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Successfully Crossing the State Line: Ethical issues When Your Practice Becomes Multijurisdictional


Level: Advanced
Runtime: 62 minutes
Recorded Date: June 12, 2019
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Agenda


  • Model Rule 5.5 Overview
  • In re Panel File 39302
  • Permitted Practices
  • Lawyer Immobility
  • Hypothetical Part I
  • Hypothetical Part II
  • Federal Practice
  • In-House Counsel
Runtime: 1 hour
Recorded: June 12, 2019

Description

Join Eric T. Cooperstein as he explores the boundaries of ABA Model Rule of Professional Conduct 5.5 addressing multijurisdictional practice. Eric will discuss what actions are clearly permitted, what actions are clearly not, and what actions are someplace in between. We will focus on what it means to practice "in" a jurisdiction; what "temporary" means; and what actions "arise out of or are reasonably related to the lawyer's practice in the jurisdiction in which the lawyer is admitted to practice."

Explore the intricacies of jurisdiction from an ethical perspective. Learn how to identify and generalize the multijurisdictional practice issues created by ABA Model Rule of Professional Conduct 5.5 Become aware of those questions for which there is an answer and those for which no clear law exists on MRPC 5.5 Learn how to apply MRPC 5.5 to your behavior to determine whether your actions are within the parameters of the Rule Understand why some in the practice are studying alternatives to MRPC 5.5.

This program was recorded on June 12th, 2019.

Provided By

American Bar Association
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Panelists

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Eric T. Cooperstein

Founding Attorney
Law Office of Eric T. Cooperstein, PLLC

ERIC COOPERSTEIN started his private law practice devoted to legal ethics in the fall of 2006. He has represented hundreds of lawyers and law firms in ethics and law-practice related matters. Eric is a former Senior Assistant Director of the Office of Lawyers Professional Responsibility, where he worked from 1995 to 2001, and a former member of the 4th District Ethics Committee, on which he served from 2003 through April 2007.

Eric grew up in and around New York City and attended Hamilton College, where he graduated magna cum laude in 1985. Eric left New York to attend the University of Minnesota Law School, from which he graduated cum laude in 1990.

Eric has been fortunate to have had a series of great legal jobs. For the first 18 months after law school, he worked both as an associate at the Minneapolis law firm of Mansfield & Tanick and as a staff attorney at the Legal Aid Society of Minneapolis. Eric continued full time at Legal Aid for over three more years before moving on to the Office of Lawyers Professional Responsiblity (OLPR) in 1995. At OLPR, Eric investigated and prosecuted allegations of attorneys’ violations of the Rules of Professional Conduct, provided hundreds of advisory opinions to Minnesota lawyers, supervised the Trust Account Overdraft Notification Program, wrote articles for Minnesota Lawyer, and presented numerous seminars on ethics issues.

In 2001, Eric joined the Office of the court-appointed Monitor of the black farmers’ class-action settlement regarding race discrimination in USDA farm loan programs. Over the next seven years, Eric played a substantial role in helping the Office issue over 5,700 decisions for class members and the government. The black farmers’ case (Pigford v. Schaffer) is widely recognized as the largest class action civil rights settlement by the government in U.S. history, with over one billion dollars paid to class members.

Eric is also an active volunteer in his community. He serves as a Trustee of First Universalist Church and previously served for six years on the First Universalist Foundation board, four of those as chair. In recent years, Eric has also volunteered for Habitat for Humanity and Emerge. Eric was a “graduate” of the first year of the Hennepin County Bar Association’s LINC program — Lawyers Impacting the Nonprofit Community — a six-month series of seminars designed to train lawyers to serve nonprofit organizations.

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Mary T. McDermott

Senior Lead Counsel, Center for Professional Responsibilty
American Bar Association

Mary McDermott is a Senior Lead Counsel at the ABA's Center for Professional Responsibility.


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