Legal Question in Legal Ethics in Maryland

Unauthorized practice of law

This may be a very basic question - but here goes. I am practicing law in NJ and planning to move to MD within the year. While I am living in Maryland and awaiting admission to the bar there (after taking the exam) can I practice law at all in Maryland? I thought that I just couldn't file papers or appear in court unless I was admitted but someone told me that I cannot have my own practice there until I am admitted in MD. Please help! Thanks.


Asked on 9/08/99, 8:39 pm

2 Answers from Attorneys

Re: Unauthorized practice of law

Md. Rule of Prof. R. 5.5 prohibits the unauthorized practice of law. As a common place, at large law firms, one does primarily admin. type paper work/clerk work while awaiting admission. That is in a supervised setting. Out of state attorneys have articulated rules governing their "practice" admission to this State- see Rules Governing Admission to Bar, Rules 13-15. D. Md. federal court used to allow out of state attorneys admitted to a federal court the ability to get admitted to this federal court, even in absence of State membership. Dunno if still true. Unauthorized practice would be a basis for denial of admission. Hope this helps you work your way through this thicket. No attorney client relationship has been formed between us. Phil

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Answered on 9/09/99, 3:37 pm
Daniel Press Chung & Press, P.C.

Re: Unauthorized practice of law

You cannot practice law in MD until you are admitted there, with very limited exceptions (basically, you can practice with Legal Aid without being admitted). You can, however, assist a licensed lawyer, provided everything you do is under the supervision of a licensed lawyer and you do not render legal advice, sign pleadings, or appear in court (unless you are admitted pro hac vice in a particulart case).

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Answered on 9/09/99, 10:14 pm


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