Restrictions on Lawyers Flashcards
1
Q
Unauthorized Practice
A
- A lawyer shall not aid a non-lawyer in the unauthorized practice of law
- non-lawyers may not: draft a real estate sales K, counsel on legal implication of tax laws; draft wills and estate plans
- Lawyer cannot practice where not licensed EXCEPT if (i) pro hac vice; (ii) clients involved in multistate business; (iii) practicing before federal agencies; (iv) multistate law partnerships
2
Q
Rule Agains Restricting Practice [2]
A
(1) A lawyer shall not enter into a partnership, employment, or similar type of agreement that restricts the right of the lawyer to practice after termination of the relationship
- EXCEPTIONS- an agreement concerning benefits on retirement [ex- we will pay your retirement benefits so long as you don’t practice law in NYC for the next 5 years]
(2) Lawyer may not participate in the settlement of a client’s matter that restricts the lawyer’s right to practice in the future
