(a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

(b) A lawyer who is not admitted to practice in this jurisdiction shall not:

(1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or

(2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

(c) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that:

(1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;

(2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;

(3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or

(4) are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice.

(d) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services in this jurisdiction that:

(1) are provided to the lawyer’s employer or its organizational affiliates and are not services for which the forum requires pro hac vice admission; or

(2) are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction.

Besides d(1), which may help an attorney-agent that is with a firm/corporation and c(1), which may assist an attorney-agent working in conjunction with another attorney who is a member of that state’s bar, a(1) will be the killer. But how often is an attorney-agent bombarded with UPL claims? I cannot think of a single case offhand. Geisel warns that just because we have not seen a flood of cases does not mean that we should become complacent. He warns of the dog-eat-dog nature of the industry and how a conflict over an athlete could spur this type of litigation in the future. Negotiation, dispute resolution, and arbitration are all areas that often coincide with the practice of law, so it definitely should concern attorney-agents that what they do may not really remove that lawyer hat.

The purpose of Disbarring Jerry Maguire is not to scare you from becoming an attorney-agent. Remember all the positives mentioned in Maybe Jerry Maguire Should Have Stuck With Law School. They’re all true. Athletes feel more comfortable with an attorney-agent, and they should! Attorney-agents are better versed on contracts, collective bargaining agreements, negotiation, arbitration, etc. However, all attorney-agents should keep the idea of UPL in the back of their minds. There will always be others looking to take advantage of an opportunity for success, even if it means litigation. Take the necessary precautions, and you will be just fine as an attorney-agent.