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Unauthorized Practice of Law Question

If I am a lawyer located in State A and barred in State A an vespucius04/22/18
For the most part, if you are in state A and barred in state midlaw04/22/18
It depends. If the matter pertains to YOUR state, you ca patenttrollnj04/22/18
See that looks like the general rule. But I know that some vespucius04/22/18
That's why we have Lexis and Westlaw. But consider what patenttrollnj04/23/18
If you are in State A, you can comment on Sate A law and fed lolwutjobs04/22/18
@lolwutjobs, that is not a universally accurate statement. birdbirdbird04/22/18
Most things are hardly universal. In what way is it inaccura lolwutjobs04/23/18
Note that the definition of unauthorized practice of law var dingbat04/23/18
I always struggle with this. One of my clients is in Stat sillydood04/25/18
Exactlym... vespucius04/25/18
vespucius (Apr 22, 2018 - 4:44 pm)

If I am a lawyer located in State A and barred in State A and I am working on issues of a national or multi national scope, and the potential clients are located in different states, can I consult with these individuals or assist these individuals in a professional capacity if;

a) the issues do not and will not involve court proceedings with me, but might involve non-court ADR before a state or federal regulatory tribunal, and could involve state or federal court or regulatory proceedings or ADR if the client chose to do that;
b) the matters certainly relate to federal law; and
c) the matters could relate to state law?

I am thinking of some of these mass tort lawyers who sign up victims in all 50 states and file lawsuits in a particular state court.

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midlaw (Apr 22, 2018 - 5:18 pm)

For the most part, if you are in state A and barred in state A, you can work on anything for anybody. There may be wrinkles, but I don't see any problem or potential problem here.

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patenttrollnj (Apr 22, 2018 - 5:36 pm)

It depends.

If the matter pertains to YOUR state, you can represent a client located elsewhere.

If the matter pertains to a state you are NOT barred in, you cannot.

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vespucius (Apr 22, 2018 - 6:41 pm)

See that looks like the general rule. But I know that some of these situations must be really damn complicated.

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patenttrollnj (Apr 23, 2018 - 10:20 am)

That's why we have Lexis and Westlaw.

But consider what court would ultimately hear any complaint arising from the legal work. Can you appear before that court? If yes, take the case.

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lolwutjobs (Apr 22, 2018 - 10:27 pm)

If you are in State A, you can comment on Sate A law and federal law. If you are not in State B, you cannot comment or give advice on State B law

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birdbirdbird (Apr 22, 2018 - 11:56 pm)

@lolwutjobs, that is not a universally accurate statement.

Unfortunately, there is no simple answer here. It depends on the nature of the legal services at issue, the multi-state practice of law rule of the foreign state, and whether you are working in conjunction with local/co-counsel.

For most states, it can be done properly and legally. But you need to be careful, closely analyze the rule, and diligently apply it to your situation. Don’t cut corners with this cause it can you your license.

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lolwutjobs (Apr 23, 2018 - 11:33 am)

Most things are hardly universal. In what way is it inaccurate?

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dingbat (Apr 23, 2018 - 9:13 am)

Note that the definition of unauthorized practice of law varies from state to state.

Generally speaking, if it involves going before a tribunal of any sort, you should look to get admitted pro hac vice or retain local counsel.
Generally speaking, if it involves state law, and particularly filing anything with the state, it's a good idea to retain local counsel to play it safe

In my experience it's easy enough to find a license for hire - someone willing to be the local counsel for a small fee. Cheap enough to avoid having any issues

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sillydood (Apr 25, 2018 - 12:55 pm)

I always struggle with this.

One of my clients is in State A. I'm licensed in State A. But client does business in several states, none of which I'm licensed in. I routinely have to give them advise about these other states, and it's simply impractical for the client to retain local counsel for every little issue that comes up. It's just providing advice, and does not involve appearing in court of filing anything in court.

Under the UPL law for State A, I am obvioulsy not engaged in UPL. But I always wonder if there's some exposure with the other states. I've yet to see a clear, definitive answer for this situation.

Everyone knows you can't show up in court without being admitted in that state, but the real-life practice of law is far more complicated that that.

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vespucius (Apr 25, 2018 - 8:36 pm)

Exactlym...

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