The description “multi-jurisdictional practice” may conjure images of Big Law firm with offices around the country or around the globe. More likely, it describes solos or small firms or corporate in-house counsel (retained and salaried) seeking or serving clients in a different state than the one in which they are admitted. Typically, these are transactional attorneys whose clients acquire or dispose of assets in foreign jurisdictions, attorneys seeking to represent their clients in arbitrations or mediation, or Good Samaritans drawn inadvertently into multi-jurisdictional practice.
There are relatively few ethical issues particular to multi-jurisdictional practices, but there is an 800 pound gorilla in the waiting room: the Unauthorized Practice of Law (UPL), proscribed by Model RPC 5.5, and each state’s identical or unique version of that Rule. Under the same or a similar name, UPL is also a crime in all fifty states, so wayward attorneys may receive discipline from their own bar and also be prosecuted by another state for something they did inadvertently or with good intentions.
This program, taught by former Ethics Committee chair and legal ethics attorney Marc Garfinkle, will examine the ethical rules which apply to multi-jurisdictional practice, when and how attorneys may appear in a foreign jurisdiction, and how attorneys can recognize when they are in danger of running afoul of the ethical rules. The course will also review some less-menacing ethical considerations, such as advertising and solicitation issues that beset many attorneys.
Consider when it is appropriate to retain local counsel or acquire bar membership in a foreign jurisdiction
This course originally appeared as a part of our December 2019 Bridge the Gap event.
A solo since passing the bar in 1978, Marc Garfinkle is an attorney whose practice is limited to legal ethics and discipline, judicial conduct and bar admission. He is also the author of several short books for new attorneys, including $olo Contendere: How to Go Directly from Law School into the Practice of Law without Getting a Job (3d ed.,©2010, 2019, Solo Contendere Press).
A nationally-acclaimed speaker, Marc has addressed the Solo Practice and New Lawyers divisions of state bar associations from coast to coast, and regularly offers CLE programs for state bars, bar associations, Inns of Court and others.
A former Ethics Committee investigator and Committee Chair, he is a regular contributor to the New Jersey Law Journal, having published approximately fifty ethics-related columns there. He is also frequently quoted in electronic and print media on matters of legal ethics. Marc also teaches Persuasion and Advocacy at Seton Hall University Law School, and and is the Public Defender in the Township of Livingston.
Very informative - great course and great instructor.
Very practical course with an entertaining presenter.
It would have been helpful if Marc Garfinkel had repeated the audience’s questions. It was hard to hear what was asked.
Excellent presenter. Thoroughly knowledgeable, engaging, and gracious.
Fantastic speaker! I enjoyed this session very much.
The presenter was outstanding! Very worthwhile course.
Mark was great. Please do more CLEs like this - if there is a presenter who isn't comfortable using slides or only puts minimal information on the slides, give us a transcript! It's a time saver and makes it easy to reference later.
I truly enjoy hearing this speaker.
Excellent! thank you
A practitioner who knows his subject cold. All excellent, but last 15 minutes are worth their weight in gold.
A very entertaining and useful presentation on what could have been very dry material. Excellent course for ethics credit.
This area of a practice is very unclear and this seminar helped immensely. thank you!
By far, the best presenter!