Remotely Ethical

Paying Bail and Leaving the State

Listen Later

In this episode of Remotely Ethical, Nicole Hyland and Tyler Maulsby discuss the following topics:

Topic 1: As a lawyer, can I pay for my client’s bail?

In this segment, we discuss:

  • How the recent protests over systemic racism in law enforcement and the judicial system have led to mass incarceration and have spurred many lawyers to ask what they can do to help.
  • Whether lawyers can post bail for their clients, under Rule 1.8(e) and Rule 1.7.
  • What alternatives are available for lawyers who want to help at this time.
  • A proposed amendment to Rule 1.8(e), which would allow pro bono lawyers to provide some financial assistance to clients under certain conditions
  • If you are concerned about this issue and are interested in contributing to a charitable bail fund or learning more about how bail funds work, here is a list of organizations:
  • The Bail Project
  • Brooklyn Community Bail Fund
  • New York Immigrant Freedom Fund
  • National Bail Fund Network

    • In this segment, we discuss:

    • A recent Oregon Supreme Court decision, In re Harris, which concluded that an out-of-state lawyer who moved to Oregon and applied for admission was not engaged in the unlicensed practice of law, but was covered by the state's temporary practice rule.
    • Even though New York has a temporary practice rule, which you can find here, it is unclear whether a New York court would find this conduct to qualify as temporary practice.
    • What out-of-state lawyers who move to New York can do to minimize the risk of UPL, including:
    • promptly applying for admission
    • being supervised by a New York lawyer
    • not "holding out" as a New York lawyer
    • accurately describing one's jurisdictional limitations on all communications, including email signature lines, letterhead, websites, social media, etc.

      • Case Notes From Captivity

      Tyler’s Case Notes: Tyler is enjoying Bad Blood, a book about the Theranos scandal, written by John Carreyrou, the journalist who broke the story. He says it’s a fascinating and quick read.

      Nicole’s Case Notes: Nicole is enjoying the YouTube videos of, Randy Rainbow, who writes and signs satirical songs about current events, usually to the tune of musical theater songs. A recent favorite is “Andy,” – Randy’s tribute to Governor Andrew Cuomo, set to the tune of “Sandy” from the musical Grease. Or, if you’re a traditionalist, enjoy John Travolta singing “Sandy” from the movie version of Grease.

      Watch our Remotely Ethical webcasts on our YouTube channel. 

      For more information about attorney ethics and professional responsibility, please visit professionalresponsibility.fkks.com.

      ...more
      View all episodesView all episodes
      Download on the App Store
      Remotely EthicalBy Nicole Hyland and Tyler Maulsby