Multijurisdictional Practice of Law. Practice of Law; (3) a lawyer or law firm may include nonlawyer employees in a compensation or retirement plan, even though the plan is based in whole or in part on a profit-sharing arrangement; and (a) A lawyer shall not practice law in any jurisdiction unless authorized to do so by the laws of that jurisdiction. (b) A lawyer who is not admitted to practice in this jurisdiction shall not: (4) a lawyer may share court-awarded legal fees with a nonprofit organization that employed, retained or recommend- ed employment of the lawyer in the matter. (1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or (b) A lawyer shall not form a partnership with a nonlawyer if any of the activities of the partnership consist of the practice of law. (c) A lawyer shall not permit a person who recommends, employs, or pays the lawyer to render legal services for lawyer’s professional to direct or regulate another judgment in rendering such legal services. the (d) A lawyer shall not practice with or in the form of a professional corporation or other association authorized to practice law for a profit, if: (1) a nonlawyer owns any interest therein, except that a fiduciary representative of the estate of a lawyer may hold the stock or interest of the lawyer for a reasonable time during administration; (2) a nonlawyer is a director or officer of the corporation or occupies a position of similar responsibility in any form of association other than a corporation; or (3) a nonlawyer has the right to direct or control the professional judgment of a lawyer. (SCO 1123 effective July 15, 1993; amended by SCO 1371 effective April 15, 2000; rescinded and repromulgated by SCO 1680 effective April 15, 2009) COMMENT The provisions of this Rule express traditional limitations on sharing fees. These limitations are to protect the lawyer’s professional independence of judgment. Where someone other than the client pays the lawyer’s fee or salary, or recommends employment of the lawyer, that arrangement does not modify the lawyer’s obligation to the client. As stated in paragraph (c), such arrangements should not interfere with the lawyer’s professional judgment. imposes traditional This Rule also limitations on permitting a third party to direct or regulate the lawyer’s professional judgment in rendering legal services to another. See also Rule 1.8(f) (lawyer may accept compensation from a third party as long as there is no interference with the lawyer’s independent professional the client gives informed consent). judgment and (2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction. (c) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that: (1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter; (2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in that proceeding or reasonably expects to be so authorized; (3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or (4) are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice. (d) A lawyer admitted in another United States jurisdiction or in a foreign jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services in this jurisdiction that: to (1) are provided lawyer’s employer or its the organizational affiliates; are not services for which the forum requires pro hac vice admission; and, when performed by a foreign lawyer and require advice on the law of this or another U.S. jurisdiction or of the United States, are based on the advice of a lawyer who is duly licensed and authorized by the jurisdiction to provide such advice; or (2) are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction. (e) For purposes of paragraph (d), the foreign lawyer must be a member in good standing of a recognized legal 54 PROFESSIONAL CONDUCT
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