Apparently fairly complex area of the law. This case linked below and the cases cited therein should help you get started. I have had this issue pop up on occasion without much comfort in the correct answer.AttorneyExam wrote:I am licensed to practice law outside of California. I practiced federal law in California for 3 years before taking and passing the bar. I included that info in my moral character application and stressed that I solely appeared before federal judges for federal matters. My analyst informed me that my file needs to be reviewed by another attorney to ensure that I was not engaged in the unauthorized practice of law (Rule 9.40/pro hac vice). I never appeared in state court so I don't understand how/why it would apply to me. On the State Bar website it states that the state bar does not have jurisdiction over federal matters/courts.
Does anyone have any info about this? Any and all input appreciated.
Thanks!
https://scholar.google.com/scholar_case ... ciodt=3,44
The Sperry [ Sperry v. Florida, 373 U.S. 379 (1963)] decision "stands for the general proposition that where federal law authorizes an agent to practice before a federal tribunal, the federal law preempts a state's licensing requirements to the extent that those requirements hinder or obstruct the goals of federal law." Surrick v. Killion, 449 F.3d 520, 530 (3d Cir. 2006) (emphasis supplied); see also In re Desilets, 291 F.3d 925, 930 (6th Cir. 2002) (holding, in unauthorized practice of law case, that "[w]hen state licensing laws purport to prohibit lawyers from doing that which federal law entitles them to do, the state law must give way.").
But there seems to be exceptions or nuances where "state action does not interfere with the requirements of federal law."
I think you should be OK, but I would be prepared with case law if you have to discuss this issue again.