Probate & Trust Law Section Conference Manual ... - Minnesota CLE

on documents signed by persons in their private capacity, such as official certificates recording the
registration of a document or the fact that it was in existence on a certain date and official and notarial
authentications of signatures”.
In Minnesota, our Secretary of State provides Apostilles to original or certified copies of documents. The
first stop may not be trying to get your document in front of a consulate; your first stop should be to
review the signatories of the convention.
13. I Don’t Need to Worry About Unauthorized Practice of Foreign Law
Sorry. You Still Need to Watch Out for That.
In serving a transnational client, you should explore concepts of international and foreign law. However,
don’t forget that even if you are convinced you clearly understand the provisions of foreign law and its
effect on your client, you are not licensed in that jurisdiction. Just as applying another state’s law to
your client’s situation can open yourself up to unauthorized practice of law claims, so too can applying
another country’s law to your client’s situation.
When speaking of foreign law, you should caution your client that the only way to ensure a clear
understanding is including foreign counsel. That may or may not be feasible. However, best practices
dictate that you caution your client, in writing, that including foreign counsel is advisable. You should
clearly explain, in writing, that you are not licensed in the foreign jurisdiction. Failure to do so may open
you up to unauthorized practice of law claims in the foreign jurisdiction.
IRS Circular 230 Disclaimer: To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this
communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for
the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting,
marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other
transaction addressed herein.
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