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Bench & Bar of Minnesota is the official publication of the Minnesota State Bar Association.

Rules of Professional Conduct update

MSBA members Eric Cooperstein and Fred Finch represented the viewpoint of the MSBA’s Rules of Professional Conduct (RPC) Committee at the September meeting of the Lawyers Professional Responsibility Board (LPRB). The LPRB agenda included the RPC Committee’s proposed amendments to Rule 5.5 of the Minnesota Rules of Professional Conduct. The draft amendments were spurred by the Court’s decision in In re Panel File 39302, 884 N.W.2d 661 (Minn. 2016), a case in which a Colorado attorney was held to have engaged in the unauthorized practice of law by emailing a Minnesota attorney on behalf of his Minnesota in-laws. The MSBA was subsequently invited to suggest how the rule could better reflect the bar’s understanding of the meaning of fields of practice “reasonably related” to a lawyer’s practice in a jurisdiction in which the lawyer is licensed. The RPC Committee will review the response of the LPRB, and any comments from MSBA Sections, in determining how to proceed.

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