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Whitepaper · Revised July 2023

Home Unauthorized practice of law

UPL compliance, a 50-state survey

How LAWCLERK complies with the prohibition on the unauthorized practice of law in all 50 states and DC. This is the short version; the complete state-by-state analysis lives in the downloadable whitepaper.

50 + DC
Jurisdictions analyzed
5.3 & 5.5
Model Rules anchored
10
Commitments per engagement

Introduction

Why UPL matters for freelance work

The prohibition on the unauthorized practice of law protects the public from receiving legal services from unqualified persons, and every jurisdiction defines "the practice of law" a little differently. That is why the whitepaper takes a state-by-state approach, and why every LAWCLERK engagement is built on the same supervised structure.

Supervised, paraprofessional engagements

Verified Hiring Attorneys, admitted and in good standing, engage Remote Associates in a paraprofessional capacity under the hiring attorney's supervision.

No client contact

Remote Associates work only for the hiring attorney, never for the public, with no client or third-party contact except where a jurisdiction expressly permits it.

The hiring attorney owns the work

Sole professional responsibility for the work product, the client relationship, and the fee always stays with the hiring attorney.

The framework

Model Rules 5.3 and 5.5

Every state has adopted some form of ABA Model Rules 5.3 and 5.5, and they anchor the analysis.

5.3

Responsibilities regarding nonlawyer assistance

Lawyers may use assistance inside or outside the firm so long as they make reasonable efforts to ensure the work is compatible with their professional obligations. Comment 3 expressly permits paraprofessional services; the whitepaper walks through how LAWCLERK's supervision model satisfies the rule.

5.5

Unauthorized practice of law; multijurisdictional practice

A lawyer shall not practice law in violation of a jurisdiction's regulations or assist another in doing so. Comment 2 expressly allows delegating functions to supervised paraprofessionals, and that allowance is the structure LAWCLERK is built on.

By the numbers

One framework. Fifty-one jurisdictions

What the full whitepaper covers. The complete review, Alabama through Wyoming, is in the PDF below.

50 + DC
Jurisdictions analyzed
Each state's statutes, rules, and case law
2
Model Rules anchor the analysis
ABA Model Rules 5.3 and 5.5, adopted in some form by every state
10
Commitments on every engagement
The guardrails every Hiring Attorney agrees to, detailed in the whitepaper

The structure behind every engagement

0
client contact by Remote Associates
0
filings or appearances, unless a state expressly permits
1
supervising attorney responsible for the work
100%
of engagements start with a conflict check
100%
of engagements covered by an NDA
3
things never delegated: the client, the fee, legal advice
"

The rule does not prohibit a lawyer from employing the services of paraprofessionals and delegating functions to them, so long as the lawyer supervises the delegated work and retains responsibility for their work.

5.5
ABA Model Rule 5.5, Comment 2
Model Rules of Professional Conduct

Get the whitepaper

Read the full 50-state review and analysis

The complete whitepaper walks through every jurisdiction's statutes, rules, and case law and explains why using LAWCLERK complies with the ethical obligations in all 50 states and the District of Columbia.