St. Denis & Davey, P.A.

Legal Malpractice Issues

Attorneys must follow bar rules in any jurisdiction

| Dec 20, 2019 | Legal Malpractice Law |

Attorneys are generally not allowed to practice law in any state or part of a state where they are not licensed to do so. Furthermore, an attorney who is not allowed to practice law in Florida or any other state cannot make it seem as if he or she is able to do so. It is also unlawful for individuals to help other attorneys establish themselves in areas where they are not allowed to practice law.

However, those who are allowed to practice law in any jurisdiction may help an attorney in another jurisdiction on a temporary basis. This is generally true as long as the primary legal professional in a case has authority to practice law where it’s heard. Foreign lawyers may be able to be involved in cases that are tried in the United States. For instance, an attorney for a company that has branches in multiple countries could be allowed to represent that business in the United States.

Foreign legal counsel may also be allowed to work on a case in America if federal law calls for it. If a foreign attorney does represent a client in the United States, that person must be in good standing in the country where he or she is licensed to practice law. They must also be subject to oversight and discipline by that group or another recognized independent body.

Those who engage in intentional wrongdoing may be vulnerable to charges of malpractice. Malpractice may occur if an attorney practices law despite having been disbarred or without ever obtaining proper credentials to do so. Individuals who worked with attorneys who acted in a negligent manner may take legal action against those people. It may be possible to recoup legal fees or other damages in a malpractice case.