Correction Teacher’s Manual Chapter 2, Question 2-13

The error below, from p. 28 of the Teacher’s Manual is that he correct answer should be (B) — this is not a unauthorized practice of law.  The explanation is correct and provides the rationale for an answer of B.  The purpose of the question is to highlight the Rule 5.5(d)(1) exception for in-house counsel, as well as the difference between Rule 5.5(d)(1) and Rule 5.5(c) which requires that the out of jurisdiction practice be temporary in order to qualify for one of its exceptions to unauthorized paractice.  Of course, if the in-house work does require “pro hac vice admission,” then the Rule 5.5(d)(1) does not apply unless the “lawyer is authorized by federal or other law or rule to provide [services] in [the] jurisdiction” per Rule 5.5(d)(2).

 

[Question 2-13, Casebook p. 58]

Does Joan commit UPL if she leaves F&I to become in-house counsel at Monolith, Inc., located in Sirius?

(A) Yes

(B) No

Correct Answer: (A) (B)

Even though this position is not temporary, and therefore does not fall under the exceptions in Rule 5.5(c), it does fall under the exception in Rule 5.5(d)(1) for services “provided to the lawyer’s employer or its organizational affiliates [that] are not services for which the forum requires pro hac vice admission.”

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s