Formation of client lawyer relationship
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Most of the duties flowing from the client-lawyer relationship attach only
after the client has requested the lawyer to render legal services and the
lawyer has agreed to do so.
Mandatory and permissive reporting of professional misconduct
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, A lawyer who knows another lawyer or judge has committed a violation of
the MRPC that raises a substantial question as to the person's honesty,
trustworthiness, or fitness as a lawyer must report it (unless it is protected
by confidentiality or gained in a lawyers' or judges' assistance program).
Fee division with a nonlawyer
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Fee-splitting with a non-lawyer is prohibited unless: (1) by agreement to pay
lawyer's estate after death, (2) by purchasing the practice from a deceased
or disabled lawyer's estate, (3) by a compensation or retirement plan, or (4)
by sharing of court-awarded legal fees with a nonprofit organization
employed, retained, or recommended the lawyer's employment.
An attorney licensed to practice law in State A accepted employment as an in-house
counsel for a corporation located in State B. The attorney was not licensed to practice
in State B. After accepting the position with the corporation, the attorney, who had
moved to State B, gave legal advice to the corporation's officers and directors and
drafted legal documents for the corporation, such as contracts. The attorney did not
ever appear in a judicial proceeding on behalf of the corporation in State B.
Did the attorney engage in the unauthorized practice of law in State B?
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No, because an in-house counsel licensed in one state may give legal
advice to, and draft legal documents for, a corporate client located in a
different state.
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Most of the duties flowing from the client-lawyer relationship attach only
after the client has requested the lawyer to render legal services and the
lawyer has agreed to do so.
Mandatory and permissive reporting of professional misconduct
Give this one a try later!
, A lawyer who knows another lawyer or judge has committed a violation of
the MRPC that raises a substantial question as to the person's honesty,
trustworthiness, or fitness as a lawyer must report it (unless it is protected
by confidentiality or gained in a lawyers' or judges' assistance program).
Fee division with a nonlawyer
Give this one a try later!
Fee-splitting with a non-lawyer is prohibited unless: (1) by agreement to pay
lawyer's estate after death, (2) by purchasing the practice from a deceased
or disabled lawyer's estate, (3) by a compensation or retirement plan, or (4)
by sharing of court-awarded legal fees with a nonprofit organization
employed, retained, or recommended the lawyer's employment.
An attorney licensed to practice law in State A accepted employment as an in-house
counsel for a corporation located in State B. The attorney was not licensed to practice
in State B. After accepting the position with the corporation, the attorney, who had
moved to State B, gave legal advice to the corporation's officers and directors and
drafted legal documents for the corporation, such as contracts. The attorney did not
ever appear in a judicial proceeding on behalf of the corporation in State B.
Did the attorney engage in the unauthorized practice of law in State B?
Give this one a try later!
No, because an in-house counsel licensed in one state may give legal
advice to, and draft legal documents for, a corporate client located in a
different state.
