Professional Ethics for Attorneys

[mal]

I have been asked to bid on a plan that is

outside of the state in which I am currently

licensed. While the issues that arise under

these plans are primarily under ERISA or

the Code, I am hesitant to provide advice

in a state where I am not licensed.

How do others handle this? Does it

depend entirely upon the PR code in

the state where I will be traveling?

[Guest jfp]

Yes, it does depend on the rules of pr of the state.

We've determined, generally, that representations involving matters of federal law (e.g., ERISA and the tax Code), with no court appearances and not involving state law (our engagement letter says we will not address questions of state law), are extremely unlikely to get us into trouble. Our malpractice carrier, which is one of the premier carriers for large law firms, agrees.

[mbozek]

There is an issue of whether a firm that is not licenced in a state can collect fees it is owed. California courts have held that a NY firm that represented a Cal. corporation in a matter arising under federal employment discriminaton law could not collect fees it was owed under a retainer letter because it was not licensed to practice law in Cal. Since collecting a fee would be a matter of state law you should check the case law for recovery of fees by out of state firms.