Also known as: law practices · practicing law · practice of law · legal practice
Written by attorneys · grounded in primary & secondary sources — see below
An attorney's professional business consisting of client relationships and the goodwill associated with those relationships.
Lance Lee sold his solo immigration practice to a larger firm. After the closing Lance accepted new clients in the same city and handled their visa matters. The purchaser invoked the sale agreement to bar Lance from continuing that work.
Luna Lang operated a storefront that prepared divorce petitions and advised customers on filing deadlines and evidence rules. She charged a flat fee for each completed packet. The state bar sought an injunction against her continued operation.
Lucas Lee formed a partnership with a certified public accountant to offer tax planning and estate documents. The firm letterhead listed both names and shared profits from legal work. The state disciplinary board charged Lucas with violating partnership restrictions.
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Lena Lawson, a nonlawyer adjuster, negotiated settlements and charged a contingent fee based on recovered amounts. When the insured refused to pay, Lena sued on the fee agreement. The court refused to enforce the contract.
Latoya Lane, a partner, repeatedly made derogatory remarks about a junior associate's national origin during client meetings. The associate filed a grievance alleging the comments occurred in the course of law practice. The grievance committee opened an investigation under the conduct rule.
Leo Lynch, licensed only in State A, appeared in State B court and prepared pleadings for a client. After prevailing, Leo billed the client for the work performed in State B. The client refused payment, citing the lack of a State B license.
The seller must stop practicing in the geographic area or jurisdiction where the sold practice operated. This requirement prevents the seller from competing with the purchaser for the same clients.
Yes. Nonlawyers who prepare legal documents and advise on procedures and remedies engage in the unauthorized practice of law even without holding themselves out as attorneys.
No. Forming a partnership with a nonlawyer is prohibited when any partnership activities consist of the practice of law.
No. Determining losses, negotiating claims, and charging contingent fees for that work amount to the practice of law, so fee contracts for such services are unenforceable.
A lawyer may face discipline for harassment or discrimination based on protected characteristics when the conduct occurs in connection with the practice of law.
No. Unauthorized practice statutes are construed to protect the public, and a lawyer who cannot lawfully practice in the state cannot collect fees for services rendered there.
…Massachusetts ratifying convention, Abraham Holmes objected to this omission precisely on the ground that it would lead to civil-law practices: "The mode of trial is altogether indetermined; . . . whether [the defendant] is to be allowed to confront the witnesses, and have the advantage of cross-examination, we are not yet told. .…