Defining the Practice of Law

Question 1

How do we define practice of law? (application to jurisdictions, goal, sanctions)

Answer 1

Unauthorized Practice of Law (UPL) statutes

Note:
1. UPL definition varies by jurisdiction but does NOT prohibit paraprofessionals from working w/ lawyer’s supervision

2. Goal: consumer protection
3. Sanctions: vary but can be criminal or civil

Question 2

What can non-lawyers do without violating UPL statutes? (3 things)

Answer 2

1. Forms (can sell and type in info but cannot advise clients how to complete forms)
2. Legal books (can be legal advice just not personalized advice)
3. Legal software (usually allowed but have been attacked as personalized legal advice)

Question 3

When can lawyers work with non-lawyers? (General Rule, R.5.3, R.5.4)

Answer 3

General Rule: allowed when lawyers don’t share fees and are in charge

R.5.3: makes lawyers responsible for conduct of supervised non-lawyer

R.5.4: can’t be in partnership or for-profit corp. w/ non-lawyer BUT some exceptions for fee sharing (non-profit, profit-sharing agreement, etc.)

Question 4

Definition of Ancillary (law-related) Services? (R.5.7(b))

Answer 4

(1) Services that might reasonably be performed in conjunction with related legal service, and
(2) are not prohibited as UPL when provided by a non-lawyer

Question 5

When can a lawyer providing law-related services be subject to rules of PR? (R.5.7(a)) (there’s 2)

Answer 5

(a) When circumstances aren’t distinct from lawyer’s provision of legal services to clients OR
(b) entity is controlled by lawyer or w/ others if the lawyer fails to take reasonable care to assure he client that: (1) the services are not legal services AND (2) the protections of LC relationship don’t exist

Question 6

Can a lawyer offer law-related services to a client?

Answer 6

Yes, but must comply with R.1.8(a) which defines when a lawyer can acquire pecuniary/ownership interest in transaction w/ client

Communicate BEFORE entering agreement, preferably in writing

Question 7

UPL & Multi-jurisdictional Practices (3 things)

Answer 7

1. UPL applies to arbitration/ADR
2. if a lawyer violated UPL, they are NOT entitled to pay for work conducted in barred jurisdiction
3. ABA amended Rules 5.5 and 8.5 to permit multi-jurisdictional practice

Question 8

Can a lawyer represent client’s parent corp in State A after practicing in State B?

Answer 8

Yes because R.5.5(c)(4), services arise out of or are reasonably related to lawyer’s practice in admitted jurisdiction

Question 9

Can an attorney in State A who applies to practice in State B take on a case in firm’s office in State B?

Answer 9

Yes, because R.5.5(c)(2) because attorney reasonably expected to be admitted; would still be okay if it was an arbitration under R.5.5(c)(2)

Question 10

Is an attorney who is admitted in State A and transfers full time to firm’s office in State B and is supervised periodically?

Answer 10

Yes because R.5.5(c) only applies on a temporary basis

Question 11

Can an attorney become in house in a state there they aren’t licensed?

Answer 11

Yes, permissible under R.5.5(d)(1)