Paralegal

Category - Ethics

An attorney is admitted to practice law in Maine and has a law office located in Portland, Maine. The attorney represents a local business that buys lobsters from fisherman and sells them to restaurants in Maine. A distributor located in Boston, Massachusetts wants to enter a contract with the attorney’s client to buy lobsters on a regular basis. The client asks the attorney to travel to Boston to complete the negotiation of the contract. The attorney is not admitted to practice law in Massachusetts. Can the attorney travel to Boston to complete the negotiation?
  1. Yes, because the negotiations are reasonably related to the attorney’s practice in Maine.
  2. Yes, because lawyers are not prohibited from practicing in other jurisdictions.
  3. No, because the attorney would be engaging in the unauthorized practice of law in Massachusetts.
  4. No, unless the attorney associates with an attorney in Massachusetts.
Explanation
Answer: A - Yes, because the negotiations are reasonably related to the attorney’s practice in Maine. “A lawyer admitted in another United States jurisdiction . . . may provide legal services on a temporary basis in this jurisdiction that . . . arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted.” Model Rule 5.5(c)(4). Answer A is the best choice because the negotiations are related to the attorney’s representation of the client’s lobster wholesale business. Answer B is not the best choice because it is an incorrect statement. Answer C is not the best choice because Model Rule 5.5(c)(4) provides an exception. Answer D is not the best choice because, although association is a possible exception, Model Rule 5.5(c)(4) provides a better and simpler solution in this case.
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