ABA Commission on Multijurisdictional Practice

Survey: Practicing Law Across State Lines

The following survey is intended to gather information from practicing lawyers as to (1) the frequency with which lawyers perform work outside the states where they are licensed, and (2) their initial reactions as to what should be permitted. All of the following situations involve conduct that could be impermissible under the unauthorized practice of law provisions of some jurisdictions, although the provisions would not necessarily be enforced.

Assume that in all of the following hypothetical situations, the lawyer is admitted to practice only in state A. Please indicate as to each hypothetical the frequency with which that (or closely similar circumstances) are encountered by you, your partners or other lawyers with whom you are familiar. Please also indicate whether, in your judgment, the activity described should be permitted by the applicable law with respect to the unauthorized practice of law.

1. Preparation for Litigation for Home State Client

The lawyer travels to state B to interview witnesses and examine documents in connection with litigation threatened against a client who resides in state A. There is no process in state B by which the lawyer may seek admission pro hac vice before a lawsuit is filed. However, the lawyer expects to move to be admitted pro hac vice by the courts of state B if litigation is commenced there against her client.

You/your firm encounter this situation: ___regularly ___occasionally ___rarely ___never

The lawyer's activities in state B ____ should _____ should not be permitted

2. Negotiation and Arbitration for Home State Client

The lawyer represents a company in state A that is involved in a business dispute with a company in state B. The lawyer travels to state B to attempt to negotiate a resolution of the dispute. When this is unsuccessful, pursuant to the contract between the respective clients, the lawyer prepares a demand for arbitration. The lawyer subsequently conducts the arbitration in state B on behalf of the client.

You/your firm encounter this situation: ___regularly ___occasionally ___rarely ___never

The lawyer's activities in state B ____ should _____ should not be permitted

3. Out-of-State Transaction for Home State Client

The lawyer travels on behalf of a home state client to states B and C to negotiate the acquisition of a business, returns to states B and C on several occasions to conduct due diligence, and subsequently returns again to participate in the closing.

You/your firm encounter this situation: ___regularly ___occasionally ___rarely ___never

The lawyer's activities in states B and C ____ should _____ should not be permitted

4. Securities Offering for Out-of-State Client

The lawyer travels on several occasions to state B at the request of a new client in state B to handle the federal securities law work necessary in connection with a proposed public offering of the client's securities. The lawyer performs most of the work for the public offering out of his office in state A. The lawyer also advises on and assists the client in complying with the state securities laws of a number of states, including state B.

You/your firm encounter this situation: ___regularly ___occasionally ___rarely ___never

The lawyer's activities in states B ____ should _____ should not be permitted

5. Relocation to a New State

After practicing environmental law for six years in a law firm in state A, the lawyer moves to state B, where her law firm also has an office. She expects to remain there for several years while her husband attends medical school and then move back to state A. While she studies for the bar examination of state B, the lawyer provides environmental advice to the law firm's clients in different states around the country.

You/your firm encounter this situation: ___regularly ___occasionally ___rarely ___never

The lawyer's activities outside his home state____ should _____ should not be permitted

6. In-house Lawyer for Corporate Client

The lawyer serves as in-house corporate counsel for a company located in state A. The company has offices in states B and C and has subsidiaries with offices in states D and E. The lawyer provides general business advice and negotiates and drafts contracts and other documents for the company and its subsidiaries. The lawyer frequently travels to the offices in states B, C, D and E in order to give advice and review documents.

You/your firm encounter this situation: ___regularly ___occasionally ___rarely ___never

The lawyer's activities outside his home state ____ should _____ should not be permitted

ADDITIONAL INFORMATION:

For statistical purposes only, please indicate:

Approximate number of lawyers in your firm _________

Number of legal practice offices your firm maintains_________

Number of states in which your firm has offices _____________

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