MARYLAND STATE BAR ASSOCIATION, INC.
COMMITTEE ON ETHICS
ETHICS DOCKET NO. 2007-06
Whether an attorney not licensed to practice in Maryland may conduct a limited immigration practice in Maryland
You inquire whether an attorney who is licensed in California but not in Maryland may conduct a limited immigration practice in Maryland in light of Rule 5.5 (d)(2) of the Maryland Lawyers’ Rules of Professional Conduct.
You state that you will practice from a home office and the practice will be strictly limited to the area of employment- and family- based immigration petitions. Moreover, you state that those areas do not involve state law. With regard to the immigration application process for an employment-based immigration, you advise that the process usually involves the following three phases: (1) labor certification application, (2) immigration petition, and (3) application to adjust status to that of a permanent resident (I-485 application). You further advise that, “If the alien is a nurse, a therapist, an extraordinarily/exceptionally talented [sic], or an outstanding researcher/professor, his/her immigration application will only involve two steps, namely, the immigration petition and adjustment of status.”
With regard to the application process for a family-based immigration you explain that the process usually involves 2 steps: (1) immigration petition and (2) application to adjust status (I-485).
It is at the application to adjust status stage of the immigration process where each applicant must answer “yes” or “no” to the question whether he/she has ever knowingly committed any crime of moral turpitude in or outside of the United States. Your practice will not include that stage.
Maryland Rule 5.5 (d)(2) provides
A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services in this jurisdiction that:
(2) are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction.
Maryland Rule 5.5 generally deals with the unauthorized practice of law. The Ethics Committee may only provide opinions regarding whether a practice is ethical, and may not provide legal opinions. Whether a certain practice, such as your limited immigration practice, constitutes the unauthorized practice of law is a legal issue that can only be determined by the Court of Appeals.
You should review the federal laws to determine if “any federal law or other law of this jurisdiction” permits you to provide immigration services in Maryland. The comments to Rule 5.5 (d)(2) states that a non-Maryland lawyer may provide legal services in this jurisdiction “when authorized to do so by federal or other law, which include statutes court rule, executive regulation or judicial precedent.” Cmt. 18. You are also referred to Ramirez v. England, 320 F.Supp.2d 368, 377 fn.9 (D.Md. 2004), which addressed Rule 5.5(d)(2).
Under Maryland law, one may not practice law in Maryland unless that person is licensed to do so by the Maryland Court of Appeals. See, Md. Code Ann., Bus. Occ. & Prof., §10-206(a). The Committee also refers you to §10-101(h) of the Code which provides a definition of the “practice of law.” The Committee has previously addressed the concerns of non-Maryland attorney, however, none of those opinions is directly related to your inquiry. See, Ethics Docket 2002-19 (may an attorney under “inactive” license status of another state maintain an office in Maryland and practice only before the EEOC); Ethics Docket 2002-09 (whether attorney not admitted to practice in Maryland may practice before non-Maryland courts from office located in Maryland); Ethics Docket 1995-28 (attorney not a member of Maryland Bar practicing trademark law in Maryland). A copy of these opinions are provided herewith, and may also be obtained at www.msba.org.
In addition, you are referred to Rule 701 of the Rules of the U.S. District Court of the District of Maryland, should your limited immigration practice include activity in that court. Rule 701 provides that:
Except as provided in subsection c of this rule, an attorney is qualified for admission to the bar of this District if the attorney is and continuously remains a member in good standing of the highest court of any State in which the attorney maintains his or her principal law office.
Subsection c is not applicable because your principal law office will be in your home office in Maryland. Subsection d, however, is applicable and states that “An attorney who is not a member of the Maryland Bar is not qualified for admission to the bar of this District if the attorney maintains any law office in Maryland.
Should you find a specific statute or other law which permits you to practice immigration in Maryland, you should review Rules 7.1 through 7.4 which relate to the information you must disclose regarding your legal services, including advertising.
REFERENCES:
Maryland Rules of Professional Conduct 5.5, 7.1, 7.2, 7.3, 7.4
Ramirez v. England, 320 F.Supp.2d 368, 377 fn.9 (D.Md. 2004)
Md. Code Ann., Bus. Occ. & Prof., §§10-101, 10-206(a)
Ethics Dockets Docket 2002-19,2002-09, 1995-28
Rule 701 of the Rules of the U.S. District Court of the District of Maryland
ASSIGNED TO: T. Christine Pham
DATE ASSIGNED: August 21, 2006
DATE DISTRIBUTED: November 10, 2006