Unauthorized practice of law

Question 1

Unauthorized practice defiiniton

Answer 1

1. unauthorized practice:
   i. practicing in a jurisdiction where lawyer is not admitted and admission is required
   a. representing that she is admitted to practice
   b. establishing an office or other continuous presence for the practice of law
   ii. assisting a non-lawyer to engage in the unlicensed practice of law
2. a lawyer who admitted in one jurisdiction that practices in another is subject to the disciplinary rules of both jurisdictions

Question 2

When are non-lawyers allowed to practice

Answer 2

1. non-lawyers can practice where the professional judgment of a lawyer is not needed
   i. lawyer activities:
   a. appear in court, take depositions, and negotiate settlements on behalf of a client
   b. drafting contracts or wills
   c. counseling specific individuals (ex. on legal tax implications of conduct)
   d. e.g software that prepares petitions is UPL
   i) Anything beyond the capacity and knowledge of laypersons.

ii. lay activities:
a. filling in blanks on form contracts
b. preparing tax returns
c. disseminating information to the general public

Question 3

Judges, law students

Answer 3

2. judges may not practice law

3. law students may not represent clients unless authorized by and under the supervision of a licensed attorney

Question 4

sharing fees with non-lawyers

Answer 4

4. lawyers may not practice with or share fees with a non-lawyer
   i. bar: lawyers can delegate legal tasks to non-lawyers, but must supervise the work and is responsible for it

Question 5

Reciprocal bar admissions

Answer 5

1. some states allow reciprocal bar admissions on motion, but not CA

Question 6

Temporary multi-jurisdictional practice, foreign lawyers, CA rule on free legal aid providers.

Answer 6

1. lawyer admitted to practice in one state, and not disbarred or suspended in any state, can practice temporarily in another state IN FOUR SITUATIONS :
   i. by associating with local lawyer who actively participates
   ii. Pro hac vice
   iii. ADR (mediation or arbitration) if the ADR proceedings arise out of or are reasonably related to her practice in her home state
   iv. for any reason if out-of-state practice is reasonably related to her home-state practice

• Foreign lawyers can also practice under the same situations, OR if the services are governed primarily by international law or the law of a foreign jdxn.
  iii. foreign lawyers are subject to stricter standards than lawyers from different states (ex. when seeking pro hac vice admission)

iv. CA: foreign lawyers are not permitted to practice as LAWYERS in CA even temporarily. They can only practice as foreign legal consultants on international law.

3. CA treats litigators and transactional lawyers same as ABA, but legal service attorneys (free legal aid) from a different state differently
   i. may work without passing the Bar or MPRE for up to 3 years
   ii. must be closely supervised by CA lawyer
   a. must register with CA State Bar, pay annual dues, and comply with character, educational, and disciplinary requirements
   iii. not eligible if the attorney failed the CA bar within 5 preceding years

Question 7

Permanent multi-jurisdictional practice

Answer 7

1. a lawyer admitted a US or foreign jx (not disbarred or suspended) may open a law office and establish a practice in a different jx if the lawyer is employed by their only client
   i. i.e. in-house or gov’t lawyers
   ii. must still seek pro hac vice admission to litigate a matter in that state
   iii. foreign lawyers practicing on this basis must consult with a local lawyer before advising clients on any US law
   iv. cannot represent other individuals in the organization

CA also allows it, but must register with CA bar, pay dues, and comply with character, educational, and disciplinary requirements.

2. these lawyers are subject to the foreign jx’s client security assessments and continuing legal education requirements
3. in rare cases, federal or local law authorizes a lawyer to practice one branch of law (ex. patent law) in a state in which the lawyer is not admitted

Question 8

Pending practice admissions

Answer 8

2. pending practice admissions
   i. ABA: a lawyer admitted in any jurisdiction who is in good standing in all admitted jurisdictions may practice for 365 days while seeking admission in a new jurisdiction if
   a. associates with a local lawyer who actively participate and
   b. meets experience requirements (5 years of practice, never failed new jx’s bar exam)

ii. CA does not have this rule- more restriction on out of state lawyers

Question 9

Consultants vs temporary multi jurisdictional practitioners

Answer 9

3. distinguish consulting (providing advice to out-of-state lawyers) and out-of-state practice (appearing in court, contact with opposing counsel, etc.)
   c. Regulated foreign consultants limited on advising on their home jurisdiction