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Lawyer as Road Warrior: Which Ethics Rules Should I Follow? (Online Course) |
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This program is based on the idea that the practice of law crosses both physical and virtual state lines. A lawyer who is practicing in a state where he or she is not licensed has to engage in a two-step analysis to ensure compliance with ethics rules. This involves:
- An examination of whether the conduct constitutes the unauthorized practice of law under the relevant version of ABA Model Rule of Professional Conduct (M.R.) 5.5 (non-licensing state) and
- A determination of which jurisdiction's ethics rules to follow under the relevant version of M.R. 8.5.
The panel discusses the consequences that may ensue as a result of a finding that a practitioner engaged in the unauthorized practice of law (e.g., no fees awarded, pleading is null and void, attorney-client privilege may not attach).
Additionally, they discuss a "federalism" case that arose in California, as well as California's version of the unauthorized practice rule, including how it differs from the ABA's Model Rule. A series of labor law scenarios depicting an attorney traveling across state lines to explore whether and/or when that attorney had likely engaged in the unauthorized practice of law are also examined.
Lastly, there is a discussion of M.R. 8.5, disciplinary authority, and choice of law. Once an attorney has determined that his or her conduct in a particular jurisdiction does not constitute the unauthorized practice of law, it is still necessary to determine which jurisdiction(s) would assert disciplinary authority over the conduct, and which jurisdiction's ethics rules to follow.
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