The issue of multijurisdictional practice concerns whether and to what extent lawyers can practice law in states in which they are not licensed. Under current law in Nebraska and almost every other state, it may be a violation of both the ethics rules and state law for a lawyer not licensed in that state to engage in activity that constitutes the practice of law, even on a temporary basis. This is law that is no longer practical or necessary and Nebraska should now consider modifying it. In August 2002 the ABA adopted revised Model Rule 5.5. This revised Model Rule significantly changes the prior version of the Model Rule by explicitly permitting lawyers to practice law on a temporary basis in states in which they are not licensed. One of the goals of the Model Rules of Professional Conduct, including its latest revisions, is to promote uniformity in the ethics rules of the fifty states. The existence of multijurisdictional practice, and the recognition that multijurisdictional practice is here to stay, reinforces the need for such uniformity. Because lawyers now move among the states practicing law, uniformity in the ethics rules of the states enhances the ability of lawyers to learn and follow the rules, while it also promotes effective and equal enforcement of those rules.
Multijurisdictional Practice for a Multijurisdictional Profession,
81 Neb. L. Rev.
Available at: http://digitalcommons.unl.edu/nlr/vol81/iss4/7