Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
activities, and level of participation, involvement and control that inhouse counsel and their corporate employer will have in the matter to
avoid any concerns regarding the unauthorized practice of law.
Beyond that, if they venture across state lines, they should be aware
that each state may have different requirements when it comes to
protecting its borders from unauthorized practice. Moreover, most
states may have a complex matrix of ethics rules, statutes and court
rules that bar crossing state lines without a license. Further, the
consequences could be dire not only for in-house counsel but also for
the lawyers corporate employer. Penalties for in-house counsel could
range from professional discipline, sanctions by a court, disqualification
from representation, and reputational injury, whereas for the corporate
employer, the consequences could include criminal or civil penalties,
court sanctions, fines, and loss of attorney-client privilege.
In-house counsel engaged in cross-border litigations for their corporate
employer need to be vigilant in drawing a very careful line between
permitted and prohibited litigation activities to avoid endangering their
license and exposing their corporate employer to liability.
***
Devika Kewalramani is a partner at Moses & Singer LLP and co-chair of
its Legal Ethics & Law Firm Practice. Ms. Kewalramani focuses her
practice on legal ethics, risk management, compliance, loss prevention
and professional responsibility. She serves as the chair of the
Committee on Professional Discipline of the New York City Bar
Association.