HWG Ethics & Malpractice Group Client Alert (PDF)

By: Hilary P. Gerzhoy, Thomas B. Mason, Courtney Miller, and Amy E. Richardson

Since the beginning of 2025, we have seen a major uptick in UPL investigations in DC. The UPL Committee staff has indicated that the threshold for being referred to the Committee is now lower than it has been historically and the Committee is instituting more investigations.

Those being investigated are typically young lawyers who are starting their careers. It is a time-consuming process that no lawyer wants to go through. The response to an investigation is long and expensive because the Committee seeks narrative answers describing a lawyer’s work history dating back ten years, and accompanying documentation.

We advise against self-representation in these matters. We often get hired by clients after they have unsuccessfully attempted to handle the investigation themselves. So far, we have been successful in shepherding our clients through the investigation to admittance. However, that process often requires changing the title of associates to law clerks, which can cause staffing issues.

Luckily, these cases are easily preventable. The primary rule is that no one can use the “Associate” title externally in any way, even on LinkedIn, until they are admitted somewhere and have submitted a complete and signed a D.C. Bar application. Until then, they must be called a “Law clerk” or “Law graduate,” either of which is fine.

Note that calling someone “Associate. Not admitted in D.C., practicing under the supervision of D.C.-barred lawyers” does not constitute compliance in the absence of a D.C. Bar application submitted before they use the “Associate” title externally. This is extremely common – we frequently have clients who have not submitted their D.C. Bar application, but call themselves an “Associate*” on their website bio and in their email signature believing that the disclaimer brings them into compliance. Often, a new hire submits an application revealing that they used the title “Associate” while working from D.C. prior to submitting their application, which prompts an investigation.

Rule 49 of the D.C. Court of Appeals governs this process. It is complex and is different from ABA Model Rule 5.5 and almost all state UPL rules. As a practice group, we have handled hundreds of these cases and are happy to brief anyone at your firm to help avoid these investigations.

For more information on the HWG Ethics & Malpractice Group please visit: https://hwglaw.com/practices/legal-ethics-and-malpractice/