5.05.03. Exceptions to the Unauthorized Practice of Law: Provision of Services on a Temporary Basis When Related to Pending or Contemplated Proceedings [Rule 5.5(c)(2)]

Rule 5.5(c)(2) deals with three different situations.  First, where a lawyer is handling a case in the state where the lawyer is licensed (or has been admitted pro hace vice) and needs to engage in some legal work outside the state.  This could be to interview or depose witnesses, review documents, or conduct negotiations.  This subsection says this ancillary conduct is not considered the practice of law.  Second, the subsection covers a situation where the case has not yet been filed, but the lawyer is investigating before filing suit.  In those situations, the lawyer can engage in that conduct and not engage in the unauthorized practice of law.  The third situation arises when an out-of-state firm is assisting in a proceeding (or probable proceeding).  The firm might expect one of the lawyers to be admitted pro hace vice, but non-admitted lawyers would assist the lawyer in doing legal research and drafting documents.  The subsection makes clear that the conduct of these individuals who are “assisting” the lawyer is not the practice of law.

Carl Counselor is licensed in Florida.  One of his clients has been sued in Florida by numerous defendants who reside all around the United States.  During the course of the proceeding, Carl travels to a number of states to investigate and interview witnesses to develop trial strategy.  Has Carl engaged in the unauthorized practice of law in the states he visited?

No.  Rule 5.5(c)(2) provides that this conduct is not considered the unauthorized practice of law.  If this was not the rule, the client would have to hire a lawyer that is licensed in every state where an investigation would take place.  The rule eliminates this costly requirement.