QUESTION

Who can practise federal law?

Asked on Nov 16th, 2014 on General Practice - Florida
More details to this question:
I'm trying to get information for a friend who needs legal advice in the USA. I'm not American so the federal/state system is totally new to me - please assume I know nothing! If a lawyer is a member of good standing in the state of Florida law bar, are they also certified to practise federal law in the state of Florida? How can you tell if a lawyer is certified to practise federal law in Florida? Would they be called a member of good standing in the federal bar? Also is there any way to find out if a lawyer has ever been accused of malpractice?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
One doesn't get admitted to practice federal or state law, but rather gets admitted to practice before particular courts, whether federal or state.  There are some federal law claims which can only be heard in federal courts, but most types of claims can be heard in either federal or state court.  What court hears a claim is determined by other factors, such as the parties' domiciles, the amount of the claim, etc. If you are admitted to practice before the Courts of a particular state, you are not automatically admitted to practice before the federal courts in that area, but it is generally just a matter of applying and paying a fee, so most attorneys (at least those who go to court) get themselves admitted to practice before both federal and state courts in their geographical areas.  For example, I am admitted to practice before the state courts of New York, New Jersey, and Connecticut, as well as numerous federal courts in those states and others.  In addition, when I have an out of state matter, it is generally a simple matter to get admitted to practice before the relevant court "pro hac vice", meaning for that one case (that's not the meaning of the latin, but that's what it means in practice.) I'm not aware of any way of knowing for sure if a lawyer has been accused of malpractice.  You may be able to search court information websites to determine if the lawyer has ever been a defendant, and if so what type of case it was, but there may be cases which, for various reasons, won't appear in that search.  Also, frankly, since "malpractice" is a standard accusation made whenever a lawyer tries to collect his/her fee, most lawyers have been accused. In New York, and I assume other jurisdictions, the Court website maintains a list of attorneys who have been punished for ethical violations, if that's helpful.
Answered on Nov 17th, 2014 at 1:03 PM

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