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Ethical Considerations of Multijurisdictional Practice

 

Practicing law outside of your jurisdiction can have legal and ethical consequences if it is not done correctly.

Learn and understand how to properly practice law outside of your jurisdiction.Transactional lawyers, house counsel, and attorneys with transient or multistate clients are among the many lawyers who find themselves providing legal services or offering legal advice outside their licensed jurisdiction(s). If your client is in multistate ADR, or is defending an out-of-state lawsuit, or is purchasing foreign real estate, or has a security interest out-of-state, or is called away to testify, you may become embroiled in legal affairs beyond your license. If you are not admitted in the foreign jurisdiction, you may be engaging in the unauthorized practice of law, exposing yourself to criminal, as well as disciplinary, sanctions.
This information will help you decide how to handle your out-of-state lawyering. Learn to determine whether your activity constitutes the practice of law in a second jurisdiction, and if so, how to avoid problems. It may be advisable to appear pro hac vice, to substitute local counsel, or, perhaps, to become barred in that state. Focusing on the ABA's Model Rule 5.5 (Unauthorized Practice of Law) in addition to the New Jersey rule), we consider how to avoid or handle the problems that arise when our practices cross state lines.

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Ethical Considerations of Multijurisdictional Practice

Agenda

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Ethical Considerations of Multijurisdictional Practice

Faculty

Marc D. Garfinkle

Marc D. Garfinkle

Law Office of Marc Garfinkle

  • Sole practitioner of the Law Office of Marc Garfinkle
  • Practice focuses on ethics and discipline, judicial conduct
  • Adjunct professor of law, Seton Hall University School of Law, Newark, NJ
  • Frequent consultant to print and electronic media outlets in matters of legal ethics
  • Author, Solo Contendere: How to Go Directly from Law School into the Practice of Law without Getting a Job, 3rd ed., ©2008, 2012 Solo Contendere Press
  • Regular ethics columnist for NJ Law Journal
  • J.D. degree, Hastings College of the Law; B.A. degree, Marietta College
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Ethical Considerations of Multijurisdictional Practice

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