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Lawyers and Accountants 2019 -
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."159 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.160 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,"161 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.162
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 Practice163— Unauthorized Practice by Lawyers164
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.
159 Schmidt, Lawyers vs. The Internet WSJ, R36 (July 17, 2000).
160 Annotated Model Rules 444, 1995.
161 William E. Homsby, Jr., Marketing and Legal Ethics, ABA 2000 at 125
162 Lawyer’s Disciplinary Board v Allen, Coale & Van Susteren, No. 22700 (W.Va. Sup. Ct. 11/15/96).
163 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
164 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.
60
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."159 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.160 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,"161 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.162
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 Practice163— Unauthorized Practice by Lawyers164
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.
159 Schmidt, Lawyers vs. The Internet WSJ, R36 (July 17, 2000).
160 Annotated Model Rules 444, 1995.
161 William E. Homsby, Jr., Marketing and Legal Ethics, ABA 2000 at 125
162 Lawyer’s Disciplinary Board v Allen, Coale & Van Susteren, No. 22700 (W.Va. Sup. Ct. 11/15/96).
163 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
164 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.
60
