Behind-the-scenes help from an attorney licensed outside your jurisdiction is ethically permissible and can be perfectly workable. The key is defining the assignment and keeping the licensed hiring lawyer in control.
Your California firm needs an emergency research memo on an issue governed by federal law. The ideal freelance lawyer is licensed in New York, has handled the issue many times, and can start today. Can you hire that lawyer? Often, yes
Research and drafting are different from appearing as counsel
California prohibits the unauthorized practice of law, and a California attorney may not knowingly assist someone in violating that rule. But an out-of-state lawyer who provides research, analysis, or drafting behind the scenes is not automatically practicing law in California—especially when a California-licensed lawyer maintains the client relationship, supervises the project, exercises independent judgment, and takes responsibility for the finished work.
A common example is a freelance lawyer who researches an issue and prepares a first draft of a motion. The California lawyer reviews the authorities, revises the analysis, signs the filing, and remains responsible to the client and court. That is very different from asking the out-of-state lawyer to appear at a deposition, sign a pleading, negotiate final deal terms directly for the client, or hold themselves out as California counsel.
Draw the boundary before the project begins
The safest assignments are clear about what the freelance lawyer will—and will not—do. A written project description might authorize research and drafting, while stating that the freelance lawyer will not sign or file documents, make appearances, or negotiate on the client’s behalf unless separately authorized and properly admitted.
Three practical guardrails
- Confirm the lawyer’s active bar status and relevant experience.
- Keep supervision and final legal judgment with counsel licensed in the jurisdiction.
- Do not assign appearances, signatures, direct client counseling, or other jurisdiction-specific acts without confirming the applicable admission rules.
Consider two projects. In the first, an Illinois lawyer with deep ERISA experience drafts an internal memorandum for California counsel, who reviews it and uses it to advise the client. In the second, that same lawyer independently calls the California client, gives advice, negotiates the dispute, and signs correspondence as the client’s attorney. The first scenario is the type of behind-the-scenes assistance ethics authorities have permitted; the second raises a very different set of concerns.
The bottom line: geography and/or licensing does not necessarily limit the talent available to a law firm. Scope, supervision, and accountability matter more. When those pieces are handled correctly, an out-of-state freelance lawyer can be an excellent resource.
For the detailed legal analysis, read Montage’s original article: Does Freelance/Contract Legal Work Violate Rules Prohibiting Aiding and Abetting the Unauthorized Practice of Law?
Key links: California Rule 5.5 | Business & Professions Code § 6125 | Birbrower v. Superior Court
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