August 08, 2005
Law Prof Consulting and Ethics
Posted by Joshua Wright

From ContractsProfBlog,the Wisconsin Supreme Court publicly reprimanded an inactive Wisconsin attorney doing work in Colorado and ordered him to return near $400,000 in fees he had earned pursuant to his agreement with his client.  The facts go something like this: Bolte (the attorney) told the client that he was not licensed to practice, couldn't appear in court, and that she would have to hire a lawyer to pursue any legal claims.  She agreed and they signed an agreement that Bolte would: "investigate, examine, copy, analyze and interpret" documents relating to her lease.  Bolte advised the client that she had a good claim, she hired a lawyer and sued, winning nearly $ 2 million.  Bolte received $388,000 under the agreement.  The client soon thereafter demanded that he renounce all future payments or else she would report him for unauthorized practice.  He refused and she sued in Colorado claiming that their agreement was unenforceable, eventually getting the $388,000 back.  Bolte then did something that was plainly stupid: he transferred his property to a friend in an attempt to avoid the judgment.  In a grievance filed against Bolte in Wisconsin, the Wisconsin Supreme Court held that Bolte's work constituted unauthorized practice and gave him a reprimand.

I imagine the number of law profs that are not licensed in the state they teach but still do manage to do some consulting here and there is quite large.  My immediate response to this story was to find out the rules on waiving into the VA and DC bars...

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Comments (3)

1. Posted by Rob Perelli-Minetti on August 8, 2005 @ 20:08 | Permalink

This to a degree illustrates the perils of our multijurisdictional practice system. In theory we should never advise a client on any law other than that of our admitted jurisdictions. In practice, many commercial matters -- especially business transactions -- have locii in many states.

But, in this situation, I confess to far more sympathy for the lawyer: he did a job of work, the client pursued the claim with an admitted attorney in Colorado and won a substantial verdict. And, now decides to stiff the lawyer. It seems to me that at the very least he should be entitled to some sort of quantum meriut award.

I have run into this problem in practice with the very many would-be investment bankers and business brokers who set up their own shops after leaving the major firms. Of course, the law is that the ought to be registered as broker-dealers, even if they are doing M&A. And the downside is they can't sue for their fees. Most won't spend the money and take the time, even when you put the advice in writing. They all think they'll slide by under the "finder's fee" exceptions.

I've seen several cases where one of these guys has put together a deal, and -- at the closing -- counsel for one of the parties (usually the one paying the fees) 'casually' asks Mr. Finder if he's a registered BD. When the response is "no" the lawyer then huddles with the client. Then the client -- often someone with whom Mr. Finder has been friends for years -- offers Mr. Finder a cut rate fee, usually about 10% of what was agreed, on a 'take-it-or-leave-it' basis, while lawyer informs him that he'll get nothing if he doesn't take it and sign the release they just happen to have prepared.

Legal? Yes. Ugly, you bet. Ethical? no.


2. Posted by Joshua Wright on August 8, 2005 @ 21:57 | Permalink

Like you, I am largely sympathetic to the lawyer here especially because he disclosed the problem to the client. In fact, the lawyer and client worked out an agreement based on the lawyer's disclosure that he would not be able to provide certain services.


3. Posted by Paul Gowder on August 9, 2005 @ 7:31 | Permalink

You'd think for 400 grand, the guy could have spent a few hundred bucks to go to active status in Wisconsin and done his work from there or something. (Many states, dunno about WI, hold that you can do work touching on other state's law so long as you do it in the state you are admitted in.)

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