08-01.
Court | Kansas |
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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