Part of the sabbatical life is being free of daily office visits. That doesn’t mean I don’t talk to lawyers and others seeking advice daily. It’s just that often I’m in a car, truck or airplane, on a beach or on the side of a mountain or highway in running shoes or on a bicycle when the phone rings. This past year I may have engaged in the unauthorized practice of law in 10 or more states this way. In most states, the unauthorized practice of law is a crime. In some, it’s a felony. A guy might start to worry.

Thus, I was surprised, and thrilled, when the CBA ethics solons issued Opinion 18-02 covering interstate “federal” practice last year. The decision goes way beyond existing interpretations of the law and pretty much throws out lex loci as a review consideration for unauthorized practice of law (UPL) analysis. Let me explain.

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