MARYLAND STATE BAR ASSOCIATION, INC.
COMMITTEE ON ETHICS
ETHICS DOCKET NO. 2012-09
Whether an attorney who is not licensed in Maryland may provide pro bono legal advice and representation on immigration matters to indigent people in Maryland?
Your inquiry states that you direct a farm worker-oriented legal clinic at an out-of-state law school. Each spring break you travel with a group of law students and volunteer interpreters to offer “know-your-rights” and outreach sessions for low income rural immigrant communities located around the Mid-Atlantic region of the United States. These events include one-on-one confidential intake sessions with any individual who want to speak with you. As an experienced immigration practitioner, you and the students under your supervision, offer on-the-spot advice and follow-up representation on immigration matters at no cost to indigent individuals. If representation on state law matters is required, you refer the individuals to appropriate attorneys licensed in the state where the outreach is being conducted for pro bono assistance.
You have been asked to provide such outreach services in Maryland but are concerned whether your activities, as described above, would constitute the unauthorized practice of law inasmuch as you are licensed to practice law in Pennsylvania and New York, but not in Maryland. You state that such activities are specifically permitted under Virginia law and that you conduct activities in Delaware in reliance upon Delaware RPC 5.5(d)(2).
You specifically ask for an opinion regarding whether your proposed outreach in Maryland would comport with Maryland’s unauthorized practice rule and for any necessary steps you should take to ensure compliance.
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). Section 10-101(h) of the Code provides the definition of the “practice of law.”
Our committee, however, does not issue opinions regarding whether particular activity, such as you describe, constitute the unauthorized practice of law. Such a question presents a legal issue that can only be determined by the Maryland Court of Appeals.
Regarding the ethical aspects of your inquiry, Maryland Lawyers’ Rules of Professional Conduct 5.5 generally deals with the unauthorized practice of law and at paragraph (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.
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.
Therefore, you should review federal and state laws, regulations and legal precedents to determine if “any federal law or other law of this jurisdiction” permits you to provide immigration legal services in Maryland. Ramirez v. England, 320 F.Supp.2d 368, 377 fn.9 (D.Md. 2004), which addressed Rule 5.5(d)(2), may also be useful reading.
If you conclude that “federal law or other law of this jurisdiction” authorizes you to practice immigration law in Maryland, then under Rule 5.5 you may do so without violating the Maryland Rules of Professional Conduct even though you are not a member of the Maryland Bar.
Most recently, the Committee has considered the question of whether an attorney who is licensed in another jurisdiction, but not licensed in Maryland, may open a practice in Maryland limited to only immigration matters. Ethics Docket No. 2012-11. This opinion, which will be made available on www.msba.org, may be of assistance to you.
Also of note, the Committee previously addressed the concerns of a non-Maryland attorney in the context of immigration practice in Docket 2007-06 (Whether an attorney not licensed to practice in Maryland may conduct a limited immigration practice in Maryland). Although not directly addressing your specific situation, Docket 2007-06 identified other issues and opinions concerning the unauthorized practice of law: 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). Again, copies of these opinions are available at www.msba.org.
REFERENCES:
Maryland Rules of Professional Conduct 5.5.
Ramirez v. England, 320 F.Supp.2d 368, 377 fn.9 (D.Md. 2004).
Md. Code Ann., Bus. Occ. & Prof., §§10-101(h), 10-206(a).
Ethics Dockets Docket 2012-11, 2007-06, 2002-19, 2002-09, 1995-28.
DATE APPROVED: May 9, 2012