A lawyer shall not:
(a) Practice law in a jurisdiction where doing so
violates the regulation of the legal profession in that jurisdiction;
or
(b) Assist a person who is not a member of the bar
in the performance of activity that constitutes the unauthorized practice
of law.
Comment
[1] This rule concerns the unauthorized practice
of law by District of Columbia Bar members in other jurisdictions and
assistance by District of Columbia Bar members in the unauthorized practice
of law by lawyers not admitted in this jurisdiction or by non-lawyers.
The provisions concerning the unauthorized practice of law in the District
of Columbia, including those activities in which a lawyer not admitted
in the District of Columbia may and may not engage, are set forth in
Rule 49 of the Rules of the District of Columbia Court of Appeals.
[2] The definition of the practice of law is established
by law and varies from one jurisdiction to another. Whatever the definition,
limiting the practice of law to members of the bar protects the public
against rendition of legal services by unqualified persons. Paragraph
(b) does not prohibit a lawyer from employing the services of paraprofessionals
and delegating functions to them, so long as the lawyer supervises the
delegated work and retains responsibility for their work. See
Rule 5.3. Likewise, it does not prohibit lawyers from providing professional
advice and instruction to nonlawyers whose employment requires knowledge
of law; for example, claims adjusters, employees of financial or commercial
institutions, social workers, accountants and persons employed in government
agencies. In addition, a lawyer may counsel nonlawyers who wish to proceed
pro se.





