Ethics: Multijurisdictional Practice, UPL and MDP – Defining What Lawyers Do and Where They Can Do It

Originally presented:  April 16, 2019     |     Course length:  3.0 hours

Popular CLE presenter Tom Spahn returns to deliver another engaging ethics program. This practical program uses hypotheticals to explore important issues involving the legal profession, including multijurisdictional practice (MJP), unauthorized practice of law (UPL), and multidisciplinary practice (MDP). Topics include:

• The definition of “practicing law,” and what exceptions apply.
  
• Whether self-help books and online services such as LegalZoom® constitute the “practice of law.”
  
• Where the line is drawn between permissible and impermissible actions by paralegals.
  
• Whether lawyers should be allowed to employ or partner with non-lawyers in providing legal services or non-legal services.
  
• Whether non-lawyers should be allowed to own a minority or majority interest in a law firm.
  
• The effect of lawyers practicing law in states where they are not licensed.
  
• The permissibility of lawyers giving advice about the law of states where they are not licensed.
  
• The ability to practice “virtually” in other states.
  
• Litigators’ ability to be admitted in another state’s courts.
  
• Permissible temporary practice by lawyers in states where they are not licensed (in both the litigation and the transactional context).
  
• The rules governing lawyers moving permanently to another state.
  
• The ability of lawyers not licensed in the state where they practice to represent clients before federal agencies, in federal court and in matters involving federal law.
  
• Limitations on in-house lawyers practicing in states where they are not licensed.
  
• The ability of foreign lawyers to practice in the United States.
  
• And more.
  

– Thomas E. Spahn; McGuireWoods LLP; Tysons Corner, Virginia