The ABA has cited a deadline of November 30th, 2011 for comments on several proposals to make it easier for attorneys to practice across multi-jurisdictional lines. The proposals may be viewed on the ABA's "Ethics 20/20" Commission web page, however, comments may only be submitted via email.
These proposals should be of particular interest to eDiscovery professionals, especially now that cross-border issues are more prevalent than ever with the explosion of cloud computing and other technological advances.
As a Consultant and Attorney, I'm constantly bending over backward to make sure potential clients understand that I'm licensed in California, while at the same time I'm free to consult anywhere. The tension arises when an out-of-state project or case begins with a consulting agreement, then is in danger of meandering into law practice. Clients can't always tell the difference; but I can, and it means having a further conversation to clarify my role.
Heck, the disclaimer on this blawg exists for the same reason!
Any modification to the Rules that would ease this burden would be highly beneficial to eDiscovery professionals. Of course, in my case, I must still defer to the California Rules, but you gotta start somewhere…
Let your voice be heard. Send your comments to the ABA by November 30th, 2011.