Memo

To: / All Attorneys, Paralegals, Secretaries and Summer Clerks
From: / Executive Committee
Date: / XXX
Subject: / Limitation of an Attorney’s Activities Prior to Admission in State in Which His or Her Office is Located

Whenever an attorney commences work for the firm (or moves from one firm office to another in a different state) before being admitted in the state in which his or her new office is located, that attorney’s activities must be limited as described below. This applies both to new graduates and lateral hires coming from other states. The limitations on the activities ofnon-admitted attorneys are as follows:

1.All activities of the non-admitted attorney must be under the supervision of an admitted attorney. The admitted attorney must take responsibility for the non-admitted attorney’s work product and must adequately supervise the non-admitted attorney’s activities.

2.If the non-admitted attorney is to have contact with a client, the client should be informed, preferably by the supervising, admitted attorney, that the non-admitted attorney is not admitted in the state.

3.Neither the non-admitted attorney nor any other firm personnel involved in the representation of a client may say or do anything that implies that the attorney is admitted or otherwise misleads the client as to the attorney’s status.

4.Non-admitted attorneys should sign letters (if at all) as follows:

XXX

By:

John Doe

(Not-Admitted in [State])

New graduates generally are not permitted to sign letters at all, except in the name of an admitted attorney who has authorized the signing of his or her name.

5.If the non-admitted attorney uses business cards (which will be permitted only in the case of lateral hires with a demonstrated need for business cards), the cards must state that the attorney is not admitted in the state in which his or her office is located, e.g.:

Jane Doe

Attorney at Law

Admitted in XXX, Not Admitted in XXX

6.The rules stated in paragraphs 1 and 2, above, with respect to clients also apply to contact and communications with third parties.

7.A non-admitted attorney may provide factual information to clients and third parties, including information regarding the opinion of the supervising, admitted attorney with regard to relevant issues, but the non-admitted attorney must make it clear that the opinion is that of the supervising attorney and must never communicate any legal advice as his or her own advice.

8.Generally speaking, the activities of non-admitted attorneys will be limited to research; preparation of pleadings, briefs, contracts and other documents; factual investigation; and assistance of an admitted attorney in preparations for and the conduct of depositions, trials, transactional closings and other activities.

We believe these policies have generally been followed in the past. The purpose of this memorandum is simply to memorialize them and ensure that everyone is aware of them.

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