See Rule 5.03. In addition, a lawyer may counsel nonlawyers who wish to proceed pro se, since a nonlawyer who represents himself or herself is not engaged in the unauthorized practice of law. Authority to engage in the practice of law conferred in any jurisdiction is not necessarily a grant of the right to practice elsewhere, and it is improper for a lawyer to engage in practice where doing so violates the regulation of the practice of law in that jurisdiction. However, the demands of business and the mobility of our society pose distinct problems in the regulation of the practice of law by individual states. In furtherance of the public interest, lawyers should discourage regulations that unreasonably impose territorial limitations upon the right of a lawyer to handle the legal affairs of a client or upon the opportunity of a client to obtain the services of a lawyer of his or her choice.
Some states have rules that vary slightly from the text of the ABA Model Rule.
Unauthorized Practice of Law. As can be seen, none of these disciplinary rules provide lawyers with particularly clear guidance as to when and under what circumstances their conduct will result in their violation. Apparently, for purposes of avoiding disciplinary charges, lawyers are presumed to know when their conduct will violate the regulations of the profession in another state. Unfortunately, a lawyer's assertion of good faith in engaging in particular conduct will not likely be an adequate defense to a charge of violation of one of these disciplinary rules. Lawyers need to research the precise language of the unlawful practice of law statutes, rules and regulations of states they have contact with in the representation of clients, unless, of course, they are already admitted to practice there.