Attorney Beth, licensed only in State A, works remotely for a law firm located in State B. Her primary role is to conduct legal research and draft memoranda for cases litigated in State B. She never appears in court, advises clients directly, or holds herself out as licensed in State B. The law firm ensures all her work product is reviewed, approved, and signed by a State B-licensed attorney before submission or client communication. Is Beth engaging in the unauthorized practice of law?
- ANo, because her activities are preparatory and undertaken under the direct supervision of a State B-licensed attorney.
- BYes, because legal research and drafting are inherently the practice of law, regardless of supervision.
- CYes, because she is performing legal work for a firm in a state where she is not licensed.
- DNo, because she is not physically present in State B, and therefore her activities fall outside its jurisdiction.
Show answer & explanationAnswer & explanation
Correct answer: A. No, because her activities are preparatory and undertaken under the direct supervision of a State B-licensed attorney.
An attorney may engage in preparatory legal work, such as research and drafting, for cases in a jurisdiction where they are not licensed, provided they do so under the supervision of a locally licensed attorney and do not hold themselves out as licensed in that jurisdiction or appear in court.
Why the other options are wrong
- B. While legal research and drafting are legal work, when done under supervision and without direct client contact or representation, they typically do not constitute UPL.
- C. Performing legal work for an out-of-state firm is permissible if it is preparatory and properly supervised.
- D. Physical presence is a factor, but the nature of the work and supervision are more critical in determining UPL for remote work.
UPL - Preparatory Work Exception
An attorney not licensed in a jurisdiction may perform legal research, drafting, and other preparatory work for a case in that jurisdiction, provided they are under the supervision of a locally licensed attorney and do not engage in direct client representation or court appearances.
- Work must be preparatory (e.g., research, drafting).
- Must be supervised by a locally licensed attorney.
- No direct client contact or court appearance in the foreign jurisdiction.
- No holding oneself out as licensed in the foreign jurisdiction.
Memory trick: Exceptions to UPL are like specific passes through a guarded gate.