McCain lawyer practicing law illegally

It looks like McCain lawyer Ed O'Callaghan, a former Assistant United States Attorney for the Southern District of New York, may be practicing law illegally in Alaska.  According to Newsweek, O'Callaghan is serving as legal “consultants” to Thomas Van Flein, the Anchorage lawyer who at state expense is representing Palin and her office in the inquiry. “We are advising Thomas Van Flein on this matter to the extent that it impacts on the national campaign,” he said. “I’m helping out on legal strategy.” A McCain spokesman said Wednesday that, while Van Flein was originally hired last month by the Alaska Department of Law to represent Palin and her office, that arrangement has been changed over the past week and he is now being paid only by Palin and her husband - not state funds. He has not billed the state for his work, the spokesman said.  

The problem is,  pursuant to Alaska Statute 8.08.230, a person who is not a member of the Alaska Bar who while physically present inAlaska “engages in the practice of law” is guilty of a class A misdemeanor. And in Alaska the “practice of law” includes “rendering legal consultation or advice”.

I'm not sure if O'Callaghan may have gotten himself admitted pro hac vice, but I don't know if that's possible for legal advice rendered outside the context of a litigation.