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Questions and Answers
What is required for a foreign lawyer to provide legal advice in the United States?
What is required for a foreign lawyer to provide legal advice in the United States?
Which statement is true regarding the employment of paraprofessionals by lawyers?
Which statement is true regarding the employment of paraprofessionals by lawyers?
Under what condition can a lawyer practice law in a jurisdiction where they are not admitted?
Under what condition can a lawyer practice law in a jurisdiction where they are not admitted?
What does Rule 5.3 pertain to?
What does Rule 5.3 pertain to?
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What does paragraph (b)(1) of the rule suggest about non-admitted lawyers?
What does paragraph (b)(1) of the rule suggest about non-admitted lawyers?
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Which role do lawyers have in assisting nonlawyers who wish to proceed pro se?
Which role do lawyers have in assisting nonlawyers who wish to proceed pro se?
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Which of the following is NOT a requirement for a lawyer to provide services in a foreign jurisdiction?
Which of the following is NOT a requirement for a lawyer to provide services in a foreign jurisdiction?
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What is one potential consequence for a lawyer establishing a systematic presence in a jurisdiction where they are not admitted?
What is one potential consequence for a lawyer establishing a systematic presence in a jurisdiction where they are not admitted?
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Which of the following actions does a lawyer admitted in another jurisdiction NOT allowed to do in a new jurisdiction?
Which of the following actions does a lawyer admitted in another jurisdiction NOT allowed to do in a new jurisdiction?
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What is required for a lawyer from another jurisdiction to provide temporary legal services in a new jurisdiction?
What is required for a lawyer from another jurisdiction to provide temporary legal services in a new jurisdiction?
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Which of the following is true regarding a lawyer's capability to practice across jurisdictions?
Which of the following is true regarding a lawyer's capability to practice across jurisdictions?
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What does Rule 5.5(a) specifically prohibit a lawyer from doing?
What does Rule 5.5(a) specifically prohibit a lawyer from doing?
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Under what conditions may a foreign lawyer provide legal services in a new jurisdiction?
Under what conditions may a foreign lawyer provide legal services in a new jurisdiction?
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What is necessary for services related to a pending proceeding in a new jurisdiction?
What is necessary for services related to a pending proceeding in a new jurisdiction?
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Which of the following can a lawyer who is not disbarred or suspended do?
Which of the following can a lawyer who is not disbarred or suspended do?
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What constitutes a violation of Rule 5.5(b)?
What constitutes a violation of Rule 5.5(b)?
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Study Notes
Unauthorized Practice of Law
- A lawyer cannot practice law in a jurisdiction where they are not licensed to do so, nor can they assist someone else in doing so.
- Lawyers who are not admitted to practice in a jurisdiction cannot establish an office or maintain a continuous presence there.
- Lawyers who are not admitted to practice in a jurisdiction cannot hold themselves out as being admitted to practice in that jurisdiction.
Temporary Practice in a Jurisdiction
- A lawyer admitted in another jurisdiction, who is not disbarred or suspended can provide legal services on a temporary basis in a jurisdiction they are not admitted to practice in, under certain conditions:
- They must work with a lawyer who is admitted to practice in the jurisdiction where the services are being provided.
- The services must be related to a pending or potential proceeding (legal case) in the jurisdiction or another jurisdiction, and they or someone they are assisting must be authorized or expect to be authorized to appear in that proceeding.
- The services can also be related to pending or potential arbitration, mediation, or other dispute resolution outside of formal court proceedings, as long as the services arose from their practice in a jurisdiction they are admitted in, and the jurisdiction doesn't require pro hac vice admission (temporary permission to practice law).
- If the services aren't covered in the above two points, they can be provided if they are related to the lawyer's practice in a jurisdiction where they are admitted to practice.
Out-of-State Lawyers Establishing an Office
- Lawyers from other jurisdictions, or foreign lawyers, who are not disbarred or suspended can provide legal services through an office or a continuous presence in a jurisdiction if:
- The services are provided to their employer or their employer's affiliates, the services don't require pro hac vice admission, and if the lawyer is foreign, advice about the law of the jurisdiction or the U.S. is based on advice from a licensed lawyer in that jurisdiction.
- The services are authorized by federal or other law or rule.
- For foreign lawyers, they must be a member in good standing of a recognized legal profession in a foreign jurisdiction, admitted to practice as lawyers or counselors at law.
- For in-house counsel from a foreign jurisdiction, the practice must be authorized by the highest court of the jurisdiction they are practicing in.
Other Notes on Practice
- This rule doesn't prohibit lawyers from employing paraprofessionals and delegating tasks to them, as long as the lawyer supervises the work and maintains responsibility for it.
- A lawyer can provide professional advice and instruction to non-lawyers whose job requires knowledge of the law.
- Lawyers can assist independent non-lawyers, such as paraprofessionals, who are authorized to provide particular law-related services.
- A lawyer can counsel non-lawyers who wish to represent themselves in a legal matter (pro se).
- If a lawyer is not admitted to practice in a jurisdiction, they cannot establish an office or continuous presence there, even if they are not physically present.
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Description
Test your knowledge on the rules surrounding the unauthorized practice of law and temporary practice in various jurisdictions. Understand the restrictions and conditions under which lawyers can operate outside their licensed areas. This quiz will help solidify your understanding of legal ethics and standards.
