The practice of law comes in many forms and sizes. It may include giving advice about a legal right, representing a client in a legal proceeding, preparing legal documents, and negotiating on a client’s behalf. Yet what all these acts have in common is that you must have state authorization to so act. You face
Ohio considers rule change to allow practice while lawyers wait to “waive in”
Although I love my home state of Ohio, I have to acknowledge that we are not often in the avant-garde when it comes to legal ethics. After all, Ohio was one of the last jurisdictions in the Union to adopt the Model Rules of Professional Conduct (2007). But last week, the Ohio Supreme Court put
Unauthorized practice for 18 years in RI draws suspension in MA
Out of Massachusetts comes a disciplinary opinion illustrating (again) the multiple consequences that can come from the unauthorized practice of law. In this one, however, the twist is that two brothers were involved — and they apparently got away with their UPL for 18 years.
Practicing in the Ocean State
The two brothers were licensed
Snow-bird lawyers should be aware of limits on practice from second home
It’s cold outside, baby! At least it is here in northeast Ohio. If you live in the frozen north, you might be lucky enough to have a winter home in a more weather-friendly state where you spend part of your time. What if you want to do legal work from there while enjoying the sunshine
Virtual law offices OK’d, but unauthorized practice issues linger
Practicing law out of a “virtual law office” (“VLO”), without being tied to the overhead expense of a brick-and-mortar facility, is increasingly attractive to lawyers in many stages of their careers: junior lawyers hanging out their shingles in a tough market; senior lawyers who want to keep practicing, but in a flexible format; and mid-career
LinkedIn profile helps draw bar discipline in two states for lawyer who wasn’t licensed
I love LinkedIn, but here’s a potential hazard — what you say there can and will be used against you if you’re engaged in the unauthorized practice of law.
A Colorado lawyer found that out the hard way: he was suspended in Pennsylvania for a year, and got the same discipline in Colorado,
Ethics opinion nixes use of verein names in TX, but firms say “Business as usual.”
As we’ve predicted before, the increasing globalization of high-level legal practice continues to create questions about forms of legal practice – in particular, vereins, a structure aimed at letting firms based in different countries operate under a unified brand. Mega-firms Fulbright & Jaworski and Dentons have faced motions to disqualify centered on structural issues, and now a Texas ethics opinion issued last month questions whether lawyers in the Lone Star state can use a verein name on pleadings.
Continue Reading Ethics opinion nixes use of verein names in TX, but firms say “Business as usual.”
Out-of-state lawyer disciplined for e-mail negotiations; no safe harbor from unauthorized practice, says MN court
Has your mother-in-law ever asked you for legal help? Giving legal advice to family members can be challenging for lots of reasons — but it comes with the territory when you have a law license. A Colorado lawyer, however, recently got into disciplinary trouble for helping his Minnesota in-laws in a small collection matter. In a badly flawed decision, the Minnesota Supreme Court decided that he’d engaged in the unauthorized practice of law.
Continue Reading Out-of-state lawyer disciplined for e-mail negotiations; no safe harbor from unauthorized practice, says MN court
Florida district court rules it lacks jurisdiction to determine unauthorized practice charge
In a puzzling ruling handed down on May 25, a Florida district court judge ruled that the court lacked jurisdiction to address whether a Massachusetts lawyer who appeared on behalf of his defendant client at a Florida mediation was engaging in the unauthorized practice of law.
Continue Reading Florida district court rules it lacks jurisdiction to determine unauthorized practice charge
“Good … luck sweetie” letter, unauthorized practice, draw discipline complaint
Be aware of your jurisdiction’s limits on what a “retired” lawyer can and cannot do, and obey them — or risk being tagged for the unauthorized practice of law. And, oh yeah — communicate politely. That’s a dual lesson a lawyer in Illinois may be about to learn, according to a disciplinary complaint filed in