Multistate Professional Responsibility Examination (MPRE)Regulation of the Legal ProfessionMedium
Attorney Chen, licensed in State X, wishes to open a new law office in State Y. He plans to primarily serve clients from State X who have business dealings in State Y, but he also intends to accept new clients who reside solely in State Y. He does not plan to take the State Y bar exam. Is Attorney Chen's plan permissible?
- AYes, if the majority of his clients are from State X.
- BYes, as long as he does not hold himself out as licensed in State Y.
- CNo, unless he only handles federal matters in State Y.
- DNo, because he plans to accept clients who reside solely in State Y without being licensed there.
Show answer & explanationAnswer & explanation
Correct answer: D. No, because he plans to accept clients who reside solely in State Y without being licensed there.
Establishing a systematic and continuous presence in a state where one is not licensed, especially by holding oneself out as available to serve local clients, constitutes unauthorized practice of law.
Why the other options are wrong
- A. The origin of the majority of clients does not negate the UPL of accepting local clients with a continuous presence.
- B. Simply not holding himself out as licensed is insufficient if he establishes a continuous presence and accepts local clients.
- C. This would fall under the federal practice exception, but his plan includes general State Y practice, not just federal matters.
Establishing Continuous Presence (UPL)
A lawyer practices law in a jurisdiction where they are not licensed if they establish an office or other systematic and continuous presence for the practice of law there.
- Opening an office is a clear indicator.
- Accepting clients who reside solely in the new state is often a factor.
- Requires bar admission in the new jurisdiction to be permissible.
Memory trick: No map, no practice, or you're caught in a trap.