Up until now, legal services have not been considered “essential” in the State of NY. Yesterday the governor made some reference to adding lawyers to the list of essential service providers. But not all lawyers performing all services. Only lawyers providing professional assistance to other essential services.

The problem with this formula is that preparing wills, powers of attorney and health care proxies at this critical time are not currently considered “essential services” in our state. While mechanisms have been put into place to permit remote video notarization and witnessing of those documents, the professional service itself for the consultation and drafting of the documents is not considered “essential”. Neither are the preparation of probate and administration petitions for those who have suffered losses — and the receipt of those petitions by the Surrogate’s Courts in NY State — considered “essential”.

In sharp contrast, building affordable housing in large downtown projects that will not be completed for two years — that is deemed an essential construction service that marches on.