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How hard is the path from lit to GC?
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Unlikely, so long as you aren’t representing clients in state B or holding yourself as a lawyer in state B. Otherwise, any time we worked on vacation (in the US anyway) we’d being engaged in the unauthorized practice when answering emails, drafting briefs, etc. Or lived in one state with offices in another.
Pretty sure this is the answer, based on my MPRE review days.
There's a famous case of a lawyer from northern Kentucky who practiced exclusively Kentucky law, but did so from her office in Cincinnati (literally right across the river from KY), and the Ohio bar charged her with UPL. However, the OH Supreme Court reversed and basically said it was unconstitutional because OH has no interest in regulating the practice of law of attorneys working exclusively for clients in a foreign jurisdiction.
This case is really good dicta because not many states have ruled on the issue, but with everyone working remotely right now, I'm sure the guardians of the bar aren't interested in picking a fight. My advice is to just make sure you still actually have a physical office in a jurisdiction where you are barred.
I think this was where the “holding a systematic practice” argument arose from? Most jurisdictions are good to let you do your think but it’s good to get an ethics expert to brief you on your scenario since some states still have varying ideas of what holding a “systematic practice” as a UPL violation constitutes.
I think the most risky state(s) have it a violation of your practice is structured in such a way it “advertises” you to State B even if you disclaim you’re State A only.
Think of like having a brick and mortar office for business law that attracts walk-ins on the state border, and you tell people “well if you incorporated your business in State A and not B I could be your lawyer.” Some State B’s would call that UPL.
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Depends heavily on the state - could be considered unauthorized practice of law, depending on the way their PR rules are phrased/interpreted.
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This. NY has strict rules about having an office...not a mailstop or POBox, in NY for instance.
See I think that's going to be a new question to be answered but I don't think so. The model rules say stuff about that it has to reasonably come from State A. But you're also not appearing for hearings or anything like that in State B. I would argue that you're safe.
You can call the state bar and ask
I would check the Rules for unauthorized practice in State B and also any recent guidance as a result of COVID.
Are you advising clients on issues under the law in State B?
If you’re still practicing state A law I cannot fathom that would be UPL - similar to the vacation example above. I base this on absolutely no research and only my intuition.
I cannot imagine any state bar organization would argue that you are practicing law in State B. If so, Lawyer’s would have to stop listening or reviewing depositions when they travel from one state to another state.
Sometimes attorneys worry about things they don’t need to worry about. Think: I can always apologize, rather than I need permission.
It actually depends on the state here, but usually for short and specific matters like depos or a client meeting, it's permitted and not UPL. The longer the stay, the higher chance you could start running into UPL. But for OPs case and for everyone else at home in a different state from where they're admitted, it's probably not a concern.