R 5.5 - Unauthorized Practice of Law; Multijurisdictional Practiceof Law Flashcards
Shall an attorney practice law in a jurisdiction the attorney is not admitted to?
No, he shall not.
What shall an attorney not do in a jurisdiction the attorney is not admitted to?
The attorney shall not hold out to the public that he is in fact admitted to said jurisdiction.
OR
The attorney shall not establish office or systematic and continuous presence in said jurisdiction, unless the Rules provide otherwise.
May an attorney provide legal services in a jurisdiction the attorney is not admitted to? If so, in what instance?
The attorney may provide legal service in another jurisdiction that the attorney is not admitted to in a temporary basis and as long as the attorney is not disbarred or suspended to practice in any other jurisdiction.
In what instances may an attorney be admitted in a temporary basis in a jurisdiction an attorney is not admitted to?
- must be under another attorney who is admitted to practice under the said jurisdiction;
- can do reasonably related matter on a potential or pending matter in which the attorney reasonably believes will be authorized to practice;
- if the matter is pending in the jurisdiction the attorney is admitted in but requires to take on business that is reasonably related to the matter in a jurisdiction that the attorney is not admitted in.
May an attorney from a foreign jurisdiction lawfully practice as an in-house counsel where the attorney is not duly admitted to practice?
Yes, he may and will NOT require a pro-has-vice admission. Even if the office of the organization is not in the jurisdiction in which the attorney is admitted in.
Shall an attorney assist a person who is outside the jurisdiction in which the attorney is not admitted in?
No.
Can an attorney delegate his work to a non-lawyer?
Yes, so long as the attorney supervises the non-lawyer and retains responsibility for their work.
May an attorney assist a person who wishes to proceed pro-se?
Yes, e.g., ghost writing.
May an attorney provide legal advice to non-lawyers that require knowledge of the law?
Yes, e.g., claims adjusters, employees of financial or commercial institutions, social workers, accountants and persons employed in government agencies.
Can an attorney’s presence be systematic and continuous even if the attorney is not physically present?
Yes.
Can an attorney represent that he is admitted to practice in a jurisdiction that the attorney is not admitted to?
No.
Does a temporary basis of legal service still considered temporary if the attorney regularly conduct the legal services in recurring fashion?
Yes.
May an attorney conduct business regarding a matter in which takes place in a jurisdiction that the attorney is not admitted to, but expect to be admitted pro-hac-vice?
Yes, but so long as the attorney believes he will be duly admitted.
May the attorney’s staff conduct business regarding a matter in which takes place in a jurisdiction that the attorney is not admitted to, but expect to be admitted pro-hac-vice?
Yes, but so long as the attorney believes he will be duly admitted.
If the matter is litigated in the jurisdiction in which the attorney is admitted to, but the arbitration and mediation occurs in a jurisdiction that the attorney is not admitted, may the attorney attend such proceedings?
Yes, the attorney may without admission via pro-hac-vice.
