This program will explore the parameters of Model Rule 5.5 of the Rules of Professional Conduct. We will discuss the ways that attorneys engage in the unauthorized practice of law, how to avoid such issues, and how the rule may be amended in the future.
- Introductory Overview
- Brief introduction of the presenter and his organization
- Statement of topics to be covered and anticipated takeaways
- Summary of RPC 5.5 Unauthorized Practice of Law
- Understanding the Basic Premise of the Rule
- How do lawyers engage in UPL under 5.5(a)?
- In re Jeanette Conrad, 2014PR00063 (9/21/15)
- In re Maurice Salem, 2016PR00043 (1/29/19)
- Assisting in the Unauthorized Practice of Law
- In re Jeffrey John Aleman, 2012PR00058 (6/4/12)
- In re Thomas George Macey, 2012PR00057 (6/5/12)
- Connection to RPC 8.5 Choice of Law Rule
- Analyzing Subparagraph 5.5(b)
- Continuous and systematic presence
- Holding oneself out as authorized to practice
- Exceptions to the General Rule — Safe Harbors for Temporary Practice
- Prerequisites for exceptions to apply
- Four safe harbors
- Local Counsel
- Expectation of authority to practice
- ADR matters
- Catch-all — relationship to home state practice
- House Counsel Rule — Rule 5.5(d) and (e)
- Requirements for attorney application
- Nexis with Sperry v. FL
- Additional limitations on House Counsel practice
- Proposals To Modify 5.5
- The APRL recommendations
- The ABA response
- What the future holds
- Questions & Answers (as time permits)
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Status: Approved
Credits: 1.00 Legal Ethics
Status: Approved
Credits: 1.00 Ethics
Status: Approved
Credits: 1.00 Legal Ethics/Professional Responsibility
This presentation is approved for one hour of Legal Ethics CLE credit in California, and one hour of Ethics CLE credit in North Carolina. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours, of which 1.00 credit hours will apply to Legal Ethics/Professional Responsibility credit.
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Cook County Clerk's Office
Scott Kozlov is currently the Chief Ethics Officer and Legal Counsel for Cook County Clerk’s Office, where he oversees ethics and compliance efforts, policy enforcement, and investigations of statutory and ordinance violations, among other legal matters. From 2000-2020, he was counsel with the Illinois Attorney Registration and Disciplinary Commission (“ARDC”), investigating and prosecuting hundreds of attorney misconduct matters, assisting in drafting Supreme Court Rule amendments, presenting at attorney ethics seminars, and participating in public outreach programs. Read More ›