Managing a Multi-Jurisdictional Practice A Simple Guide to Keep a Diligent Practice, 0120 SCBJ, SC Lawyer, January 2020, #24

• Author: By Jessica M. Guevara
• Position: Vol. 31 Issue 4 Pg. 24

Managing a Multi-Jurisdictional Practice A Simple Guide to Keep a Diligent Practice

Vol. 31 Issue 4 Pg. 24

South Carolina BAR Journal

January, 2020

By Jessica M. Guevara

Right after law school, you take the bar exam, pass it and think that it is the end of the story; however, a very important client or a huge case may require you to take another bar exam. Or. maybe you have been in practice for some years now, but you had to move to another state and seek reciprocity. Whatever the situation may be, you still need to fulfill your duties under the ethics law and provide your clients with competent and diligent representation.

It is very important for you to comply, not only with the substantive law of the jurisdiction and its customs, but also with the local bar ethics rule. The Duty of Competence calls us to provide a “competent representation to a client… [and it] requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.”¹ In its comments, the rule considers one of the factors to determine competency to include “any preparation and study”² the attorney does during the representation. Furthermore, we are called to diligently represent our clients,³ and we must do so “despite [any] opposition, obstruction or personal inconvenience to the lawyer.”⁴ Thus, getting acquainted with the local law and rules is very important in any multi-jurisdictional practice.

During my professional career, I moved and obtained some licenses along the way, which include an international license in Caracas, Venezuela, and three United States state licenses (Georgia, South Carolina and New York). During my multi-jurisdictional practice, I have learned a few practical things about keeping a diligent practice, and I would like to share some of these things with you. This is a short practical guide on how to keep yourself diligent and competent while practicing in a jurisdiction you do not live in.

1. Join a local bar section

I will say it again: join a local bar section in that new jurisdiction! I cannot stress this enough. You might think that there is no point in paying the fee if you won’t be able to physically attend the meetings and mixers. However, think again. These resourceful bar sections have targeted emails with relevant information on the area of law that you practice. This means valuable information with legal updates in that jurisdiction for that specific area of law.

Furthermore, sometimes, the sections provide a call-in number for you to attend meetings by phone—thus, you do not have to worry about travelling there once a month, or not being able to attend because of your location. The advantage of joining and attending these meetings is, first, it gives you the opportunity to listen to important legal updates; second, it also gives you the opportunity to give your input as a foreign practitioner; and third, you get to meet local attorneys. Local attorneys can become important allies whenever you need them. For me, the most valuable bar section while not physically present in a jurisdiction has been the Solo and Small Firm Section or the Solo Practitioner Section.

Think about it. When you are the only person licensed in your office in that other specific jurisdiction, you really do not have anyone else to consult with. You are a “solo practitioner.” The Solo and Small Firm Section of the South Carolina Bar, for example, is an excellent place to ask questions regarding local rules, legal updates, referrals, or templates. It is full of wonderful professionals ready to help a fellow attorney with an open hand. Plus, you may end up making many friends.

2. Attend a CLE in-person at least once a year

All right, you passed the bar and paid your dues, but now you need to start thinking about continuing legal education (CLE). Some bars allow a certain number of credits, or even all the credits, to be obtained via various telecommuting options, like in-house credit or on-demand videos. Note, in South Carolina eight of your annual MCLE credit hours can come from seminars that are “alternatively delivered;” six hours must come from live seminars (and this includes in-person, broadcasts to a satellite location and video replays of a live session)⁵ . However no matter where you practice, if you attend a CLE at least once per year in person in that jurisdiction, you will be able to meet local attorneys to whom you can ask questions regarding local practice. You can also network, meet the local bar leadership, and of course, interact with the presenter to ask him or her questions in that specific area of law they are teaching about. For example, I attended a CLE in another jurisdiction this year, and talking to one of the other attendees, I realized that she was a practitioner in the same area of law that I was. So I could ask her some questions about the local law and practice, and we got to exchange contact information for future referrals.

3. Join a bar committee

Joining a bar section provides you with law updates in the area of law you are practicing in, but when you join a bar committee, you become an active member of that bar. Joining a committee allows you to spend some time with fellow practitioners (even if it is just calling in to the meeting) and to give back to the local legal community. It is really important for you to understand the idiosyncrasy of every single jurisdiction you practice in, and the bar committees are a great way to understand the bar members’ needs, aspirations and goals.

The bar committees vary from jurisdiction to jurisdiction, and most have something for every attorney. If you are starting your career, a bar’s Young Lawyers Division might be a good match for you, or if you would like to help the whole legal community, the Ethics Committee of the bar might be another option. So do not be shy and join! There is something for everyone, and joining a committee is a great way to network.

4. “Book” your knowledge

a) Buy local bar publications

You have joined a committee or section at your local bar and you are planning on attending your first CLE there. But you have been assigned to file an execution on a case that your firm previously won on that jurisdiction, or maybe you need to foreclose on a property there. You have never done this before, but you are the only one licensed there, and that makes you the “expert” in that jurisdiction practice in the office. What else can you do? Get a law book published from the local or state bar!

Each state bar (and some county and city bars), usually, has their own publications. What I love about these types of publications is that they explain in a nutshell the applicable law to the task at hand, and then they have templates in the back as appendices. I have used them many times when I encountered something new that I needed to get done and had no one to ask how to do it, or did not have the means to obtain a template.

Templates are really important because they give you a favor for local customs on formatting the documents (you do not want to upset a judge with a lengthy document) and they give you the special wording for standard motions or litigation stages that everyone uses in that locality (you do not want to be seen as an outsider by opposing counsel. For example, in Canada, a Complaint is a Statement of Claim, and in Texas it is called a Petition. Or. even the content of the Summons has different wording and things that need to be said in every jurisdiction).

b) Borrow a book from the local bar’s library

If you do not want to spend the money on the publication because it is a one-time endeavor, use your bar’s library. Many bars have a law library with rich material that is available for free, or for a small fee, to their bar members. Sometimes, the bar may even have the option to get it delivered to you and you only have to pay the shipping rate. Explore what your bar has to offer and take advantage of it. The SC Bar’s Lending Library is available to all members. See a list of available titles, and learn how to check out books at www.scbar.org/lendinglibrary.

5. Pick up the phone

You have researched your issue, written your motion, and proofread it. You think that it is ready to go. However, you still need to find the appropriate court, how file it (it could be in person, mail, or online, depending on the jurisdiction), and the fees. Or. maybe, you did not find a publication on-point that could help you do or write what you needed. In that case just pick up the phone!

If you have a pressing matter that you need to take care of, your local bar may have the answer. Many bars have a peer-to-peer advising program. This program publishes a list of talented members of that bar who are open to help other attorneys with law questions and advice. At the South Carolina Bar, this is called the Lawyer-to-Lawyer Directory and can be found online. This is a great way to get some insight to the local law practice and fulfill your Duty of Diligence^[6] to your client.

Another option for more practical questions it to call the local clerk of court. Although they cannot give you legal advice, they are ready to help when you need them and they can guide you on the how, what, and where of the matter.

6. Associate with a local counsel

Sometimes, even with the utmost effort to learn the law and local customs, your best choice may be to associate with a local counsel. The advantage of using local counsel goes from receiving the court notices directly (so that there is no waiting time for the attorney to act on the case) to having at least two attorneys involved in the case. The reasons may vary, but if you are too far away to attend hearings, or the issue is too complex to take it by yourself this may be a good idea.

A local counsel that has experience in that area of law may be a better to guide you. Furthermore, local counsels already know who to contact in case of any legal “emergency,” and they know the personalities and preferences of the local legal community.

Conclusion

Having a robust, diligent and competent practice in a multi-jurisdictional setting is not impossible. With some effort and involvement with the local bar, you can succeed in all your endeavors in other jurisdictions. Also, do not forget to seek help. One of the best things about being a member of the bar is having at your finger tips hundreds of competent and experienced brothers and sisters that are always ready to help. Happy practice!

Jessica M. Guevara, Esq. is legal counsel at Wood Environment & Infrastructure Solutions, Inc., a subsidiary of Wood PLC, in Atlanta, Georgia. Prior to practicing in-house, she was a civil litigator in the United States and Venezuela (South America).

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Notes:

[1] Rule 1.1 S.C.R.P.C.

[2] Id. at Comment No. 1.

[3] Rule 1.3 S.C.R.P.C.

[4] Id. at Comment No. 1.

[5] South Carolina Supreme Court Commission on CLE and Specialization, www.commcle.org/faqs.html accessed November 12, 2019

[6] Rule 1.3, supra note 3.

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