Legal Question in Legal Ethics in New Hampshire

unauthorized practice of law

With no Massachusetts law firm association, may an attorney licensed in Massachusetts practice Massachusetts law from a New Hampshire home office without a New Hampshire law license?

If this is inapproriate, which ABA, New Hampshire and Massachusetts Rules have been violated?

Asked on 9/18/99, 11:48 pm

1 Answer from Attorneys

Re: unauthorized practice of law

Generally: New Hamphsire would have its own rules, probably derived from the ABA promulgated model rules. Md. Rule of Professional Responsibility 5.5 bans the unauthorized practice of law. IF NH is a model rule state, the like rule should have a 5 series number. States do have special provisions and the facts may not be as clear cut as they may first seem. On the other side, in Maryland, our highest court has ruled that an unlicensed attorney faces difficulties if he failed to tell the potential client that he was not licensed in the state in which he wanted to represent the client. No attorney client relationship has been formed by this posting. It is hoped that this helps you on your way to find competent local counsel to guide you in this matter.

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Answered on 9/21/99, 4:58 pm

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