Legal Question in Family Law in California
My Fianc� is moving California, but has a degree to practice law in Australia, and she would like to continue practicing family law here in California. What would be the best way to go about this? Can she be a foreign attorney, to provide counseling without being on the California Bar?
2 Answers from Attorneys
First off, you intentionally or or unintentionally fail to mention whether she is actually licensed to practice law in Australia. If not, then it would be completely illegal for her to do anything other than what any lay person would be allowed to do.
If she IS qualified to practice law in Australia, then there are a few exceptions to the State Bar license requirements that might apply. First, she can represent Australian clients in quasi-legal non-judicial proceedings in some circumstances. She may also be able to advise Australian clients in CA about Australian law. Beyond that, it gets a bit dicey and technical. Her best bet is to contact the California State Bar Association and ask them what they think she can and cannot do.
This is not the appropriate category for this question. This should have been posted in the legal ethics category.
She cannot practice law here without being licensed here. The practice of law includes giving legal advice to others about California law, going to court in California, and helping California residents with legal problems.