Your Bar License Is Trapped in the 20th Century. Or Is It? Multi-Jurisdictional Rules & Proposed Changes

Bar license regulations and rules were devised in another era and power rests primarily with the states to modify them. Lawyers get barred in one state and cannot practice in another state without an exception, temporary permission, or reciprocity—all a hassle to navigate. In the last decades, increasingly clients and lawyers have begun to ask why, and many have answered. Speakers will give an overview of the movement to change Rule of Professional Conduct 5.5 on multi-jurisdictional practice and the unauthorized practice of law, lay out ways to make your bar license as mobile as possible, discuss the perils of advertising the ethics rules have created, and try their best to predict where the train is heading. This will be a lively discussion with very current, in-flux information.

Learning Objectives:

Get a deeper understanding of the rules around where and how one practices, and how to navigate them
Learn the importance of RPCs 5.5 and 8.5, choice of laws
Grasp the patchwork of lawyer marketing rules across the states and perils hidden there
Get the scoop on proposed changes to RPC 5.5 and responses from states and organizations

Topics covered include:

Legal Ethics Law Practice Legal Industry Trends

Agenda:

Introductory Overview

Brief introduction of the presenters and their organizations
Statement of topics to be covered and anticipated take-aways

History of RPC 5.5
Responses From the States on Proposed 5.5 Changes
Predictions As to Where 5.5 Is Going
Where Lawyers Can Practice Now

Temporary
Permanent

Intersection of 5.5 and 8.5 (Choice of Law)
Maximizing Versatility in Your Law License
Where You Can Safely Market Your Practice
MJP and UPL Issues in Law Firm Business Development
Bar Reciprocity
Discipline From Multiple States/Entities
Status of 5.5. Working Group
Recent Opinions
Questions & Answers

Duration of this webinar: 60 minutes

Originally broadcast: July 10, 2024 11:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

Charity Anastasio and Micah Buchdahl are introduced as the speakers, with backgrounds in ethics and law marketing. The webinar will focus on multi-jurisdictional practice rules, particularly Rules 5.5 and 8.5. Micah notes the increasing relevance of these rules due to business development efforts across state lines.

05:22 Multi-Jurisdictional Practice Challenges

The complexity of multi-jurisdictional practice is highlighted, with rules varying by state and often defined by case law. Lawyers face challenges in expanding their practice across state lines due to inconsistent definitions of legal practice. The pressure to modernize and meet client expectations conflicts with outdated rules. Rule 5.5's slow evolution is noted, with few states making significant changes despite ongoing discussions. The Association of Professional Responsibility Lawyers has proposed updates, but progress remains limited.

10:51 Case Studies and State Variations

State variations in Rule 5.5 implementation create challenges for lawyers practicing across jurisdictions. Case studies illustrate the consequences of unauthorized practice, such as a Minnesota case leading to suspension. States like Arizona are more flexible, while others like Florida are restrictive, reflecting economic and territorial concerns. The Utah Sandbox and Arizona's non-lawyer ownership rules are examples of innovative approaches. Despite some progress, inertia and protectionism hinder widespread change in multi-jurisdictional practice rules.

26:15 Regulatory Changes and Exceptions

Recent regulatory changes allow more flexibility for lawyers practicing across state lines without a physical office. Pandemic-driven exceptions have led some states to permanently relax rules on virtual practice. Pro hac vice and admission by motion offer temporary solutions, but requirements vary by state. Exceptions exist for in-house counsel, military spouses, and pro bono work, reflecting diverse state approaches. Choice of law clauses in fee agreements can help lawyers navigate multi-jurisdictional practice complexities.

47:03 Marketing and Ethical Considerations

Marketing strategies must consider multi-jurisdictional practice rules to avoid unauthorized practice of law (UPL). Digital advertising campaigns should align with the firm's licensed jurisdictions to prevent ethical violations. Large firms like Morgan and Morgan influence market dynamics, challenging smaller firms to adapt. Compliance with state-specific advertising rules is crucial, since competitors often monitor for violations. Reciprocity and trust account issues add complexity to multi-jurisdictional practice, requiring careful management.

56:51 Practical Advice and Future Outlook

Multi-jurisdictional practitioners need robust succession plans due to limited support from non-licensed states. Living in a state without practicing its law remains challenging, but careful presentation can mitigate risks. Reciprocity and UBE offer pathways for practice expansion, though they involve complex requirements. Limited scope representation rules vary by state, affecting how lawyers can assist clients without full representation. Ethics opinions and state-specific rules require constant vigilance to ensure compliance and avoid grievances.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 Legal Ethics

Earn Credit Until: June 30, 2026

South Carolina CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

Difficulty: All Levels

Earn Credit Until: December 31, 2025

North Carolina CLE

Status: Approved

Credits: 1.00 Ethics

Earn Credit Until: February 28, 2026

Texas CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

Earn Credit Until: June 30, 2025

This presentation is approved for one hour of Legal Ethics CLE credit in California, one hour of Legal Ethics/Professional Responsibility CLE credit in South Carolina (all levels), 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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Speakers

Charity Anastasio Practice and Ethics Counsel
The American Immigration Lawyers Association

Charity Anastasio is Practice and Ethics Counsel for the American Immigration Lawyers Association’s Practice and Professionalism Center in Washington D.C. She received her JD from Seattle University School of Law in 2007 and opened a solo practice in 2008 focusing on estate planning, probate, and family law. In 2013 she joined the Washington State Bar Association’s Law Office Management Assistance Program. In 2015 she became the Director of Profession and Practice Advancement at the Maryland State Bar Association, where she oversaw Law Office Management Assistance and member benefits for a year and a half. In 2017 she joined AILA. Charity advises members on ethics and practice management issues through one-on-one consultations, publications, and presentations, and collaborates with several committees and interest groups. She is a member of the ABA Law Practice Division, was named an ABA 2020 Women in Legal Tech Honoree, and a 2024 V|Lex/Fastcase 50. Read More ›

Micah Buchdahl Attorney
HTMLawyers

Micah U. Buchdahl is a Pennsylvania-licensed attorney assisting law firms with business development initiatives. Based in Moorestown, NJ, he is president of HTMLawyers, Inc., a law marketing consultancy. Micah is known for his ethics counsel as it pertains to law marketing, advertising, and compliance. He is a member of the Association of Professional Responsibility Lawyers and a past chair of the ABA’s Law Practice Division. Micah attended Temple University both as an undergraduate (B.A., journalism) and for law school (J.D., 1991).