Regulation of the Legal Profession
Sources of authority
MPRE questions here test who regulates lawyers and how far a license reaches. The ABA Model Rules bind only as adopted by a jurisdiction's highest court; numbering and text vary by state, and discipline is administered by the court through bar authorities. Under Model Rule 8.5, a lawyer is subject to the ethics rules of the jurisdiction where the conduct occurs, and to the tribunal's rules for conduct connected with a matter pending before it.
Rule 5.5 - unauthorized practice
A lawyer admitted in one state may not establish an office, hold out as admitted, or practice law in another. The recognized exceptions:
- Pro hac vice: temporary admission for a particular case, usually with local counsel.
- Temporary practice under 5.5(c): services arising out of or reasonably related to the lawyer's practice where admitted; services with an admitted lawyer in a matter pending before a tribunal; ADR proceedings; and other temporary services per local rule.
- Registered in-house counsel: a lawyer employed by a single corporate employer may practice if registered with the local bar.
A lawyer also may not assist a nonlawyer in the unauthorized practice of law (5.5(b)) - think of a partnership with a nonlawyer-owned document-preparation service.
Traps
Candidates assume the Model Rules are self-executing, assume a lawyer may never work across state lines, and assume in-house counsel need no registration. Rule 5.5 binds lawyers, not only nonlawyers.
Worked example
A lawyer admitted only in State A, practicing there, travels to State B to negotiate one contract for a State A client. That is permitted temporary practice under 5.5(c)(1). Opening a State B office and advertising for State B clients would violate 5.5(a).
Rule of thumb: ask three questions - where is the lawyer admitted, where is the conduct, and does an exception fit?