Name: Rule 5.5 Demystified: What Every New Lawyer Needs to Know to Practice Ethically
Uploaded: 2025-06-26T10:00:00-07:00
Description: This program will explore the parameters of Model Rule 5.5 of the Rules of Professional Conduct. We will discuss the ways that attorneys engage in the unauthorized practice of law, how to avoid such issues, and how the rule may be amended in the future.

Justia Connect Webinars Rule 5.5 Demystified: What Every New Lawyer Needs to Know to Practice Ethically

Overview AI Webinar Summary

Rule 5.5 Demystified: What Every New Lawyer Needs to Know to Practice Ethically

This program will explore the parameters of Model Rule 5.5 of the Rules of Professional Conduct. We will discuss the ways that attorneys engage in the unauthorized practice of law, how to avoid such issues, and how the rule may be amended in the future.

Topics covered include:

Legal Ethics Law Practice

Agenda:

Introductory Overview

Brief introduction of the presenter and his organization
Statement of topics to be covered and anticipated takeaways

Summary of RPC 5.5 Unauthorized Practice of Law

Understanding the Basic Premise of the Rule

How do lawyers engage in UPL under 5.5(a)?

In re Jeanette Conrad, 2014PR00063 (9/21/15)
In re Maurice Salem, 2016PR00043 (1/29/19)

Assisting in the Unauthorized Practice of Law

In re Jeffrey John Aleman, 2012PR00058 (6/4/12)
In re Thomas George Macey, 2012PR00057 (6/5/12)

Connection to RPC 8.5 Choice of Law Rule

Analyzing Subparagraph 5.5(b)

Continuous and systematic presence
Holding oneself out as authorized to practice

Exceptions to the General Rule — Safe Harbors for Temporary Practice

Prerequisites for exceptions to apply
Four safe harbors

Local Counsel
Expectation of authority to practice
ADR matters
Catch-all — relationship to home state practice

House Counsel Rule — Rule 5.5(d) and (e)

Requirements for attorney application
Nexis with Sperry v. FL
Additional limitations on House Counsel practice

Proposals To Modify 5.5

The APRL recommendations
The ABA response
What the future holds

Questions & Answers (as time permits)

Duration of this webinar: 60 minutes

Originally broadcast: June 26, 2025 10:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

Scott Kozlov is introduced as the speaker, with a background in ethics and compliance at the Cook County Clerk's Office and previous experience with the Illinois Attorney Registration and Disciplinary Commission. Scott outlines the agenda for the webinar, focusing on Rule 5.5 and its application, including subparagraph analysis and case precedents. The discussion will also cover the future of Rule 5.5, potential changes, and implications for artificial intelligence in legal practice.

05:08 Understanding Rule 5.5

Scott breaks down Rule 5.5 into three components: prohibitions on unauthorized practice, exceptions for temporary practice, and rules for house counsel. Subparagraphs A and B prohibit unauthorized practice and holding oneself out as authorized without proper authority. Subparagraph C provides exceptions for temporary or limited practice under certain conditions. Subparagraphs D and E relate to house counsel, allowing continuous presence without jurisdictional permission. Scott emphasizes that subparagraph A is frequently charged in Illinois for unauthorized practice violations.

11:20 Unauthorized Practice of Law (UPL) Examples

Unauthorized practice of law (UPL) can occur when attorneys handle matters in jurisdictions where they lack admission, such as federal courts or overlapping jurisdictions. Scott provides examples of UPL cases, including the Jeanette Conrad case, where a Kentucky attorney practiced in Illinois without authorization. Reciprocal discipline can occur when attorneys are disciplined in one jurisdiction, affecting their status in their home jurisdiction. The Maurice Salem case illustrates issues with pro hac vice admission and the consequences of practicing without proper authorization. Scott explains how attorneys can assist others in UPL, such as through unsupervised paralegal work or collaboration with non-attorney agents.

37:30 Safe Harbors and Exceptions

Scott discusses safe harbors under Rule 5.5 C, allowing temporary practice in certain circumstances, such as association with local counsel or pending tribunal proceedings. Scott highlights the importance of understanding jurisdictional interpretations of temporary practice and provides examples of permissible scenarios. The discussion also includes an exception for arbitration, mediation, and other alternative dispute resolution proceedings in certain cases, as well as a catch-all provision. Scott emphasizes the need for attorneys to be aware of jurisdiction-specific rules and safe harbors to avoid unauthorized practice.

47:00 House Counsel and Foreign Attorneys

Rule 5.5 D and E allow U.S. and foreign attorneys to act as house counsel, providing services exclusively for an organization or entity. House counsel can establish a continuous presence in a jurisdiction without general admission, but cannot represent individuals outside the entity. Scott explains the qualifications for foreign attorneys, including the need for a mechanism to revoke practice authorization in their home country.

57:14 Proposed Changes and AI Implications

Proposed changes to Rule 5.5 suggest allowing lawyers to practice in any jurisdiction with proper disclosure, but face opposition from disciplinary attorneys. Scott anticipates modifications to Rule 5.5, particularly regarding vague concepts like 'temporary and limited' practice. Artificial intelligence may affect the administration of Rule 5.5, altering perceptions of unauthorized practice. AI-generated legal documents raise questions about the role of attorneys in advising on AI use and potential UPL implications. Scott recommends resources for new attorneys, including ABA Model Rules and podcasts on Rule 5.5.

01:02:55 Q&A Session Highlights

Scott answers questions about practicing in jurisdictions where attorneys are not licensed, emphasizing the importance of understanding local rules. He discusses the implications of using AI in legal practice and the potential for unauthorized practice charges. Scott advises caution when providing legal advice in jurisdictions where attorneys are not authorized to practice.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Continuing Legal Education (CLE) Credits

*CLE credit is only available to Justia Connect Pros. Not a Pro? Upgrade today>>

California CLE

Status: Approved

Credits: 1.00 Legal Ethics

Earn Credit Until: June 30, 2026

South Carolina CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

Difficulty: All Levels

Earn Credit Until: December 31, 2025

North Carolina CLE

Status: Approved

Credits: 1.00 Ethics

Earn Credit Until: February 28, 2026

Texas CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

Earn Credit Until: May 31, 2026

This presentation is approved for one hour of Legal Ethics CLE credit in California, one hour of Legal Ethics/Professional Responsibility CLE credit in South Carolina (all levels), and one hour of Ethics CLE credit in North Carolina. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours, of which 1.00 credit hours will apply to Legal Ethics/Professional Responsibility credit.

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Speaker

Scott Kozlov Chief Ethics Officer & Legal Counsel
Cook County Clerk's Office

Scott Kozlov is currently the Chief Ethics Officer and Legal Counsel for Cook County Clerk’s Office, where he oversees ethics and compliance efforts, policy enforcement, and investigations of statutory and ordinance violations, among other legal matters. From 2000-2020, he was counsel with the Illinois Attorney Registration and Disciplinary Commission (“ARDC”), investigating and prosecuting hundreds of attorney misconduct matters, assisting in drafting Supreme Court Rule amendments, presenting at attorney ethics seminars, and participating in public outreach programs. Read More ›