March 01, 2003

Licensed in One State, But Practicing in Another: Multijurisdictional Practice (2003, 17:02)

Licensed inOne State,But Practicing in Another: Multijurisdictional Practice

Probate and Property, March/April 2003, Volume 17, Number 2

By Raymond J. Werner
Raymond J. Werner is a partner with Arnstein & Lehr, Chicago, Illinois, and is a member of the Section’s Standing Committee on Multijurisdictional Practice.

In the practice of law today a lawyer who is licensed to practice law in one jurisdiction is often engaged in a transaction that has some tie or connection to another jurisdiction. Indeed, it is common for a lawyer licensed in one state to be involved in a transaction with another party who is located in another state relating to a matter or property in yet another state. Should the ethical rules prevent this situation or regulate the conduct of lawyers in this environment? Where is the lawyer practicing? Is it the physical place in which the lawyer is working that controls, or should a “significant contacts” approach be taken to analyze what the applicable licensing jurisdiction may be? How do new and changing means of communication affect the analysis of whether the lawyer is practicing in a jurisdiction in which the lawyer is not licensed? These are issues that the ABA has begun to address with the recent adoption of a newmultijurisdictional practice rule in the Model Rules of Professional Conduct.

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