Multistate Professional Responsibility Examination (MPRE)Regulation of the Legal ProfessionEasy
Attorney Smith, licensed only in State A, is asked by a long-standing client, a corporation headquartered in State A, to represent them in a complex federal regulatory matter. The matter involves filings and appearances before a federal agency in Washington D.C., where Attorney Smith is not licensed. Attorney Smith flies to D.C., prepares and files the necessary documents, and appears at hearings on behalf of his client. Is Attorney Smith's conduct permissible?
- ANo, unless he associates with local D.C. counsel for the duration of the representation.
- BYes, because he is representing an existing client from his home state on a matter related to that client's business.
- CNo, because he is not licensed in Washington D.C. or any federal court that would allow him to practice there.
- DYes, because federal matters are exempt from state UPL rules, allowing him to practice in federal forums regardless of state licensure.
Show answer & explanationAnswer & explanation
Correct answer: D. Yes, because federal matters are exempt from state UPL rules, allowing him to practice in federal forums regardless of state licensure.
The 'federal practice' exception allows lawyers to practice before federal agencies and courts even if not licensed in the state where the federal body is located, as long as they are admitted to practice in some U.S. jurisdiction.
Why the other options are wrong
- A. While associating with local counsel is often good practice, it is not a requirement for practicing before a federal agency under this exception.
- B. While representing an existing client might be relevant in some temporary practice exceptions, the primary justification here is the federal nature of the practice.
- C. This is incorrect; federal practice often operates independently of state bar admissions.
Federal Practice Exception
A lawyer admitted in one U.S. jurisdiction may represent clients in federal courts or before federal agencies regardless of whether they are licensed in the state where the federal body is located.
- Applies to federal courts and agencies.
- Requires admission to practice in at least one U.S. jurisdiction.
- Does not require local state bar admission for the federal matter.
Memory trick: Federal courts don't care about state gates.