1

If the content of this email specifically shows the licensed lawyer telling the unlicensed lawyer that "obtaining [the father's] past employment files for child support purposes is an option."

Does this prove that the unlicensed attorney is practicing law outside their jurisdiction and is providing legal advice by representing the "client" in legal negotiations?

Can this be submitted to the state bar both state?

  • It appears that your concern is that the unlicensed attorney (seems like an oxymoron and not entirely clear what you mean by that) is doing something wrong, but your question isn't terribly clearly worded about whom you suspect of ethical wrongdoing. – ohwilleke Jul 10 at 21:35
  • He's not licensed in the state he is practicing but he is in another. – LawCurious Jul 22 at 23:46
4

Does this prove that the unlicensed attorney is practicing law outside their jurisdiction and is providing legal advice by representing the "client" in legal negotiations?

No. Your quote of the email does not prove that the receiver engaged in unlicensed practice of law. Nor does it prove that the receiver/non-attorney is representing, or advising, the attorney's client or the adversary.

It is quite possible and valid for the unlicensed lawyer (example: paralegals) to assist an attorney who actually represents the party.

| improve this answer | |
  • Agreed. Merely receiving an email would almost never in and of itself constitute the practice of law. It isn't an affirmative voluntary act of any kind. It might be one piece of a larger picture such as a lengthy two way discussion, that as a whole does involve something problematic, but certainly just receiving an email by itself is not improper. – ohwilleke Jul 10 at 21:34

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