By now, there is no doubt that the COVID-19 pandemic resulted in drastic changes in the legal profession—from conducting appellate oral arguments through video conferencing platforms, to having numerous firms shift operations remotely. Jurisdiction
More strikingly are the arguments in favor of allowing attorneys to continue practicing in jurisdictions they are not licensed to practice in.
In a Bloomberg Law article, Melissa H. Stanzione explores how the current pandemic garnered momentum to having the legal profession reconsider relaxing licensing requirements in order practice law throughout jurisdictions. Stanzione references comment 5 to ABA Model Rule 5.5: Unauthorized Practice of Law; Multijurisdictional Practice of Law, which states, “There are occasions in which a lawyer admitted to practice in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction under circumstances that do not create an unreasonable risk to the interests of their clients, the public or the courts.”
Stanzione notes some outlier jurisdictions like Minnesota and Arizona “already allow lawyers to practice there if they’re licensed elsewhere as long that they disclose that they’re not licensed to practice in that state.” Stanzione referenced Jan L. Jacobowitz, who mentioned that as long as people practice in “good faith,” “no one’s interested in spending the time and expense in pursuing” disciplinary measures in the midst of this pandemic. Lastly, because the pandemic resulted in many lawyers working remotely from other states, Stanzione proffers different views that, regardless of where their attorney is, a client just wants their lawyer to do the work—“who cares [about the rest]?”
While lawyers should adapt to new working conditions as a result of the pandemic, they should nevertheless be mindful of their state bar’s rule on the unlicensed practice of law and consult that rule should they wish to “set up shop” elsewhere.
