Ethics Concern: I work for a large law firm that handles cases all over. I am licensed in Virginia. The office I work out of handles both Virginia and Maryland cases. My firm is assigning me to work on Maryland matters that are not in litigation because we’re spread so thin. The general consensus at this office is if it’s not in litigation it doesn’t matter which attorney handles or where they’re licensed. Additional information in the comments…

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I know other firms do this, but it has always sat uneasily with me. In general, I think you can do research, draft documents, and handle items that stay internal to the firm/are only seen by your coworkers. I would not do anything outside the firm like advise a client, send a demand, or file a pleading unless I pro haced in.

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Unfortunately, prelit matters in most firms are almost always given to either case managers or paralegals to be done; everything from setting up treatment to writing the demand is almost entirely done by non-attorneys. So in your situation, it could be UPL, but that’s really a nonissue unless someone complains to your state bar; as goes with just about any other ethical violation.

It’s definitely not the right thing to do because the client is signing up with a law firm and they expect a qualified attorney to work on their claim (which I’m sure you are, but you get my point). Your firm sounds like they have enough cases coming in to hire more local attorneys so you’re not spread so thin.

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Continued: if we file suit on the case then it’s reassigned to an attorney who is licensed in that jurisdiction. Do other firms do this? Is this technically UPL? I obviously can’t give the clients legal advice as it relates to their Maryland matter. Can I even sign their closing paperwork or demand letters? I’m just wondering what is okay and what is not.

Check the Maryland UPL rules. I'm in a similar situation where I'm licensed in State A and asked to do pre-lit work in neighboring State B. The State B rules have some exceptions to UPL, including working in association with an attorney licensed there (e.g., my partner is licensed in State B and regularly discusses my matters with me), practicing an area of law in which you have significant experience and expertise, etc. There should be very detailed rules or bar opinions on this you can hang your hat on.

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