EDITED BY: Professor Mike Hoeflich
PUBLISHED BY: Joseph, Hollander & Craft LLC
February 29, 2024
READ & DOWNLOAD FULL-TEXT PDF OF LEMR Vol. 5, No. 2
FEATURE ARTICLE: Variations on a Theme: Ethics in Multijurisdictional Licensing and Practice
Twenty years ago, admission to practice law in multiple states generally required either taking multiple bar examinations or meeting state reciprocity rules, which often required a period of practicing law in one’s home state in order to qualify for admission in the second state. It also required that the two states grant reciprocal admission privileges to bar members. The result of these requirements was that many lawyers would only be admitted to practice in one or, perhaps, two states. This has changed significantly as a result of the increased adoption of the Uniform Bar Examination.
The National Conference of Bar Examiners succinctly describes the UBE in the following terms:
It is uniformly administered, graded, and scored and results in a portable score that can be transferred to other UBE jurisdictions.
The important point here is that a person who takes the UBE is able to transfer his bar exam score to all states that accept the UBE and, assuming the score meets the required level for admission, then the person may be admitted to as many states as she qualifies for without taking additional examinations. The UBE has now been adopted in the vast majority of states, including Kansas and Missouri. The ease of obtaining multiple bar admissions is quite striking. I have observed in recent years that recent law graduates seek admission to two, three, or even more states.
Lawyers who become members of more than one Bar need to be aware of the ethics rules about practicing in multiple jurisdictions…
NEW AUTHORITY: To CC, or Not to CC? Attorney Email Ethics
Given the preoccupation of the legal profession with cutting-edge technologies, like artificial intelligence, it is refreshing to see a state continuing to concern itself with ethical questions involving older technologies. In Nebraska Ethics Advisory Opinion for Lawyers 23-01, Nebraska considered several issues that are significant for every lawyer who uses email. The questions presented were:
May lawyers Carbon Copy (CC) or Blind Carbon Copy (BCC) their own client on an email to opposing counsel?
Does the receiving lawyer violate ethics rules by “replying all” to an email where opposing counsel has CC’d opposing counsel’s own client?
The Opinion’s response to these questions centers on the Nebraska version of Rule 4.2, which—like KRPC Rule 4.2—reads:
In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.
Neb. Ct. R. of Prof. Cond. § 3-504.2.
Applying this rule, Opinion 23-01 instructs that a lawyer may not CC her own client in an email to opposing counsel unless the client has given informed consent to the disclosure of the client’s email address…
ETHICS & MALPRACTICE RESEARCH TIP: New Articles from The Current Index to Legal Periodicals
1. Margaret Canary, Compilation, Recent Law Review Articles concerning the Legal Profession, 47 J. Legal Prof. 115 (2022).
2. Natalie Henry, Compilation, Recent Ethics Opinions of Significance, 47 J. Legal Prof. 107 (2022).
These are useful compilations of citations to articles.
3. Ford Mozingo, Note, Balancing the Ethical Responsibilities of the State Attorneys General Using Private Counsel, 47 J. Legal Prof. 247 (2023).
The State Attorney General’s use of private counsel has become more frequent in Kansas recently. This is an interesting student note on the subject.
4. Cameron A. Parsa, Note, Artificial Intelligence and the Pursuit of Fair and Reasonable Fees in Legal Practice, 47 J. Legal Prof. 277 (2023).
As the use of various AI programs becomes more common in law practice, the question of how to charge for its use in an ethical manner is heating up in the courts. We will be doing an LEMR feature on article on this soon.
A BLAST FROM THE PAST: Greatness Without Goodness
What would a finely cultivated mind, united to the best physical constitution be, without moral principle? What but mere brute force, impelled by the terrible energies of a perverted understanding and a depraved heart? How much worse than physical imbecility, is strength employed in doing evil?
—Henan Humphrey, An Address, Delivered at the Collegiate Institution in Amherst, Ms. 35 (Oct. 15, 1823).
READ & DOWNLOAD FULL-TEXT PDF OF LEMR Vol. 5, No. 2
About Joseph, Hollander & Craft LLC
Joseph, Hollander & Craft is a mid-size law firm representing criminal defense, civil defense, personal injury, and family law clients throughout Kansas and Missouri. From our offices in Kansas City, Lawrence, Overland Park, Topeka and Wichita, our team of 25 attorneys covers a lot of ground, both geographically and professionally.
We defend against life-changing criminal prosecutions. We protect children and property in divorce cases. We pursue relief for clients who have suffered catastrophic injuries or the death of a loved one due to the negligence of others. We fight allegations of professional misconduct against medical and legal practitioners, accountants, real estate agents, and others.
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