MBE Rules · Professional Responsibility

Unauthorized Practice / Multijurisdictional

Cal. Rules of Prof. Conduct 5.5

The rule

A lawyer not admitted in California shall not establish an office or hold out as having a California practice, nor engage in continuous practice in California, except under specific safe-harbor conditions. In-house counsel registration and temporary practice authorization are available.

In plain English

A lawyer who is not licensed to practice in California cannot set up an office or claim to practice law there. They can only work in California under certain conditions, like being registered as in-house counsel or obtaining temporary practice authorization.

Worked example

An attorney licensed in New York moves to California and starts giving legal advice to local businesses without obtaining the necessary registration. The California bar investigates and finds that the attorney is engaging in unauthorized practice, leading to disciplinary action against them.

Memory hook

No California practice without a ticket – get registered or stay out!

The trap

Exams may present scenarios where a lawyer is providing legal services in California without proper authorization, making it easy to overlook the specific exceptions that allow for temporary practice.

How examiners test it

Questions often involve fact patterns where a non-California lawyer is inadvertently practicing law in California, testing the candidate's knowledge of the safe-harbor conditions for multijurisdictional practice.

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