MJP panel sets public hearing.

A special committee studying issues related to lawyers whose practices span state borders has set a public hearing for January and hopes to make its recommendations in March.

The Special Committee on Multijurisdictional Practice, which met September 7 during the Bar's General Meeting, is charged with preparing a response to an ABA commission which is studying the issue.

Chair Richard Gilbert said the ABA panel plans a preliminary report in November and final recommendations submitted by May to the ABA House of Delegates for its August 2002 meeting. That means if the Bar wants to have its input considered, the MJP Committee needs to have its recommendations ready for the Bar Board of Governors' March meeting.

"It's a complex and difficult area, but I don't know how high profile it is with [Bar] members yet," Gilbert said.

The basic issue, he said, is what rules apply to lawyers when they handle legal matters that transcend state lines. But within that apparently simple premise are many tricky questions and hypothetical situations, which the committee hopes will be addressed at the January public hearing. As expressed by committee members, those include:

* Should the pro hac vice rule be expanded to allow the attorney to perform work before the suit is filed if the work is done in anticipation of the suit being filed? (The proposed amendments to the ABA model rules, known as Ethics 2000, would allow this safe harbor.).

* Should an attorney admitted in another state be allowed to come into Florida, the host state, to represent a client in an arbitration or mediation? Currently, there is no rule which allows for this activity, although it is commonplace.

* There is a lawsuit pending in Florida. The defendant is a corporation with a home office in a state other than Florida. Can counsel for the corporation who is admitted in the other state come to Florida to take or defend a deposition in the case?

* What if the litigation is in federal court or involves issues of federal law? What if the issue is pending before a federal agency? How should the rules be changed, if at all, for attorneys employed by the federal government?

* Attorney A is admitted in a state other than Florida. He has a client in his home state who wishes to enter into a contract with a Florida resident (or wishes to purchase. real estate in Florida). The transaction will be governed by Florida law. Should attorney A be able to represent the client in the matter? Is local...