I went to law school with someone who didn't pass the bar (at least this person is not admitted in the state where we went to law school). Just recently I google this person to learn that he or she is in-house counsel at a company headquartered in the same state we went to law school (and he or she lived most their life). This person doesn't show up on the state attorney search website. I thought you had to be barred to be in-house. Am I missing something?

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So real

In-house counsel generally do not need to be barred in the state where they work if they are licensed in another U.S. state. However, many states require registration with the state bar association. The Model Rule 5.5(d) of the ABA Model Rules of Professional Conduct addresses this, allowing in-house counsel licensed in another state to provide legal services to their employer or its affiliates

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Bro just mind your own business

likefunny

I agree... I would not get in the habit of looking up old associates and their credentials. First of all, what firsthand information do you have on this person? That they failed the bar once? I know people that took it like 5 times... that's not the way I'd go, but it's allowed. Also, there are people I know who did not pass the bar the first time that are now fantastic lawyers. It absolutely happens because there is nothing magical about passing the bar.

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This is the first I am learning that someone can only take the bar once. Am I missing something?

likesmart

I don't get it. Did you read the part where I said that the person is not found as a barred attorney in the state bar website (as of today)?

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This depends on what they do. Contract managers/reviewers don’t even need a JD.

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I passed the bar the first time, but character and fitness was delayed, so I wasn’t sworn in until 6 months after my classmates

likesmart

Many states allow you to register as in-house counsel without being barred in that state so long as you are actively barred in some other state. However, you can only work for that one client, often an institution, but cannot represent it in court or provide legal services to anyone outside that organization. Very common in fact.

likehelpful

😕

In Massachusetts you can work as in-house counsel (transactional work only/no litigation) using an out of state law license if you register as in-house counsel with the MA bar. My understanding is that an attorney who does this will not show up on the MA bar attorney directory.

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Almost all the states allow this, because it's part of the ABA model rules... not everywhere, but most states.

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God I've never witnessed this level of jealousy before

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OR - more of a, gee I wonder how this person is doing - haven't seen him or her.

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You might have an obligation to report to the state bar under your jurisdiction’s rules. Sounds like it could be Unauthorized Practice of Law.

Personally, I wouldn’t look into this and probably assume that their company has done all the necessary background check, but if you’re telling other attorney’s your suspicions, you might want to report to bar to cover your rear.

If it comes out that you knew about their UPL, it could come back to bite you.

funnylike

This is maybe the worst advice I’ve ever seen on fishbowl and that was already a high bar. Do not do this. You know literally nothing about this person, their job, their life experiences or their qualifications. You have discovered no new facts or evidence. Please do not make this persons life harder or invite suspicion into their qualifications because you know they failed the bar once, especially when you don’t even know what job they’re doing

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Could easily be barred somewhere else and be in-house in a different state.

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It depends on what their role is - you can be in office of the general counsel and not in a “counsel” role at the company. These are often referred to as JD-plus roles - it’s helpful or even required to have gone to law school, but you’re not giving legal advice and don’t need to be barred. Somewhat common in compliance roles in my experience

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I don’t believe you need to be barred to be in-house depending on the state.

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Why are you so invested in this?

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