08-01.

CourtKansas
Kansas Ethics Opinion 2008. 08-01. ETHICS OPINION NO. 08-012008TOPIC: Under what circumstances may an attorney not licensed in Kansas practice law while associated with a firm with offices in this State?DIGEST: An attorney not licensed in Kansas may not "practice law" inside the State of Kansas, but may meet with clients and perform legal services here, so long as those activities are not systematic and continuous. REFERENCE: Rules 5.5, 8.5, Kansas Rules of Professional Conduct. Restatement of the Law, Third, The Law Governing Lawyers, §3. The function of the Kansas Bar Association's ethics advisory service is to respond to inquiries from KBA members concerning proposed conduct. The limitations on the service do not allow us to render an opinion regarding past conduct or the conduct of someone other than the requesting attorney. The following constitutes only the opinion of the KBA Professional Ethics Advisory Committee, and is not in any way intended to be a guarantee of a particular result or a conclusion by appropriate authorities. Furthermore, this document constitutes the committee's opinion based on the facts and information contained in correspondence from the requesting attorney. It is based on a review of the Kansas Rules of Professional Conduct and applicable case law. This opinion is not a grant of immunity from any form of legal or disciplinary proceeding. The opinion herein is that of a KBA committee without official government status. The Kansas Bar Association expressly disclaims any liability in connection with issuing this opinion. FACTS: Law Firm (based in Kansas) employs an of counsel lawyer (Lawyer) who is licensed in the States of Missouri and Arizona. Lawyer resides in Arizona and mainly practices there, but occasionally comes to the Law Firm's office in Kansas to meet with clients. Law Firm's and Lawyer's main practice area is federal patent law, although their practice sometimes includes related state law issues. Law Firm inquires whether, and on what terms, Lawyer may practice at its offices in Kansas. ANALYSIS: Defining the "practice of law" is a difficult task. Indeed, an entire ABA Commission spent years wrestling with this task, resulting in amendments to the Model Rules of Professional Conduct, including the following change to Rule 5.5: (b) A lawyer who is not admitted to practice in this jurisdiction shall not: (1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or (2) hold out to the public or...

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