Page 15 - Multidisciplinary Organizatons - Law and Accounting
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The purpose of the attorney prohibition on assisting others in the unauthorized practice of law is to
protect the public from the consequences of incompetent legal services. Because the definition of the
practice of law is unclear and varies from state to state and country-to-country, one must look to specifics
to determine whether promotional activities by an entity come within the scope of law practice.
Matching services create a database where clients can post needs and be matched with lawyers who
perform legal services. This could not reasonably be said to be the unauthorized practice of law."39 Under
EC 3-5, the practice of law relates to the “rendition of services for others that call for the professional
judgment of a lawyer.” Professional judgment is further defined as the “educated ability to relate the
general body and philosophy of law to a specific legal problem of a client.40 The underlying rational for
the rules is the assumption that there is a client. Marketing assumes that there is no client and therefore
it cannot be the unauthorized practice of law.
In the case of an online listing service, there are no practice of law issues since the service is not providing
legal services but information, which is protected speech. Attorneys need to be sure that the information
in the directory or online is in compliance with state bar regulations relating to their listings.
Online directories that are searchable by practice area means that lawyers, particularly if they specialize,
may be tempted to practice outside of the jurisdictions in which they are admitted. In addition, from time
to time a lawyer with a particular expertise is featured in WSG publications. If these lawyers are hired,
does PSI or WSG incur liability for promoting unlicensed practice by attorneys not admitted to the bar?
While the technology aspects of these issues have not been addressed,"41 there is no reason to think that
the general rule should not apply. For example, while the behavior might be frowned upon, courts have
held that in disaster or mass torts that marketing by law firms from other jurisdictions is not practicing
law. Even if the rule should be changed, given that the solicitation rules are enforced by the jurisdiction
that admitted the attorneys, these jurisdictions may have little interest in enforcing prohibitions in
another jurisdiction against an entity that merely supplies information but is not involved in the
selection.42
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 Practice43— Unauthorized Practice by Lawyers44
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
39 Schmidt, Lawyers vs. The Internet WSJ, R36 (July 17, 2000).
40 Annotated Model Rules 444, 1995.
41 William E. Homsby, Jr., Marketing and Legal Ethics, ABA 2000 at 125
42 Lawyer’s Disciplinary Board v Allen, Coale & Van Susteren, No. 22700 (W.Va. Sup. Ct. 11/15/96).
43 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
44 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.
protect the public from the consequences of incompetent legal services. Because the definition of the
practice of law is unclear and varies from state to state and country-to-country, one must look to specifics
to determine whether promotional activities by an entity come within the scope of law practice.
Matching services create a database where clients can post needs and be matched with lawyers who
perform legal services. This could not reasonably be said to be the unauthorized practice of law."39 Under
EC 3-5, the practice of law relates to the “rendition of services for others that call for the professional
judgment of a lawyer.” Professional judgment is further defined as the “educated ability to relate the
general body and philosophy of law to a specific legal problem of a client.40 The underlying rational for
the rules is the assumption that there is a client. Marketing assumes that there is no client and therefore
it cannot be the unauthorized practice of law.
In the case of an online listing service, there are no practice of law issues since the service is not providing
legal services but information, which is protected speech. Attorneys need to be sure that the information
in the directory or online is in compliance with state bar regulations relating to their listings.
Online directories that are searchable by practice area means that lawyers, particularly if they specialize,
may be tempted to practice outside of the jurisdictions in which they are admitted. In addition, from time
to time a lawyer with a particular expertise is featured in WSG publications. If these lawyers are hired,
does PSI or WSG incur liability for promoting unlicensed practice by attorneys not admitted to the bar?
While the technology aspects of these issues have not been addressed,"41 there is no reason to think that
the general rule should not apply. For example, while the behavior might be frowned upon, courts have
held that in disaster or mass torts that marketing by law firms from other jurisdictions is not practicing
law. Even if the rule should be changed, given that the solicitation rules are enforced by the jurisdiction
that admitted the attorneys, these jurisdictions may have little interest in enforcing prohibitions in
another jurisdiction against an entity that merely supplies information but is not involved in the
selection.42
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 Practice43— Unauthorized Practice by Lawyers44
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
39 Schmidt, Lawyers vs. The Internet WSJ, R36 (July 17, 2000).
40 Annotated Model Rules 444, 1995.
41 William E. Homsby, Jr., Marketing and Legal Ethics, ABA 2000 at 125
42 Lawyer’s Disciplinary Board v Allen, Coale & Van Susteren, No. 22700 (W.Va. Sup. Ct. 11/15/96).
43 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
44 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.
