Ethics Hotline & Opinions

ETHICS DOCKET NO. 1989-17

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MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 1989-17

Unlawful Practice of Law


You state that you represent Attorney X who wishes to collect certain fees for services rendered by him. At the time these services were rendered, Attorney X was a member of the Pennsylvania Bar, and he had passed the Maryland Bar Exam but he had not yet been admitted to practice in the State of Maryland. The work done by Attorney X was done from his office in the District of Columbia ""with the advice of counsel,"" an attorney who is a member of the District of Columbia Bar and the Virginia Bar. The client in question was, and is, a Virginia resident, for whom Attorney X rendered opinions regarding the client's investment in a Maryland corporation and regarding certain of the corporation's real estate holdings located in the District of Columbia and Virginia.

In our telephone conversation, you further advised that in connection with rendering opinions for the client, Attorney X probably was physically in the State of Maryland on several occasions, to attend meetings, to look at property, etc.

Based on these facts, you asked the following questions:

  1. Whether, under the above facts, Attorney X was engaged without proper authorization and practicing the profession or performing the services of a Maryland attorney at law within the State of Maryland?
  2. Whether the legal services associated with rendering the services pertaining to the interpretation of Maryland law are collectible?

The Committee is of the view that your questions related to matters of law, not ethics, as to which the Committee does not render opinions.1 Article 10, Section 32 provides for criminal penalties for those practicing law within the State of Maryland without being admitted to the bar:

""(a) Generally - Any person who exacts, demands, takes or receives from any person whatsoever any fee, gratuity, gift, or reward for his advice or service as an attorney at law without having been admitted to the bar agreeably to the provision of this article is guilty of a misdemeanor, and upon conviction is liable to a fine of not more than one hundred dollars, or confinement in jail for not more than thirty days, or both fine and imprisonment, in the discretion of the court.""

Section 32(b) of Article 10 subjects lawyers practicing within the state without being admitted to the bar to disciplinary proceedings. (Note that the statute regulates the practice of law in Maryland, not the practice of Maryland law in another jurisdiction. See, 61 Op. Att'y Gen. 43, (1976).)

Also, whether or not a lawyer admitted in one jurisdiction may conduct incidental transactions in another is a matter of law as to which no opinion is stated. See, Annotated Model Rule of Professional Conduct:

""A lawyer shall not:

  1. Practice law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction; or
  2. Assist a person who is not a member of the bar in the performance of activity that constitutes the unauthorized practice of law.""

Under Rule 8.5, an out-of-state lawyer is subject to disciplinary proceedings in the State of Maryland, for, among other things, holding himself out as practicing law in Maryland.

It is to be noted that the above ethical rules do not purport to define what constitutes the practice of law or the improper practice of law by an out-of-state lawyer. It is a matter of law what constitutes the practice of law within the State of Maryland. Lukas v. Bar Association of Montgomery County, 35 Md. App. 442, 447 (1977). And ""[i]t is a matter of law, not ethics, as to where an individual may practice law."" ABA Formal Opinion 316 (January 18, 1967).

  1Article 10, Section 1 of the Annotated Code of Maryland (1987 Repl. Vol.) provides, in pertinent part:

""A person… may not practice the profession or perform the services of an attorney-at-law within this State without being admitted to the bar…; and any person who shall give legal advice, represent any person in the trial who shall give legal advice, represent any person in the trial of any case at law or in equity…or prepare any written instrument affecting the title to real estate, or give advice in the administration of probate of estates of decedents…, for pay or reward shall be deemed an attorney-at-law for purposes of this article.""


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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.