Admission to Practice and Judicial Ethics

Question 1

When may an out-of-state attorney practice in Pennsylvania?

Answer 1

On a temporary basis if

• pro hac vice admission is granted
  
  • can temporarily practice in PA for ADR stuff
• Association with local counsel
  
  • the local counsel must really work the case, not just a fee sharing agreement or something
• Commercial lawyers working for a client from another jurisdiction where the attorney is licensed.

Question 2

Who has the power to regulate attorney practice?

Answer 2

The PA Supreme Court has plenary authority. Any attempt by the legislature to regulate lawyer practice is unconstitutional.

Question 3

What constitutes the unauthorized practice of law?

Answer 3

Any activity with legal significance or the development of facts with legal import is the practice of law.

• Real estate brokers in real property tax appeals
• Insurance agents in workers’ comp cases
• Injunction/loss of fees
• Divorce mills (they might get hit with a failure to supervise issue)

Question 4

What are the six areas of concern for judicial ethics?

Answer 4

1. No appearance of impropriety
2. No ex parte communications (lawyers can’t aid in ex parte communications)
3. No public comments on pending proceedings
4. Recusal occurs where there is bias or financial interest
5. Rule of necessity–if every judge is recused, there still needs to be one
6. No politics!
   
   1. Judges are elected!
   2. You can announce with respect to issues, but cannot commit with respect to parties.