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Recent Law School Grad ??Hourly or Salaried???

grosagrosa 3 Posts
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[font size="1" color="#FF0000"]LAST EDITED ON 03-26-03 AT 03:36PM (CST)[/font][p]Law Clerk graduated Law School, Passed the Fl. Bar but has not been admitted, Is it okay to switch from hourly to salary?
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  • jimlegaljimlegal 218 Posts
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    If this person has passed the bar exam and are not yet admitted, they cannot "legally" practice law until they are admitted. Just because a person has passed the bar does not make them authorized to practice law. (A big misconception by the general public) I am sure your state bar has an Unauthorized Practice of Law (UPL) rule, with penalities for violations, which may include incarceration!!! Thus, if the reason for the change is to recognize the person as an attorney, I would wait until they are admitted. If the reason for the change would occur regardless of them being admitted to practice, then I think you could change them to salary, provided they meet the prerequisites for exempt.
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  • Margaret MorfordMargaret Morford 1,143 Posts
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    Check your state laws. Many have an interim practice statute that allows them to practice until they get their bar results or are sworn in. Their job duties will determine whether they are exempt. They might already be exempt as a law clerk depending upon their duties.

    Margaret Morford
    theHRedge
    615-371-8200
    [email]mmorford@mleesmith.com[/email]
    [url]http://www.thehredge.net[/url]
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