Taxes for 2025, identifying parcels that have been subject to delinquent tax liens held and owned by the County of Schuyler since Jan. 1 of this year.    And county officials want taxpayers and homeowners to know there are ways to avoid losing their property.

“Property owners with delinquent taxes are urged to act promptly to avoid additional penalties, interest, or even loss of your real property,” County Treasurer Holley Sokolowski said. We offer a number of options and want to avoid people losing their homes whenever possible.”

According to County Attorney Steven Getman, the redemption period for delinquent taxes is 18 months. During this time, the Treasurer’s Office and County Attorney’s Office will review public records and attempt to collect amounts due without resorting to foreclosure.

“Throughout the process, the county works with eligible property owners to prevent foreclosure through installment agreements, referral to legal services, buy-back options, and public notices,” Getman said.

At the conclusion of the redemption period, the county will file and serve a Notice and Petition for Tax Foreclosure on any remaining delinquent properties. Approximately six months later, the court will issue its final judgment of foreclosure, and the county will proceed to a public tax auction.

This year’s list is available for public review on the county website at www.schuylercounty.us, and on file with the Schuyler County Clerk and online at the New York State Court System (NYSCEF) (https://iapps.courts.state.ny.us/nyscef).

Sokolowski said the Treasurer’s Office offers several options to assist eligible property owners:

• Installment agreements: Monthly payment plans to divide tax payments into manageable amounts.

• Redemption period: Property owners may redeem their property by paying all delinquent taxes, interest, and fees before the expiration of the redemption period, typically in February of the following year.

• Surplus funds: In the event of a tax foreclosure sale, former owners may be eligible to claim surplus funds.

Getman noted that several resources are available for property owners seeking legal help:

• Legal Assistance of Western New York, Inc. – Free legal aid for eligible low-income residents. Visit www.lawny.org.

• New York State Courts “CourtHelp” can help you when you don’t have a lawyer: https://www.nycourts.gov/courthelp/.

• New York State Bar Association Lawyer Referral Service: Call 1-800-342-3661 to locate a qualified local attorney.

“It’s the job of the county to collect taxes, but the main focus here is keeping people on their property and in their homes,” Getman said.

Sokolowski serves as Schuyler County’s chief fiscal officer and enforcement officer for unpaid property tax liens. Getman serves as the county’s chief legal advisor and represents the county in civil actions, including tax matters.

Schuyler County Offers Free Emergency Preparedness Training

Schuyler County officials are inviting county residents to sign up for a free class to learn about preparing for emergencies. The New York Citizen Preparedness Training Program will be held at the Schuyler County Human Services

Complex, Room 120, in Montour Falls, NY, on Tuesday, December 2, at 5:00 p.m.

This program is designed for county residents who may benefit from learning more about preparing for extreme weather and other emergencies. It is offered by Schuyler County in conjunction with the Division of Homeland Security and Emergency Services Citizens Preparedness Corps.

With severe weather events becoming more frequent and more extreme, it is more important than ever that New Yorkers are prepared for disasters. The NY Citizen Preparedness Training Program teaches residents to have the tools and resources to prepare for any type of disaster, respond accordingly, and recover as quickly as possible to normal conditions.

The training course will provide an introduction to responding to a natural or man-made disaster. Participants will be advised on how to properly prepare for any disaster, including developing a family emergency plan and stocking up on emergency supplies. Each family that attends will receive one preparedness kit.

Registration is required to attend. Residents can sign up here.

Schuyler County Attorney Urges Residents to Prepare During National Preparedness Month

Schuyler County Attorney Steven J. Getman is reminding residents that September is National Preparedness Month, a time dedicated to raising awareness about the importance of preparing for emergencies and disasters. This annual campaign, sponsored by the Federal Emergency Management Agency (FEMA), encourages individuals, families, and communities to take proactive steps to ensure safety and resilience in the face of unexpected crises.

“Emergencies can strike without warning, whether it’s a severe storm, flood, or other disaster,” said Getman. “National Preparedness Month is an opportunity for Schuyler County residents to plan ahead, build resilience, and ensure they are ready to respond effectively. Preparedness starts at home, and by taking small steps now, we can protect ourselves, our loved ones, and our community.”

The goals of National Preparedness Month are to encourage residents to:

• Understand Risks: Learn about potential emergencies, such as winter storms, floods, or wildfires, that could impact Schuyler County.
• Make a Plan: Develop a family emergency plan to ensure everyone knows what to do and where to go in a crisis.
• Build a Kit: Assemble an emergency supply kit with essentials like food, water, and medical supplies to sustain households during an emergency.
• Get Involved: Stay informed and participate in community preparedness efforts to strengthen local resilience.

Getman offered the following practical tips to help residents prepare:

1. Create an Emergency Plan: Discuss with family members how to communicate and reunite if separated during an emergency. Identify a safe meeting place and ensure everyone knows evacuation routes.
2. Build an Emergency Kit: Stock a “go-bag” with at least three days’ worth of water, non-perishable food, medications, flashlights, batteries, and first aid supplies. Include important documents like identification and insurance papers.
3. Stay Informed: Sign up for emergency alerts at https://alert.ny.gov/ to receive real-time notifications about local emergencies, public notices, and safety updates.
4. Learn Lifesaving Skills: Take free classes, such as CPR or Stop the Bleed, offered through local organizations to be ready to assist in a crisis.
5. Prepare for Specific Needs: Account for the unique needs of children, seniors, individuals with disabilities, or pets when planning and assembling supplies.

According to Getman, Schuyler County is supported by a robust network of emergency and law enforcement services ready to assist residents during a crisis.

·         The Schuyler County Public Health Department collaborates with the Western Region Health Care Emergency Preparedness Coalition, local emergency responders, Schuyler Hospital, and the Medical Reserve Corps (MRC) to plan, train, and respond to public health emergencies, such as disease outbreaks or natural disasters.

·         The Schuyler County Sheriff’s Office, led by Sheriff Kevin Rumsey, is committed to public safety and crime reduction. The Sheriff’s Office provides rapid response to emergencies, coordinates with other law enforcement agencies, and offers community outreach to promote safety.

·         The Schuyler County Emergency Management Office works closely with local, state, and federal partners to coordinate disaster response and recovery efforts.

“Preparedness is a shared responsibility,” Getman emphasized. “I encourage all Schuyler County residents to take time this September to review their emergency plans, refresh their supplies, and connect with our local services. By working together, we can build a stronger, safer community ready to face any challenge.” For more information on National Preparedness Month and how to prepare, visit www.ready.gov

 

Schuyler County Attorney Urges Safe Driving During Labor Day Holiday

Schuyler County Attorney Steven J. Getman reminds motor vehicle operators to drive safely during the Labor Day holiday, as New York State Police and local law enforcement increase patrols and sobriety checkpoints through Monday, September 1, 2025, as part of the national “Drive Sober or Get Pulled Over” campaign. 

The Labor Day weekend, a peak travel period, often sees a surge in accidents due to reckless, intoxicated, or distracted driving. 

To protect our community, Getman emphasizes the importance of responsible driving and highlights the following:

• Avoid Impaired Driving: Driving while intoxicated (DWI) or impaired by drugs is a serious crime. In New York, a DWI is defined as a blood alcohol content (BAC) of .08 or higher, with aggravated DWI at .18 or higher. Penalties for a first DWI include fines of $500-$1,000, up to a year in jail, a $750 driver responsibility assessment over three years, and a license revocation for at least six months. Aggravated DWI carries fines of $1,000-$2,500 and at least a one-year license revocation. Under Leandra’s Law, all DWI convictions require an ignition interlock device. 
• Felony DWI Charges: Repeat DWIs within ten years can escalate to felonies, with a second offense (Class E felony) carrying fines of $1,000-$5,000 and up to four years in jail, and a third offense (Class D felony) up to $2,000-$10,000 and seven years in jail. DWIs involving a child under 16, serious injury, or death can result in felony charges, with penalties up to 25 years in prison for fatal crashes under Leandra’s Law. Commercial drivers face stricter rules, with a BAC limit of .04, and school bus drivers risk felony charges if impaired with students on board. 
• Eliminate Distractions: Using handheld mobile phones or electronic devices while driving is illegal in New York, except for emergency calls to 911. Violations carry fines of $50-$293 and add five points to your driving record. 
• Drive Responsibly: Obey speed limits, wear seat belts, and stay focused to reduce risks. Plan ahead for heavy traffic and ensure your vehicle is road-ready.

The Governor’s Traffic Safety Committee and the New York State STOP-DWI Foundation support this initiative, partially funding enforcement efforts. Drivers are encouraged to download the free “Have a Plan” mobile app (available for Windows, Apple, and Android) to locate taxi or rideshare services, designate sober drivers, learn DWI laws, and report suspected impaired drivers. 
“Let’s make this Labor Day safe for everyone,” Getman said. “By driving sober, staying focused, and following traffic laws, we can prevent tragedies and ensure our community enjoys the holiday.”