Many attorneys, including transactional lawyers representing clients in business deals and contracts, trial attorneys participating in litigation, in-house lawyers representing their companies, and government lawyers representing agencies, work in some capacity across state lines where they are not licensed to practice law. And since the onset of the pandemic, more attorneys practice law remotely from locations where they are not licensed. In this webinar, a professor and notable scholar in the area of professional responsibility will discuss the situations involving legal work in multiple jurisdictions that may constitute the unauthorized practice of law under ethics rules for lawyers. The Model Rules of Professional Conduct relating to the unauthorized practice of law and the related exceptions are often opaque in application, and state rules in this area are not uniform, often leading to different results. Topics to be considered in this ethics webinar include:
• The ability of transactional counsel to work on deals and contracts outside their licensed jurisdiction
• Limits on the ability of litigation counsel to participate in litigation outside their licensed jurisdiction
• Limits on the ability in-house counsel to represent their companies in multiple jurisdictions and the related issue of when in-house counsel are acting in business verses attorney roles
• The extent to which government agency attorneys are permitted to represent their agencies on matters in different jurisdictions where they are not licensed
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