Practicing law without a license violated




















By creating these five specific "safe harbors" for multijurisdictional practice, this Rule does not address the question of whether other conduct constitutes the unauthorized practice of law. The fact that conduct is not specifically included or described in this Rule is not intended to imply that such conduct is the unauthorized practice of law.

Nothing in this Rule is intended to authorize a lawyer to establish an office or or other permanent presence in this jurisdiction without being admitted to practice here. In addition, nothing in this Rule is intended to authorize an out-of-state lawyer to solicit clients in this jurisdiction.

The safe harbor in this rule does not cover appearances in court or other work for which pro hac vice admission or registration is required under Admission to Practice R. The Rule recognizes that it should be sufficient to rely on the lawyer's jurisdiction of licensure as the jurisdiction with the primary responsibility to ensure the lawyer has the requisite character and fitness to practice law.

Also, the Rule recognizes that a client should be able to have a single lawyer conduct all aspects of a transaction, even if the lawyer must travel to other states.

The safe harbor in this paragraph, however, does not cover transactions that are pending in or substantially related to this state. For these state-related transactions, the out-of-state lawyer is required to seek admission or to associate with a licensed North Dakota lawyer as co-counsel in the representation of the client in the transaction. See paragraph b 4. This Rule provides a temporary safe harbor to a lawyer acting on a client's behalf in preparatory matters before pro hac vice admission, so long as the lawyer reasonably expects to be so admitted.

Such preparatory work might include factual investigations and discovery in connection with litigation or an administrative proceeding where the lawyer reasonably expects to be admitted pro hac vice. The Rule recognizes that association with a lawyer licensed in this jurisdiction is likely to protect the interests of both clients and the public.

The local lawyer may not serve merely as a conduit for the out-of state lawyer, but must actively participate in and share actual responsibility for the representation of the client in the matter. However, non-lawyers cannot practice law on behalf of friends or family members. If there is proof that you did not intend or otherwise did not present yourself as a lawyer, or did not prepare legal documents as a non-lawyer, these may be successful defenses.

Another potential defense measure is if you have proof that you specifically told the client that you were not a lawyer and that you were not giving legal advice, and followed that up with specific instructions to consult a lawyer. Being convicted of unauthorized practice of law can have serious consequences.

You will want a criminal defense lawyer who can give you the best possible to defense to any unlicensed practice of law charges you are facing. Jose Rivera. Law Library Disclaimer. Can't find your category? Click here. Drug Crimes. Speeding and Moving Violations. White Collar Crime. Please provide a valid Zip Code or City and choose a category.

Please choose a category from the list. Please select a city from the list and choose a category. Please enter a valid zip code or city. Please select a city from the list. Such a violation shall be deemed the unlicensed practice of architecture. However, the design of an engineering work by an unlicensed individual or unauthorized business association shall be disciplined by the State Board of Professional Engineers and Land Surveyors pursuant to the provisions of P.

Such a violation shall be deemed the unlicensed practice of engineering. No person, firm, partnership, association or corporation shall bring or maintain any action in the courts of this State for the collection of compensation for services constituting the practice of engineering or land surveying without alleging and proving that he was duly licensed in accordance with this chapter at the time the alleged cause of action arose.

The Superior Court shall have jurisdiction of actions for penalties under this act. Disclaimer: These codes may not be the most recent version.



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