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Prof Responsibility • Duty to Profession
PR#066
Legal Definition
(1) Practicing law without a license; (2) licensed attorneys who practice law in other states where they are not licensed; and (3) practicing law with a suspended license or when disbarred.
Plain English Explanation
This should be pretty obvious: to practice law, you must have an active license in the state where you are practicing law.
Careful, law students! You aren't lawyers yet, even if your friends have legal questions.
Careful, law students! You aren't lawyers yet, even if your friends have legal questions.
Hypothetical
Hypo 1: Bob has not passed the bar exam yet, but he starts giving legal advice to Sam about how to handle a contract dispute. He even drafts a legal letter for Sam to send to the other party. Result: Bob is practicing law without a license, which is unauthorized. Even though he knows some law, he isn’t allowed to act as a lawyer until he is officially licensed.
Hypo 2: Bob is a licensed attorney in Nevada. Sam, who lives in California, asks Bob for legal help in a lawsuit there. Bob agrees and represents Sam in court without getting permission from California’s courts. Result: Bob is practicing law in a state where he isn’t licensed, which is unauthorized. He should have either obtained special permission from the court or referred Sam to a licensed California attorney.
Hypo 3: Bob was a licensed attorney but recently had his license suspended for misconduct. Despite this, he continues to work on Sam’s case and even goes to court for him. Result: Bob is practicing law with a suspended license, which is not allowed. He cannot resume practicing law until his license is reinstated.
Hypo 4: Amy (who is not a lawyer) and Sam are friends. Sam asks Amy for casual advice about what kind of lawyer he should hire for his real estate issue. Amy, over coffee, tells Sam generally what types of lawyers might help. Result: Amy is not engaging in unauthorized practice because she is not giving specific legal advice or representing Sam in any way—she’s simply offering a personal opinion on what kind of lawyer Sam might need.
Hypo 5: Bob, who lost his license permanently, is hired by a law firm to work as a paralegal, where he drafts documents for other lawyers but does not interact with clients or offer legal advice. Result: This might be allowed under certain conditions, but Bob would need strict supervision, and any legal work he does should be reviewed by a licensed attorney. If Bob steps outside these bounds, it could be considered unauthorized practice.
Hypo 2: Bob is a licensed attorney in Nevada. Sam, who lives in California, asks Bob for legal help in a lawsuit there. Bob agrees and represents Sam in court without getting permission from California’s courts. Result: Bob is practicing law in a state where he isn’t licensed, which is unauthorized. He should have either obtained special permission from the court or referred Sam to a licensed California attorney.
Hypo 3: Bob was a licensed attorney but recently had his license suspended for misconduct. Despite this, he continues to work on Sam’s case and even goes to court for him. Result: Bob is practicing law with a suspended license, which is not allowed. He cannot resume practicing law until his license is reinstated.
Hypo 4: Amy (who is not a lawyer) and Sam are friends. Sam asks Amy for casual advice about what kind of lawyer he should hire for his real estate issue. Amy, over coffee, tells Sam generally what types of lawyers might help. Result: Amy is not engaging in unauthorized practice because she is not giving specific legal advice or representing Sam in any way—she’s simply offering a personal opinion on what kind of lawyer Sam might need.
Hypo 5: Bob, who lost his license permanently, is hired by a law firm to work as a paralegal, where he drafts documents for other lawyers but does not interact with clients or offer legal advice. Result: This might be allowed under certain conditions, but Bob would need strict supervision, and any legal work he does should be reviewed by a licensed attorney. If Bob steps outside these bounds, it could be considered unauthorized practice.
Visual Aids
