5.5 Unauthorized Practice of Law

Question 1

Permissible Types of Permanent Multi-Jurisdictional Practice

Answer 1

Lawyers employed by their own client (e.g., Counsel for Universal can set up an office in a jdx they are not licensed in, but cannot litigate there)

Legal Services Authorized by Federal or Local Law (e.g., an attorney permitted to prosecute patents in the USPTO can set up a restricted practice anywhere)

Question 2

Permissible Types of Temporary Multi-Jurisdictional Practice

Answer 2

A lawyer not disbarred or suspended in one state may, in another state:

1. Provide temporary services in association with an admitted lawyer;
2. Be admitted by a court to practice in one case on a pro hac vice basis;
3. Provide temporary services reasonably related to a pending or potential matter if the lawyer reasonably expects or anticipates being authorized to appear in the jurisdiction;
4. Provide temporary services in arbitration, mediation or alternative dispute resolution matters if the matter arises out of the jurisdiction where the lawyer is admitted to practice; and
5. Provide temporary services in a matter not covered by items 2 or 3 above, but are reasonably related to a matter in the jurisdiction where the lawyer is licensed.

Question 3

Rule Prohibiting the Unauthorized Practice of Law

Answer 3

(1) A lawyer is subject to discipline for practicing in a jurisdiction where she is not admitted to practice, and
(2) A lawyer is subject to discipline for assisting another person in the unlicensed practice of law.

THREE TYPES of Unlicensed Practices:
1. When lawyers practice law in a jurisdiction in which they are not licensed;

2. When lay persons practice law or give legal advice, usually by filling out legal forms while not under the direct supervision of a lawyer; or
3. When law students give legal advice or complete legal forms for others while not under the direct supervision of an attorney.

If the conduct in question occurred in connection with a proceeding that was pending before a tribunal, the ethics rules of the jurisdiction in which the tribunal sits will be applied, unless the tribunal’s rules provide otherwise