In this episode of Remotely Ethical we discuss what happens when a lawyer moves to another state and starts practicing law, before getting admitted to the bar.
In this episode we address:
- A recent Oregon Supreme Court decision, In re Harris, which concluded that an out-of-state lawyer who moved to Oregon and applied for admission was not engaged in the unlicensed practice of law, but was covered by the state's temporary practice rule.
- Even though New York has a temporary practice rule, which you can find here, it is unclear whether a New York court would find this conduct to qualify as temporary practice.
- What out-of-state lawyers who move to New York can do to minimize the risk of UPL, including:
- promptly applying for admission
- being supervised by a New York lawyer
- not "holding out" as a New York lawyer
- accurately describing one's jurisdictional limitations on all communications, including email signature lines, letterhead, websites, social media, etc.
Watch more episodes of Remotely Ethical on our YouTube channel.