Correspondence Law School Graduate Arrested/Fired

http://www.counsel.net/chatboards/lawstudents/topic203/5.23.02.19.46.31.html

An interesting story and follow-up discussion.

I think that DL law student can practice federal law in all states. Does he/she need a state license to practice federal law?

 

More info on this case: http://www.dpg-law.com/opinions/pa-cmwlth/9908/4357-hodge.html

 

Yep, doesn't matter whether it's state or federal law, it's law, nonetheless and, generally, licensure in the state in which one practices is required.

By way of example, currently, I'm licensed to practice law in Illinois and Florida. I had to make separate applications to practice before the U.S. Tax Court, the U.S. Supreme Court, the U.S. District Court for the Northern District of Illinois, and the U.S. Court of Appeals for the Seventh Circuit. Note that despite the fact that I'm licensed in Florida, I am not a member of the bar of any U.S. District Court sitting in Florida (Northern, Middle, or Southern) and could, therefore, get busted for appearing in any one of them (other than pro hac vice).

 

Some U.S. Districts like New Mexico require you to be licensed in the state where the District sits. Others, like the U.S. District of Arizona, require only that you be admitted to ANY state bar.

There is a good deal of law concerning whether and to what extent a federal bar member can maintain a practice in a state where he isn't licensed by that state's bar. It is very case-by-case.

A patent attorney can probably offer himself as a "Patent Attorney" in any state. However, if he calls himself an "Attorney at Law", he'd better be licensed by the state where he practices. At least, IMHO.

Nosborne, JD
(Who is NOT a patent attorney, dammit!)

 

Not any more. I think this went into effect a couple of years ago:

(a) Admission to the Bar of this Court. Admission to and continuing membership in the bar of this Court is limited to attorneys who are active members in good standing of the State Bar of Arizona.

 

To determine the admission requirements for a given U.S. District Court, visit the web site of that Court and check the local rules.

As Nosborne has stated, some require admission to ANY state (or DC) bar, while others require admission to the state bar(s) of that district.

What is unclear is whether an attorney, properly admitted to the District Court, but not the corresponding state bar, may hang a shingle and practice, even if it is clearly stated that the practice is limited to federal law.

Besides pro hac vice rules, some states permit limited practice by attorneys who are in good standing in other jurisdictions. For example, corporate counsel.

Visit http://www.crossingthebar.com for some interesting info on multijurisdictional practice.

Christopher
Who will be graduating from a CA correspondence school and taking the CA bar next year, but currently resides in New Jersey.

 

As Nosborne has stated, some require admission to ANY state (or DC) bar.....

Here's the short list:
AR - CO (written exam) - GA (unofficially admitted) - IL - IN - MD (reciprocity req'd) - MI - MO - ND - NE - NY - OK - TX - WI.

As has been stated, check the rules. Anyway, it's clear that the vast majority of DCs require admission to the bar of the state in which they sit. Further, even with respect to those listed above, practice is restricted in certain instances. The N.D. of IL, for example, has a General Bar and a Trial Bar; admission to the General Bar is open while admission to the Trial Bar requires experience points, so one may be generally admitted yet not have the ability to conduct a trial without co-counsel.

What is unclear is whether an attorney, properly admitted to the District Court, but not the corresponding state bar, may hang a shingle and practice, even if it is clearly stated that the practice is limited to federal law.

Being "unclear", better to err on the side of caution, no? I mean, with respect to "federal law", we're talking IP, fed con law, admiralty, and tax. To the extent state law is (even remotely) implicated, unlicensed attorneys need to tread carefully.