Page 18 - MDPs - Chapter 14 - Multidisciplinayr Practice and Partnershps
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another jurisdiction against an entity that merely supplies information but is not involved in the
selection.41
Absent circumstances where the WSG or PSI becomes involved with clients directly, they would not violate
the unauthorized practice of law statutes and regulations.
[2] Multi-Jurisdictional Practice42— Unauthorized Practice by Lawyers43
John is admitted only in Kansas but spends at least 30% of his billable hours traveling to other
jurisdictions or advising on the law of other jurisdiction. Particularly the case in several states that have
patterned their agriculture laws after Kansas. He also represents a number of clients before various
boards, in particular, the Agricultural Department. Approximately 30% of his work comes from PSI, in
which he is listed as an expert in these areas.
John is regulated by the Kansas Bar Association because: (I) the state or local association has a vested
interest in protecting the public; (2) local rules or conditions may be unique; (3) the local professional
association may want to protect itself from outside professionals to assure a level or quality or
professionalism; and (4) some local professionals would like to limit competition in the jurisdiction.
Kansas’s rule 5.5(a) states that a lawyer must not practice law in a jurisdiction where doing so would
violate regulations of the profession in that jurisdiction. When John does practice in other jurisdictions,
Kansas could penalize John for his practice. These rules would seem to be in opposition to both clients’
interests (to have the best possible legal representation) and the objective of multidisciplinary practices
(ton use the best professional for the job). John is open to sanctions both in the state in which he is
practicing without a license and in Kansas. However, the bar has tended to ignore unauthorized practice
of law by attorneys from other jurisdictions, particularly corporate counse1,44 absent some egregious
circumstances.45
[3] Referral Fees46
Referral fees for work are suspect and viewed as unprofessional. In the case of the medical field, they can
be illegal.47 While the rules are very strict in the medical field, attorney rules have substantially changed
to permit advertising. The restrictions seem to be aimed at referral fees that are outright solicitation or
are fee splitting. States have their own statutes.
41 Lawyer’s Disciplinary Board v Allen, Coale & Van Susteren, No. 22700 (W.Va. Sup. Ct. 11/15/96).
42 Wolfram, Sneaking Around in the Legal Profession: Inter-jurisdictional Unauthorized Practice by Transactional Lawyers, 36 Tex. L.R. 715 (1995),
Sutton, Unauthorized Practice of Law by Lawyers: A Post-Seminar Reflection on 'Ethics and the Multijurisdictional Practice of Law” 36 Tex. L. Rev.
1027
43 The medical profession has the same unlicensed-practice issues as a result of the Internet. This is usually classified as a felony. The certification
process is required where the patient is physically located. The exception is consultation but is based upon infrequency. Given the Internet, there
are discussions mall states on perhaps redefining the licensing requirements to carve out a few additional exceptions.
44 The best example is that of in-house counsel who do practice in virtually every jurisdiction without any sanctions. The same result is generally
true for lawyers practicing in a different state. Vigil, Regulating In-house Counsel: A Catholicon or a Nosy 78 Marg. L. Rev., 307 (1994); Pull
admission Reciprocity Is In-house Lawyers’ Goal, 9 Laws. Man. on Prof. Conduct (ABA/BNA) Current Reports at 352 (1993).
45 “Standing alone, unauthorized practice out-of-state by an attorney in-state may not be considered sufficiently noteworthy to excite
prosecution efforts from disciplinary authorities in the lawyer’s home state.” Wolfram infra n 14 at 686.
46 7 Martin, Not So Fast, It’s Regulated — Some Warnings for the B-health Business, Bus. Law Today
(Sept./Oct. 2000); Braender and McCarthy-Perry, Making a Virtual House Call, Nat. L.J. Cl (Aug. 21, 2000); Meek, "Telemedicine: How an Apple
(or Another Computer) May Bring Your Doctors Goser," 29 Cumb. L. Rev, 173 (1999).
47 There is an anti-referral statute, 42 U.S.C. § 1320a-7(b), which pertains to Medicare and Medicaid
13
selection.41
Absent circumstances where the WSG or PSI becomes involved with clients directly, they would not violate
the unauthorized practice of law statutes and regulations.
[2] Multi-Jurisdictional Practice42— Unauthorized Practice by Lawyers43
John is admitted only in Kansas but spends at least 30% of his billable hours traveling to other
jurisdictions or advising on the law of other jurisdiction. Particularly the case in several states that have
patterned their agriculture laws after Kansas. He also represents a number of clients before various
boards, in particular, the Agricultural Department. Approximately 30% of his work comes from PSI, in
which he is listed as an expert in these areas.
John is regulated by the Kansas Bar Association because: (I) the state or local association has a vested
interest in protecting the public; (2) local rules or conditions may be unique; (3) the local professional
association may want to protect itself from outside professionals to assure a level or quality or
professionalism; and (4) some local professionals would like to limit competition in the jurisdiction.
Kansas’s rule 5.5(a) states that a lawyer must not practice law in a jurisdiction where doing so would
violate regulations of the profession in that jurisdiction. When John does practice in other jurisdictions,
Kansas could penalize John for his practice. These rules would seem to be in opposition to both clients’
interests (to have the best possible legal representation) and the objective of multidisciplinary practices
(ton use the best professional for the job). John is open to sanctions both in the state in which he is
practicing without a license and in Kansas. However, the bar has tended to ignore unauthorized practice
of law by attorneys from other jurisdictions, particularly corporate counse1,44 absent some egregious
circumstances.45
[3] Referral Fees46
Referral fees for work are suspect and viewed as unprofessional. In the case of the medical field, they can
be illegal.47 While the rules are very strict in the medical field, attorney rules have substantially changed
to permit advertising. The restrictions seem to be aimed at referral fees that are outright solicitation or
are fee splitting. States have their own statutes.
41 Lawyer’s Disciplinary Board v Allen, Coale & Van Susteren, No. 22700 (W.Va. Sup. Ct. 11/15/96).
42 Wolfram, Sneaking Around in the Legal Profession: Inter-jurisdictional Unauthorized Practice by Transactional Lawyers, 36 Tex. L.R. 715 (1995),
Sutton, Unauthorized Practice of Law by Lawyers: A Post-Seminar Reflection on 'Ethics and the Multijurisdictional Practice of Law” 36 Tex. L. Rev.
1027
43 The medical profession has the same unlicensed-practice issues as a result of the Internet. This is usually classified as a felony. The certification
process is required where the patient is physically located. The exception is consultation but is based upon infrequency. Given the Internet, there
are discussions mall states on perhaps redefining the licensing requirements to carve out a few additional exceptions.
44 The best example is that of in-house counsel who do practice in virtually every jurisdiction without any sanctions. The same result is generally
true for lawyers practicing in a different state. Vigil, Regulating In-house Counsel: A Catholicon or a Nosy 78 Marg. L. Rev., 307 (1994); Pull
admission Reciprocity Is In-house Lawyers’ Goal, 9 Laws. Man. on Prof. Conduct (ABA/BNA) Current Reports at 352 (1993).
45 “Standing alone, unauthorized practice out-of-state by an attorney in-state may not be considered sufficiently noteworthy to excite
prosecution efforts from disciplinary authorities in the lawyer’s home state.” Wolfram infra n 14 at 686.
46 7 Martin, Not So Fast, It’s Regulated — Some Warnings for the B-health Business, Bus. Law Today
(Sept./Oct. 2000); Braender and McCarthy-Perry, Making a Virtual House Call, Nat. L.J. Cl (Aug. 21, 2000); Meek, "Telemedicine: How an Apple
(or Another Computer) May Bring Your Doctors Goser," 29 Cumb. L. Rev, 173 (1999).
47 There is an anti-referral statute, 42 U.S.C. § 1320a-7(b), which pertains to Medicare and Medicaid
13
