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Wisconsin Supreme Court Adopts modified ABA Model Rule 5.5(d)(1)

Posted: Oct 1, 2008

On July 30, 2008, the Wisconsin Supreme Court issued their final order relating to Petition 06-06, amending Chapter 20 Rules of Professional Conduct For Attorneys, effective Jan. 1, 2009.

This order adopts a modified version of ABA Model Rule 5.5(d)(1), as SCR 20:5.5 (d)(1), and will apply to both US admitted lawyers and lawyers admitted in a foreign jurisdiction.  Both classes of lawyers will be able to practice in-house in Wisconsin without being admitted to the Wisconsin Bar.

There will be a "registration" requirement, however, under new rule SCR 10.03 (4)(f), which provides terms of registration for non-Wisconsin admitted lawyers:

(a) registration within 60 days of becoming an in-house counsel in Wisconsin or within 90 days of the effective date of this new rule (by March 31, 2009)

(b) an application in the form of Appendix B to the rule and fee of $250.00 to the Board of Bar Examiners.

(c) documents proving admission to practice in some other jurisdiction,

(d) an affidavit from the employer attesting to the lawyer's employment by the entity and the capacity in which the lawyer is so employed.

The Court also ordered the Board of Bar Examiners to amend its rules to allow corporate counsel’s practice of law in Wisconsin to be considered active practice for purposes of becoming full bar members should they pursue it.

See the order at Supreme Court of Wisconsin July 30, 2008 Order No. 06-06

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