Do I need to a process server to serve a foreign judgment once filed?

[tbonesays]

Did the debtor file a notice of appeal within 30 days of entry of your Arizona judgment?

Yes, right after we got the judgment. They did not post a bond or anything.

 

[quincy]

Yes, right after we got the judgment. They did not post a bond or anything.

Okay. So you are still waiting on the appeal to work its way through the court. If the defendant’s appeal is not successful, you should be able to go ahead with the domestication of the judgment in Michigan at that time.

And you might want to contact an attorney in Arizona for a personal review.

Good luck.

 

[tbonesays]

Okay. So you are still waiting on the appeal to work its way through the court. If the defendant’s appeal is not successful, you should be able to go ahead with the domestication of the judgment in Michigan at that time.

And you might want to contact an attorney in Arizona for a personal review.

Good luck.

Really important, would it be unauthorized practice of law if he tried to domesticate the judgment in Michigan or any other state not AZ?

 

[quincy]

Really important, would it be unauthorized practice of law if he tried to domesticate the judgment in Michigan or any other state not AZ?

Huh? Who is “he?” I thought this was your legal action.

If the plaintiff is representing himself, he does not need to be an attorney. If you handle a legal action for someone beside yourself, you need to be licensed to practice law.

 

[tbonesays]

Huh? Who is “he?” I thought this was your legal action.

If the plaintiff is representing himself, he does not need to be an attorney. If you handle a legal action for someone beside yourself, you need to be licensed to practice law.

I meant is a local lawyer licensed only on in AZ allowed to domesticate a judgment in MI or any of the other 49 states? Or is that illegal unless he gets admitted to MI first?

 

[Taxing Matters]

I meant is a local lawyer licensed only on in AZ allowed to domesticate a judgment in MI or any of the other 49 states? Or is that illegal unless he gets admitted to MI first?

The lawyer should get admitted first , which can be done in most states for a single representation in that state in a process known as pro hac vice (and pronounced like pro hawk veechay). Or the lawyer might contact a firm in that state to coordinate getting it done.

 

[quincy]

I meant is a local lawyer licensed only on in AZ allowed to domesticate a judgment in MI or any of the other 49 states? Or is that illegal unless he gets admitted to MI first?

What is being appealed, and where? If the judgment in Arizona is being appealed in Arizona, the attorney for the defendant needs to be admitted to practice in Arizona.

 

[tbonesays]

What is being appealed, and where? If the judgment in Arizona is being appealed in Arizona, the attorney for the defendant needs to be admitted to practice in Arizona.

Defense counsel was admitted pro hac vice in AZ. Does Plaintiff's counsel need to be the same in Arizona before registering the judgment?

 

[quincy]

Defense counsel was admitted pro hac vice in AZ. Does Plaintiff's counsel need to be the same in Arizona before registering the judgment?

I am not quite sure I understand your question but, if I understand correctly and if you as plaintiff have or want an attorney to assist you either in Arizona or in Michigan, the attorney you hire must be admitted to practice in the state where you need legal assistance.

 

[tbonesays]

I am not quite sure I understand your question but, if I understand correctly and if you as plaintiff have or want an attorney to assist you either in Arizona or in Michigan, the attorney you hire must be admitted to practice in the state where you need legal assistance.

Alright alrighty.

I AM an attorney. I sued the MI/FL based Defendants in AZ state court on behalf of my client on theories of legal malpractice and breach of contract (my first case ever) They first used their local AZ counsel but as we neared trial they deployed a MI based attorney (admitted pro hac vice, had 25 years of litigation experience).

I won.

They filed a notice of appeal and retained a locally-well known law firm to handle the appeal. While waiting on their appellant's brief I set forth to register the judgment in Michigan and Florida (they operate out of FL).

While we were posting back and forth yesterday, the defense trial counsel filed an objection to our judgment in Michigan. He stated that Mr Tbonesays has held himself out as a Michigan atty . . . this constitutes the unauthorized practice of law . . . we ask this Honorable Court to hold Mr Tbonesays in contempt and award $3,500 in sanctions.

I just don't know how to feel right now.

 

[quincy]

Alright alright.

I AM an attorney. I sued the MI/FL based Defendants in AZ state court on behalf of my client on theories of legal malpractice and breach of contract (my first case ever) They first used their local AZ counsel but as we neared trial they deployed a MI based attorney (admitted pro hac vice, had 25 years of litigation experience).

I won.

They filed a notice of appeal and retained a locally-well known law firm to handle the appeal. While waiting on their appellant's brief I set forth to register the judgment in Michigan and Florida (they operate out of FL).

While we were posting back and forth yesterday, the defense trial counsel filed an objection to our judgment in Michigan. He stated that Mr Tbonesays has held himself out as a Michigan atty . . . this constitutes the unauthorized practice of law . . . we ask this Honorable Court to hold Mr Tbonesays in contempt and award $3,500 in sanctions.

I just don't know how to feel right now.

You should feel embarrassed?

Michigan’s MCL 600.916 Unauthorized practice of law:
http://legislature.mi.gov/doc.aspx?mcl-600-916

American Bar Association Model Rule 5.5 Unauthorized practice of law, multijurisdictional practice of law comments:
https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_5_5_unauthorized_practice_of_law_multijurisdictional_practice_of_law/comment_on_rule_5_5_unauthorized_practice_of_law_multijurisdictional_practice_of_law/

Nice first case ever.

 

[tbonesays]

You should feel embarrassed?


Nice first case ever.

I am.

 

[quincy]

I am.

You might be smart to find an experienced lawyer in your area with whom you can discuss the defendant’s claim of UPL and how best for you to address it.

Good luck.