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Supreme Court No. 2008-151-M.P.

In re Application for Registration by the Law Offices of James Sokolove, LLC.

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Present: Suttell, C.J., Goldberg, Flaherty, and Robinson, JJ.

OPINION Per Curiam. "Membership in the bar is a privilege burdened with conditions." 1 This case came before the Supreme Court on September 29, 2009, pursuant to an order directing the parties to appear and show cause why the issues raised herein should not summarily be decided. The petitioners, D'Oliveria & Associates, P.C., DeLuca & Weizenbaum, Ltd., and the Law Offices of David Morowitz 2 (collectively petitioners) are before the Court objecting to the application of the respondent, James Sokolove (Sokolove), to register and practice law as a Rhode Island limited liability entity (Sokolove Law, LLC) in accordance with Article II, Rule 10 of the Supreme Court Rules for the Admission to Practice Law. Because we are satisfied that cause has not been shown, we shall decide the case at this time. We approve the application. 3

1

Justice Cardozo in In re Rouss, 116 N.E. 782, 783 (N.Y. 1917).

In 2008, Mr. Morowitz formed a partnership, under the name "Morowitz & Barry, Ltd.," but he still presses his objection to Sokolove's application. We note at the outset that, as Sokolove himself declares in his papers, should the petitioners or any member of the public believe that Sokolove Law, LLC, has engaged in unethical conduct, then they should feel free to file a complaint with the Supreme Court's Disciplinary Counsel. -13

2

Facts and Travel The papers in this case disclose that Sokolove Law, LLC, is a national law firm with a complex referral system that can refer clients to attorneys throughout the country. The firm's advertisements proclaim that although it "maintains joint responsibility, most cases are referred to other attorneys for principal responsibility." Further, Sokolove Law, LLC's advertisements denote that "Jim Sokolove is licensed to practice law in Massachusetts and New York and that Rhode Island attorneys will represent clients in this state." 4 According to Sokolove, his law firm is approved as a limited liability entity in every jurisdiction, except for California, Virginia, Michigan, Tennessee, and Rhode Island. In those states, other than Rhode Island, the firm is approved to practice law as a limited liability partnership (LLP). Sokolove avers that his firm practices law in every jurisdiction, save for South Dakota and Rhode Island. Additionally, attorney Brian J. Farrell (Farrell) has filed an amicus curiae memorandum in this case to support the license application and has represented to this Court that he is a member of Sokolove Law, LLC, and intends to operate the law firm in this state. According to Sokolove, for many years before this petition arose, he was a partner in a Rhode Island general partnership with attorneys licensed in Rhode Island; this allegation was not refuted. In 2006, however, Sokolove organized a Delaware LLC under the name "The Law Offices of James Sokolove, LLC."
4

He then began the two-

This language was used specifically for Rhode Island advertisements. However, Sokolove advertises throughout the country and presumably adjusts the language for the particular state in which he is marketing his law firm. We also note that this specific advertisement led to one of the three objections that petitioners have levied against Sokolove. (See infra.)

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part process of applying for a license in Rhode Island as a LLC, in accordance with Article II, Rule 10(d) of the Supreme Court Rules: "Within thirty (30) days after filing its limited liability entity charter with the Secretary of State, each limited liability entity formed to engage in the practice of law shall file with the clerk of the Supreme Court a copy of its limited liability entity charter together with an application for license on a form to be prescribed by the clerk * * *." 5 On November 21, 2007, Sokolove filed an application for registration with the Rhode Island Secretary of State, as part one of the licensing process. In January 23, 2008, he then applied for a license with the Rhode Island Supreme Court clerk's office under the firm name, "The Law Offices of James Sokolove, LLC." 6 Mr. Sokolove subsequently filed an amended application with the Secretary of State and this Court, changing the name to "Sokolove Law, LLC." We presume at the outset that Sokolove Law, LLC, has complied with the requirements of the Rhode Island Limited Liability Company Act, G.L. 1956 (chapter 16 of title 7), and the Secretary of State's office. See

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