Lawyers have to stay on the straight and narrow to avoid legal malpractice, fee disputes and breaching the applicable rules of professional conduct. The unauthorized practice of law and the professional misconduct that comes with it result inevitably in serious regulatory sanctions and civil liability exposure to legal malpractice claims and a judgment to return fees or not collect them in a fee action. In the context of multistate transactions, negative professional consequences can only be avoided by the heightened consciousness and care that means making sure that one is authorized to practice in the jurisdictions related to our professional services.
The applicable Codes of Professional Conduct for attorneys in the District of Columbia, Massachusetts, Connecticut and New York, by way of example, make the unauthorized practice of law impermissible. Pertinent to the foregoing is the preamble, common in the jurisdictions that have adopted these rules, which states:
The Rules of Professional Conduct … are rules of reason. They should be interpreted with reference to the purposes of legal representation and of the law itself. Some of the rules are imperatives, cast in the terms “shall”or “shall not.” These define proper conduct for purposes of professional discipline. Others generally cast in the term ‘may’, are permissive and define areas under the Rules in which the lawyer has professional discretion. No disciplinary action should be taken when the lawyer chooses not to act or acts within the bounds of such discretion.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
