Professional Growth
Bar Admission and UPL: What You Need to Know
February 18, 2022
D.C. Court of Appeals Rule 46 puts forth a long list of requirements that applicants must meet to get admitted to the D.C. Bar, and Rule 49 outlines the prohibition against the unauthorized practice of law in the District of Columbia. To help law graduates and students understand both rules and avoid ethical violations down the road, the D.C. Bar CLE Program is offering the course “Guide to Getting Admitted to the D.C. Bar and Avoiding the Unauthorized Practice of Law” on February 24. The class will be led by Thomas Mason and Lauren Snyder, partners at Harris, Wiltshire & Grannis LLP.
Snyder, an honors graduate of George Washington University Law School, has been practicing law for eight years. At Harris, Wiltshire & Grannis, she focuses on legal ethics and malpractice, complex civil litigation, and government enforcement actions. Snyder has served as both defense and plaintiff’s counsel in a wide range of federal criminal investigations and prosecutions related to price-fixing cartels, mail and wire fraud, “off label” use of medical devices, and financial crimes.
Here Snyder provides a sneak peek into the upcoming CLE class.
Your practice areas are an interesting mix. What drew you into legal ethics?
I left Big Law to join my firm in 2015. I did not know much about ethics beyond what I had learned for the MPRE [Multistate Professional Responsibility Examination]. Luckily, Tom Mason’s office was a couple of doors down from mine. One morning, he walked into my office to ask if I wanted to help with some of his matters, and the rest is history. I love this work and feel fortunate to be able to help my clients navigate complex ethical issues, disciplinary proceedings, investigations, and other ethics matters.
Can you explain the importance of this class for attorneys and nonattorneys?
We often counsel clients on getting admitted to the D.C. Bar as well as avoiding or responding to unauthorized practice of law (UPL) investigations. We hope this will be helpful for potential applicants to the D.C. Bar as well as hiring managers at law firms and other organizations that have lawyers seeking to get admitted to the D.C. Bar.
What can a participant in this class expect to learn?
We review the rules governing admission and UPL and offer tips for getting admitted and avoiding a UPL investigation. … Most often, the UPL investigation is a result of not knowing the rules or how to properly fill out the D.C. Bar application. We hope to educate in this CLE so that applicants can avoid a UPL investigation in the future.
What are some of the most common mistakes attorneys make, leading to a UPL investigation?
For this topic, in particular, we’ve seen well-meaning attorneys fail to submit their D.C. Bar application within 90 days of commencing to practice law in the District. If you move from New York, for example, and start working in D.C., apply as soon as possible, but no later than 90 days after you start working [here]. Otherwise, you will not be able to practice under DCCA Rule 49’s (c)(8) exception, which allows you to practice for 360 days under the supervision of a D.C. Bar member, so long as you submit your application within 90 days. You are also required to use a disclaimer when practicing under this [or other Rule 49 exceptions]. Failure to use the appropriate disclaimer could also result in a UPL investigation
“Guide to Getting Admitted to the D.C. Bar and Avoiding the Unauthorized Practice of Law” runs from 10 a.m. to 12:15 p.m. on February 24. Register here.
