Jurisdictional Issues

Question 1

When is temporary practice in another jurisdiction (where an attorney is not barred) permitted?

Answer 1

1. when it is conducted in association with a local lawyer who is an active partner; or
2. when it is reasonably related to a proceeding in a jurisdiction where the lawyer is authorized to practice or reasonably expects to be authorized to practice; or
3. when it relates to mediation or arbitration in a jurisdiction where the lawyer is authorized to practice; or
4. when it arises from or reasonably relates to the lawyer’s practice in the jurisdiction where they are admitted to practice.

Question 2

When is permanent practice in another jurisdiction (where an attorney is not barred) permitted?

Answer 2

1. when it only involves providing services to a lawyer’s employer or organization; or
2. when it is authorized by federal or local law

Question 3

When can a lawyer not establish temporary or permanent practice in a jurisdiction where they are not barred?

Answer 3

1. When they have been disbarred in any jurisdiction
2. When they have been suspended in any jurisdiction

Question 4

What is the rule for foreign lawyers not barred in the U.S.?

Answer 4

The same rules apply as for lawyers who seek to provide services in a jurisdiction where they are not licensed. They must be in good standing in the foreign country where they are licensed, and any advice they provide regarding U.S. law, must be based upon advice by a licensed lawyer in the relevant U.S. jurisdiction.

Question 5

Inactive licenses

Answer 5

An attorney with an inactive license is treated as if they are not barred in the state where their license is inactive.