Summary
A California licensed lawyer, currently living in Mississippi, is providing pro bono services to a nonprofit. The lawyer is unsure if this constitutes unauthorized practice of law as per ABA Model Rule 5.5. The lawyer is advised to consult with a Mississippi attorney or the Mississippi Bar Association to ensure compliance with state-specific rules. The lawyer is only dealing with federal law and general contracts.Full Conversation
I am a California licensed lawyer who has accepted a pro bono lawyer position for a *(c)* nonprofit, but I live in MS now. I am not licensed to practice law in MS. Can I still work as a virtual pro bono lawyer for the nonprofit without violating any rules or regulations of ethics?
Are you planning to provide legal advice or services that pertain to California law or Mississippi law?
California law and just contract law in general. The nonprofit already has a legal team with * lawyers from DC and Minnesota. I’m just drafting and reviewing contracts for the nonprofit only. I was added as a volunteer contracts lawyer to their legal team.
Are you physically present in California when providing these services or are you doing this remotely from Mississippi?
remotely from Mississippi
Are you aware of the American Bar Association's Model Rule *.* on the unauthorized practice of law?
is this considers the unauthorized practice of law?
Can you confirm if you're only providing services that pertain to federal law or are you also dealing with state-specific laws?
General Information:
- ABA Model Rule *.* prohibits lawyers from practicing in jurisdictions where they're not licensed.
- Exceptions exist for federal law and temporary practice.
I think it is just federal law because I’ll only be drafting and reviewing contracts for them, like Terms and Conditions as well as Memorandum of Understanding, etc.
Are the contracts you're drafting and reviewing related to any specific state laws or are they purely based on federal law?
I think federal because they’re general contracts that one would find in an organization or company. The terms and conditions is for a raffle/lottery and open to individuals internationally as well.
Are these contracts related to any activities that are regulated by Mississippi state law or any other state law?
I don’t know
If you're unsure, it's best to consult with a Mississippi attorney or the Mississippi Bar Association to ensure you're not violating any state-specific rules.
Ok. Thanks so much.
General Information:
- Mississippi Bar Association contact: (*) *-*, * N State St, Jackson, MS *.
- Always consult local Bar Association before practicing law remotely.