Understanding Unauthorized Practice of Law (UPL) Outside Your Attorney’s State
In today’s interconnected world, legal issues often cross state lines. As an attorney, it’s not uncommon to receive requests from potential clients who have legal matters outside of the state where you are licensed. However, practicing law in a jurisdiction where you are not authorized can result in serious legal and ethical consequences. This is known as the Unauthorized Practice of Law (UPL).
What is Unauthorized Practice of Law (UPL)?
UPL occurs when an attorney provides legal advice or services in a jurisdiction where they are not licensed to practice. Each state has its own rules and regulations governing what constitutes UPL, but generally, it includes:
Representing a client in a legal matter governed by another state’s laws.
Drafting legal documents specific to another state’s jurisdiction.
Appearing in court or in administrative proceedings without proper authorization.
Providing legal advice on matters that fall under another state’s law.
Why UPL Matters
UPL rules exist to protect consumers from receiving legal services from individuals who may not be knowledgeable about a particular state’s laws. Every jurisdiction has unique statutes, case law, and procedural rules, and attorneys not licensed in a given state may not be adequately prepared to handle cases in that jurisdiction.
Engaging in UPL can result in:
Ethical violations and disciplinary action, including potential suspension or disbarment.
Civil and even criminal liability in some states.
Invalidated contracts or legal documents if they were prepared by an unlicensed attorney.
The inability to recover legal fees if the representation was unauthorized.
Federal Law and Multi-jurisdictional Practice
There are some exceptions where attorneys can practice outside their licensed state. Federal law allows attorneys to handle federal matters, such as trademark law (Lanham Act), immigration law, and patent law, regardless of state licensure. Additionally, some states permit attorneys to appear pro hac vice (for a single case) if they are associated with a local attorney.
One key area where attorneys can represent clients in multiple states is trademark law. Because trademarks are governed by federal law under the Lanham Act, an attorney licensed in any U.S. state can assist clients across the country with trademark searches, registrations, office actions, and disputes before the U.S. Patent and Trademark Office (USPTO). However, litigation involving state trademark laws or business disputes tied to trademarks may still require an attorney licensed in the relevant state.
If you are a business owner or entrepreneur looking to register a trademark, you do not need to find an attorney in your specific state—any qualified trademark attorney licensed in the U.S. can assist you with the federal registration process. This makes it easier for clients to work with trademark specialists rather than being limited to local practitioners who may not have the same expertise.
Criminal Defense and Business Disputes: When You Need a Local Attorney
While I can assist clients nationwide with federal trademark registration, criminal defense is often governed by state law. If you are facing criminal charges outside of Arizona, I cannot represent you in court unless I am admitted pro hac vice in that jurisdiction and working with local counsel. Criminal laws, court procedures, and even prosecutorial policies vary widely from state to state, making it essential to have an attorney who is licensed and experienced in that specific location.
How This Affects Potential Clients
Many potential clients find me through my online presence, including social media platforms like TikTok. While I am happy to educate and inform people about general legal principles, it is important to understand that not all cases can be handled by a single attorney, especially when they involve laws of multiple states.
For Arizona-based clients, I can fully assist with criminal defense, business formation, contract issues, and federal trademark registration. However, if you are a potential client from another state seeking criminal defense or involved in a business dispute, I strongly recommend retaining a local attorney who understands the nuances of that state’s legal system.
If you are a business owner looking for trademark registration, brand protection, or federal intellectual property guidance, I am able to help regardless of where you are located in the U.S. since these matters fall under federal law.
A Responsible Approach to Legal Practice
Attorneys must always prioritize ethical considerations and client protection. While it can be tempting to help clients outside of your jurisdiction, the risks of UPL far outweigh the benefits. By complying with state licensing rules and collaborating with attorneys in other jurisdictions as needed, lawyers can maintain professional integrity and provide clients with the best possible legal representation.
How I Can Help
If you need assistance with federal trademark registration, I can help. If your case involves criminal defense in Arizona, I can provide strong representation and advocacy in the state courts where I am licensed. However, if you are facing a criminal case or business dispute outside Arizona, I recommend engaging a local attorney to ensure compliance with applicable law and secure the best possible outcome.
For out-of-state businesses or individuals needing assistance with federal trademark matters, I am available to guide you through the registration, enforcement, and protection process no matter where you are located in the U.S. If you are unsure about whether I can assist with your legal matter, feel free to reach out, and I can help guide you to the right legal resources for your situation.
