Got a question for the legal ethics mavens out there. I've got an employee starting next week. She's a member of the IL bar but she'll be living in NY. We won't be in the state courts; almost all our work is in the federal courts. Does she need to become a member of the NY bar? - ThreadSky

athul.acharya.cc • 168 days ago

Got a question for the legal ethics mavens out there. I've got an employee starting next week. She's a member of the IL bar but she'll be living in NY. We won't be in the state courts; almost all our work is in the federal courts. Does she need to become a member of the NY bar?

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jimdoppke.bsky.social•168 days ago

Partly a question of how she is held out to the public - i.e. her licensure should be made clear and it should not be stated or implied that she is licensed in the state of NY.

athul.acharya.cc•168 days ago

Ah yes, I remember having to make this clear in my sig when I was a member of the OR bar but working in CA. Thanks!

jimdoppke.bsky.social•168 days ago

Otherwise - I agree that NY's Rule 5.5 would control whether and how a federal-only practice is authorized, (i.e. if it tracks the Model Rule) and that the NY federal court's admission standards are very impt here too.

jimdoppke.bsky.social•168 days ago

Btw there are a lot of great NY ethics lawyers who can analyze this for you further; feel free to message me if you would like their contact info.

athul.acharya.cc•168 days ago

Appreciate it! I think first I'll see if she's willing to take the NY bar and just avoid all the trouble 😂

toobigtofail.bsky.social•168 days ago

Depends on which Federal courts she'll be practicing in. Years ago we had somebody who was licensed in D.C. and Ohio working in NY who would pro hac in on cases in EDNY/SDNY while he was waiting for his admission to process, and after about the fifth one the EDNY judge denied his pro hac motion.

toobigtofail.bsky.social•168 days ago

If she's practicing in Illinois Federal courts remotely from NY that's not a problem; we have plenty of employees who live in NJ or CT and practice in NY courts every day.

onbluskysku.bsky.social•168 days ago

It would be prudent, just speaking casually. As of 2016 The Federal Lawyer reports that all NY federal districts allow at least reciprocal admission of attorneys barred in their state of residence. But as you say, her state of residence will be New York. It seems like a good idea to get barred there

tfioret.bsky.social•168 days ago

It’s going to depend on NY’s equivalent of rule 5.5. https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_5_5_unauthorized_practice_of_law_multijurisdictional_practice_of_law/

athul.acharya.cc•168 days ago

Thanks! NY's rule is basically just part (a). The rest obviously has a lot more guidance. But this is a great starting point to figure out if the rest has been adopted by caselaw, thanks.

david.noll.org•168 days ago

The UPL statute is Judiciary Law sec. 478. I would worry about the clauses requiring a license to "furnish . . . an attorney and counsel to render legal services" and "to assume, use, or advertise the title of lawyer, or attorney and counselor-at-law." https://nysba.org/NYSBA/Coursebooks/Fall%202016%20LPM%20Coursebook/Bridging%20the%20Gap/2.1%20-%20Cliff%20Ennico%20-%20Rule%205.5%20Unauthorized%20Practice%20of%20Law.pdf

orcishlaw.bsky.social•167 days ago

I think you've got the right advice here. It all depends on how NY and IL (mostly NY) interpret "practicing law".

remygreen.bsky.social•167 days ago

Most of the relevant answer seems to be in the comments.

But one thought! Might also want to check how long ago her bar exam was—the results are valid longer than you’d think.

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