Ethics Hotline & Opinions

ETHICS DOCKET NO. 2002-19

MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 2002-19

It is unauthorized practice of law for an attorney under "inactive" license status of another state to maintain an office in Maryland and practice only before the EEOC.

 

You inquire whether another attorney, not licensed to practice law in Maryland but on inactive status in another state, not practicing law in Maryland but only practicing before the EEOC, and maintaining an office in Maryland is impermissibly engaged in the unauthorized practice of law.

The Maryland State Bar Ethics Committee issues opinions solely on the proper interpretations of the Maryland Lawyer's Rules of Professional Conduct. Those opinions are advisory only. However, the Committee on Ethics refrains from rendering opinions on inquiries outside its scope as indicated by the Committee's guidelines. Two of these guidelines are clearly applicable to your inquiry.

1a. The Committee does not issue opinions on questions of law, issues likely to be decided by a court or tribunal in existing or threatened litigation, or the propriety of past conduct which may be the subject of disciplinary proceedings or litigation (except in connection with prospectively rectifying such conduct).

1b. The Committee does not usually issue opinions regarding the conduct of someone other than the person requesting the opinion, but may do so upon the request of a professional organization or a Court having jurisdiction over the conduct which is the subject of the request.

Your inquiry is not made on behalf of a professional organization or a court having jurisdiction over the conduct of the other attorney who is the subject of your inquiry. More importantly, the meaning of "inactive status" of a law license from another state is a legal question outside the scope of this Committee. Further, who may "practice" before the EEOC and what that "practice" entails are legal questions to be determined by the EEOC or its applicable rules. Those would not be matters within direct control of a state court.

For the above reasons, the Committee on Ethics respectfully must decline to render an advisory opinion regarding your inquiry.

 

DISCLAIMER: Opinions of the Maryland State Bar Association (MSBA) Ethics Committee are an uncompensated service of the MSBA. This Committee’s opinions are not binding on the Maryland Court of Appeals, Maryland Attorney Grievance Commission, MSBA or this Committee. The reader is advised that subsequent judicial opinions, revisions to the rules of professional conduct, and future opinions of this Committee may render the Opinions stated herein outdated. As such, the Committee’s opinions are advisory only and neither the Committee nor the MSBA assumes any liability whatsoever with respect thereto. Accordingly, reliance upon the opinions of this Committee is solely at the risk of the user.