State of "Mind?"

Uncle Bob is a fantastic lawyer!  Now he can give you free legal advice for life. Well, that is only if you can get a hold of him, and he isn’t still upset with your mom (his sister).

So, you are driving home from a party and had a little bit too much to drink. And as is with many people who drink too much, you thought you were able to drive, because you only had a few beers and you had those long before you starting driving. Unfortunately the Las Vegas city police thought otherwise and they stopped, arrested you and charged you with driving while being under the influence of alcohol. So, now what do you do? You call Uncle Bob to represent you in court!  But you got pulled over in Nevada and Uncle Bob lives in Georgia. His license to practice law is from Georgia. Is there a problem with that scenario?

Actually, there is a problem. Each state has its own set of rules for allowing a person to practice law in the respective state. The Supreme Court of each state grants the license to practice law but it is administered by the state’s bar association. You may have heard of the phrase, “attorney’s being admitted or belonging to a bar association.”

For the most part an attorney who is licensed to practice law in one state can’t practice law in another. This is true of an attorney from a foreign country as well. Each state has its set of requirements for admission to its bar association. For example, an attorney licensed to practice law in Nevada can’t automatically practice law in Florida unless he also passes the Florida bar examination and applies to be admitted to the state bar. If he is admitted then he may practice law in Florida.

That is the simple explanation and of course there are some exceptions to the rules and in some circumstances a visiting attorney can practice on a limited basis in a state he is visiting. But for the most part, the general rule is that an attorney can practice in a state in which he possesses a license.

So, you better hope you have a relative who practices law in Nevada if you get pulled over during a Vegas trip!

The content in this newsletter is for informational purposes only and is not intended to provide formal legal advice. There is no attorney-client relationship created,  expressly or implied, by subscribing, reading or participating in this newsletter post. If you are in need of legal services, please contact a legal professional in your area for a consultation.