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The information collected on this page should not be construed as legal advice or legal opinion on specific facts.

This page is not intended as a definitive statement on the subject addressed, but as a tool to provide guidance for in-house counsel. 

Right to Practice Rules by State

  • Alabama

    RULE 5.5 MJP/UPL CURRENT

    Rules and Comments to Rule 5.5
     

    IN-HOUSE COUNSEL RULE

    Lawyers serving as house counsel in Alabama and not licensed members of the Alabama State Bar must register to become authorized house counsel. The purpose of the rule is to facilitate the relocation of individuals who are employed by and provide legal services exclusively for business organizations in Alabama without the necessity of taking and passing the Alabama bar exam.

    The requirements of the authorized house counsel rule promulgated by the Alabama Supreme Court are covered under Rule VIII of the Alabama State Bar Rules Governing Admission.

    For more info, application, and checklist check the Rule VIII web pages.
     

    PRO HAC VICE

    For information and applications contact:

    The Alabama State Bar
    Pro Hac Vice Admissions
    (334) 269-1515
    E-mail: phv@alabar.org
     

    ADMISSION ON MOTION

    You may practice and be admitted to the Alabama State Bar without sitting for the Alabama State Bar exam by complying with the requirements of Rule III of the Rules Governing Admission to the Alabama State Bar.
     

    CONTACT

    Alabama State Bar
    415 Dexter Avenue
    Montgomery, Alabama 36104
    Phone (334) 269-1515
    (800) 354-6154

    Last Updated 14 February 2023.

  • Alaska

    RULE 5.5 MJP/UPL CURRENT

    Rule 5.5 and Comments

    IN-HOUSE COUNSEL RULE

    In-house counsel practice in Alaska is governed by Rule 5.5(d)(1).

    PRO HAC 

    Under Alaska Rule of Civil Procedure 81(a)(2), an attorney may appear pro hac vice upon filing a Rule 81 Motion to Participate. For further information see the Alaska Bar Association’s Page on pro hac vice.

    ADMISSION ON MOTION (ADMISSION BY RECIPROCITY)

    Applicants must have actively practiced in a U.S. state, territory, or D.C. for at least five of seven years immediately preceding application, and have passed a written bar examination in a U.S. jurisdiction offering reciprocity to Alaska attorneys under conditions no more demanding than Alaska’s reciprocity rules. For more information please see Rule 2(2). See also the page on admission by reciprocity.

    Contact

    Alaska Bar Association
    P.O. Box 100279
    Anchorage, AK 99510

    Street Address:
    840 K Street, Suite 100
    Anchorage, Alaska 99501
    Phone (907) 272-7469
    Fax (907) 272-2932
    Email: info@alaskabar.org

    Last Updated 5 March 2023.

  • Arizona

    RULE 5.5 MJP/UPL CURRENT

    Rule 5.5 with comments.
     

    IN-HOUSE COUNSEL RULE

    Pursuant to Rule 38(a), Ariz. R. Sup. Ct., A lawyer who is not a member of the State Bar of Arizona who has been admitted to practice law in another jurisdiction may apply for an Arizona Certificate of Registration of In-House Counsel within 90 days of commencement of their employment. 

    In-house counsel registration is for those lawyers not admitted to practice in Arizona who are employed within the State of Arizona as in-house counsel or a related position for a single for profit or non profit corporation, association, or other organizational entity, which can include its parents, subsidiaries and/or affiliates, the business of which is lawful

    In-house counsel registrants are subject to the disciplinary and disability jurisdiction of the Arizona Supreme Court and the State Bar of Arizona, with the same benefits and responsibilities of active members of the State Bar.

    See more here.

    ADMISSION ON MOTION

    The Arizona Supreme Court allows admission on motion, allowing eligible candidates to bypass the examination and substitute years of successful, ethical active practice as evidence they meet educational criteria.  Candidates must meet specific requirements. See more here.

    PRO HAC VICE

    Arizona Supreme Court Rule 39, Pro Hac Vice, became effective May 1, 2020. An attorney who is not a member of the State Bar of Arizona but is currently a member in good standing of the bar of another state or non-U.S. jurisdiction and eligible to practice before the highest court in any state, territory or insular possession of the United States or foreign jurisdiction may appear as counsel pro hac vice in any case before any state or local court board or administrative agency in the State of Arizona upon compliance with this rule. See more here.

    CONTACT

    State Bar of Arizona
    4201 N. 24th Street Suite 100
    Phoenix, AZ 85016-6266
    Phone: 602.252.4804
    Toll Free: 866.48.AZBAR
    Fax: 602.271.4930

    Last Updated 20 March 2023.
     

  • Arkansas

    RULE 5.5 MJP/UPL CURRENT

    Rule 5.5 with Comments
     

    IN HOUSE COUNSEL RULE

    In house counsel practice in Arkansas is governed by Rule 5.5(d)(1).

    PRO HAC VICE

    Rule XIV of the Rules Governing Admission to the Bar of Arkansas allows admission pro hac vice for non-resident attorneys.  Please find the required form here.

    ADMISSION ON MOTION

    Admission on the Motion in Arkansas is governed by Rule XVI of the Rules Governing Admission to the Bar of Arkansas.

    CONTACT

    Arkansas Bar Association
    2224 Cottondale Lane
    Little Rock, AR 72202
    Phone (501) 375-4606

    Last Updated 20 March 2023.

  • California

    RULE 5.5 MJP/UPL CURRENT

    Rule 5.5 and Comment

    Other Rules

    (1) Rule 9.45 - Registered legal aid attorneys

    An attorney practicing under Rule 9.45 may practice law in California only while working, with or without pay, at an eligible legal aid organization, and at that institution and only on behalf of its clients, may engage, under supervision, in all forms of legal practice that are permissible for a member of the State Bar of California.

    (2) Rule 9.47 Attorneys practicing law temporarily in California as part of litigation

    An attorney may under Rule 9.47 temporarily practice law in California as part of litigation if they meet the requirements in Rule 9.47(b) and adhere to the restrictions in 9.47(d) and abide by the conditions in 9.47(e).

    (3) Rule 9.48 Nonlitigating attorneys temporarily in California to provide legal services

    An attorney may practice under Rule 9.48 if they meet the requirements of 9.48(b) and adhere to the restrictions and conditions of 9.48(d)-(e). Under Rule 9.48 an attorney may provide legal assistance or legal advice in California to a client concerning a transaction or other nonlitigation matter, a material aspect of which is taking place in another jurisdiction where the attorney is licensed to provide legal services, provide legal assistance or legal advice in California on an issue of federal law or of the law of another jurisdiction to attorneys licensed to practice in California, or is an employee of a client and provide legal assistance or legal advice in California to the client or to the client’s subsidiaries or organizational affiliates.

    For further information please see the State Bar of California’s Page on Multijurisdictional practice.

    IN-HOUSE COUNSEL RULE

    Rule 9.46 permits in house counsel to practice in California only to the qualifying institution that employs the attorney. An attorney practicing under Rule 9.46 cannot make court appearances in California state courts or engage in any activities for which pro hac vice admission is required if they are performed in California by an attorney who is not a member of the State Bar of California and the attorney may not provide personal or individual representation to any customers, shareholders, owners, partners, officers, employees, servants, or agents of the qualifying institution. Please see subsections (c), (d) and (f) for eligibility and application requirements. In-House counsel must renew his/her registration annually and there is no limitation on the number of years house counsel may register under this rule except that you must remain employed by the same qualifying institution that provided the declaration in support of your application. If registered house counsel leaves he employment he/she must notify the State Bar of California within 30 days. To practice as house counsel for a new employer, you must first register as in-house counsel for that employer.

    PRO HAC VICE

    Rule 9.40 governs pro hac vice admission in California. If you are a resident, regularly employed in or regularly engaged in substantial business, professional, or other activities in California you are not eligible to appear as counsel pro hac vice. Further, the Rule does not condone repeated appearances as counsel pro hac vice. Please see subsection (c)-(d) for application instructions. For further information please see The State Bar of California’s Page on Pro Hac Vice.

    ADMISSION ON MOTION

    California does not allow admission without examination.

    CONTACT

    The State Bar of California

    San Francisco (Main Office)
    180 Howard Street
    San Francisco, CA 94105
    Phone (415) 538-2000

    Los Angeles
    845 S. Figueroa St.
    Los Angeles, CA 90017-2515
    (213) 765-1000

    State Bar Ethics Information

    Last Updated 20 March 2023.

  • Colorado

    RULE 5.5 MJP/UPL CURRENT

    Rule 5.5 and Comments
     

    IN-HOUSE COUNSEL RULE

    Colorado in-house counsel practice is governed by Rule 204.1(1).
     

    PRO HAC VICE

    An out of state attorney as defined by Rule 205.1 may be permitted to appear on a particular matter in any state court of record by meeting certain requirements pursuant to Rule 205.3. For more information, please see the pro hac vice Page.

    ADMISSION ON MOTION

    Governed by Colorado Rule of Civil Procedure 203.2.

    CONTACT

    Colorado Bar Association
    1290 Broadway, Suite 1700
    Denver, CO 80203
    Phone (303) 860-1115

    Colorado Supreme Court Board of Law Examiners

    Last Updated on 21 March 2023.

  • Connecticut

    RULE 5.5 MJP/UPL

    Rule 5 in Connecticut Practice Book
     

    IN-HOUSE COUNSEL RULE

    Connecticut’s Rule 5.5(d) governs in house counsel practice.

    PRO HAC VICE

    Connecticut’s pro hac vice admission is governed by Section 2-16. For more information, please visit the Connecticut pro hac vice page.

    ADMISSION ON MOTION

    Pursuant to Section 2-13, to be admitted without sitting for the Connecticut Bar Exam, the applicant must meet certain requirements.

    CONTACT

    Connecticut Bar Association
    30 Bank Street
    New Britain, CT 06051
    Phone (860) 223-4400
    Fax (860) 223-4488
    Email: msc@ctbar.org

  • Delaware

    RULE 5.5 MJP/UPL CURRENT

    Rule 5.5 with Comments
     

    IN-HOUSE COUNSEL

    See Delaware Supreme Court Rule 55.1.

    PRO HAC VICE

    Delaware has a number of pro hac vice rules. They include:

    (1) Delaware Supreme Court Rule 71 on Admission pro hac vice with a filing fee of $300;

    (2) Delaware Supreme Court Rule 72 on Admission pro hac vice before administrative agencies of this State with a filing fee of $300;

    (3) Delaware Superior Court Rule 90.1 on Admission pro hac vice with a filing fee of $300; and

    (4) Delaware Court of Chancery Rule 170(b) with a filing fee of $100.

    ADMISSION ON MOTION

    Delaware does not have an admission on motion rule.

    CONTACT

    Delaware State Bar Association
    405 North King Street
    Suite 100
    Wilmington, DE 19801
    Phone: (302) 658-5279
    Fax: (302) 658-5212

    Last Updated 22 March 2023.

  • District of Columbia

    RULE 5.5 MJP/UPL CURRENT

    Rule 5.5 and Comments
     

    IN-HOUSE COUNSEL RULE

    D.C. Ct. App. R. 49(c)(6) excludes “internal counsel” not licensed in D.C. from the unauthorized practice of law prohibitions, provided counsel restricts legal advice to his or her corporate employer.

    PRO HAC VICE

    Rule 49(c)(7) of the District of Columbia Court of Appeals provides for the admission of out-of-jurisdiction lawyers pro hac vice in the courts of the District of Columbia. Rule 49(c)(7)(i) restricts any lawyer from applying for pro hac vice admission in the District of Columbia in more than five cases per calendar year, “except for exceptional cause shown to the court.” Applicants must complete and file an application and a sworn statement attesting under penalty of perjury to a variety of things, including that there are no disciplinary complaints pending against the lawyer for violation of the rules in the jurisdictions in which he or she is admitted, that the lawyer has not been suspended or disbarred for disciplinary reasons in any other court, that the lawyer is associating with a member of the D.C. Bar, and that the lawyer does not practice or hold him or herself out to practice in the District of Columbia. The lawyer must also acknowledge the power and jurisdiction of the D.C. courts over his or her professional conduct and agree to be bound by the District’s rules of professional conduct in the matter in which the lawyer is admitted to appear.

    Please visit this Page for the necessary forms and additional information.

    ADMISSION ON MOTION

    Pursuant to Rule 46(e), to practice without having to sit for the D.C. bar exam you must submit proof of good moral character as it relates to the practice of law, be a member of good standing of a bar of a court of general jurisdiction in any state or territory in the US for a period of five years immediately preceding the filing of the application or has been awarded a JD or LLB by an ABA approved law school at the time the degree was awarded or has been admitted to the practice of law in any state or territory of the United States upon the successful completion of a written bar examination and has received a scaled score of 133 or more on the Multistate Bar Examination which the state or territory deems to have been taken as a part of such examination, and have taken and passed the Multistate Professional Responsibility Examination.

    CONTACT

    The District of Columbia Bar
    901 4th Street, NW
    Washington, D.C. 20001
    Phone: 202.737.4700
    Toll Free: 1.877.333.2227
    memberservices@dcbar.org

    Committee on Admissions

    Last Updated 5 January 2021.

  • Florida

    RULE 4-5.5 MJP/UPL CURRENT

    Rule 4-5.5 and Comments
     

    IN-HOUSE COUNSEL RULE

    Fla. Bar R. Ch. 17 allows for special registration without examination for in-house counsel licensed in another U.S. jurisdiction, provided that activities are limited to counsel’s corporate employer. Counsel may not represent the employer in state courts without authorization.

    PRO HAC VICE

     

    Florida has several rules governing pro hac vice, they are:

    (1) Rule 2.510 of the Florida Rules of Judicial Administration allows admission pro hac vice

    (2) Rules Regulating the Florida Bar Rule 1-3.11

    (3) Florida Rule of Appellate Procedure Rule 9.440.

    ADMISSION ON MOTION

    Florida does not have a provision that allows for admission on the motion.

    CONTACT

    The Florida Bar
    651 E. Jefferson Street
    Tallahassee, FL 32399-2300
    Phone (850) 561-5600

    Last Updated 23 March 2023.

  • Georgia

    RULE 5.5 MJP/UPL CURRENT

    Rule 5.5 and Comments
     

    IN-HOUSE COUNSEL RULE

    In-house counsel practice in Georgia is governed by Rule 5.5.

    PRO HAC VICE

    Pursuant to Rule 4.4 of the Uniform Superior Court Rules, applicants should serve a copy of their verified application to the Office of the General Counsel of the State Bar of Georgia. Applicants should deliver a copy of the application and the fee to:

    Office of the General Counsel
    State Bar of Georgia
    104 Marietta St. NW
    Suite 100
    Atlanta, Georgia 30303
    Attn: Kathy Jackson

    Please contact Kathy Jackson at 404-526-8603 or kathyj@gabar.org for additional information.

    ADMISSION ON MOTION

    Application for Admission on Motion without Examination requires two separate submissions. One must complete the Petition for Admission on Motion without Examination as well as the Application for Certification of Fitness to Practice Law. Both will be submitted through an online application system.

    Please visit this page for more information.

    CONTACT

    State Bar of Georgia
    Atlanta Office:
    104 Marietta St. NW, Suite 100
    Atlanta, GA 30303
    Phone (404) 527-8700
    (800) 334-6865

    Office of Bar Admissions
    Supreme Court of Georgia
    Office of Bar Admissions
    Nathan Deal Judicial Center
    330 Capitol Avenue, SE
    Suite L200
    Atlanta, GA 30334
    404-656-3490

    Last Updated on 23 March 2023.

  • Hawaii

    RULE 5.5 MJP/UPL CURRENT

    Rule 5.5 and Comments
     

    IN-HOUSE COUNSEL RULE

    No rule.
     

    PRO HAC VICE

    See  HI Supreme Court Rule 1.9
     

    ADMISSION ON MOTION

    No rule.

    CONTACT

    Hawaii State Bar Association
    Alakea Corporate Tower
    1100 Alakea Street, Suite 1000
    Honolulu, HI 96813
    (800) 537-1868

    Last Updated on 24 March 2023.

  • Idaho

  • Illinois

  • Indiana

  • Iowa

  • Kansas

  • Kentucky

  • Louisiana

     

    RULE 5.5 MJP/UPL CURRENT

    Rule 5.5
     

    IN-HOUSE COUNSEL RULE

    Louisiana Supreme Court Rule XVII Section 14 governs limited admission for in-house counsel. The rule allows non-admitted lawyers who are employed by corporate or associational clients to receive a limited license to allow them to perform legal work for their employers. However, the rule does not allow in-house counsel to make appearances in court as lawyers.

    PRO HAC VICE

    Pro hac vice in Louisiana is governed by Louisiana Supreme Court Rule XVII Section 13.

    ADMISSION ON MOTION

    There is currently no provision for admission without examination.

    CONTACT

    Louisiana State Bar Association
    601 St. Charles Avenue
    New Orleans, LA 70130-3404
    Phone (504) 566-1600
    (800) 421-LSBA (5722)

    Last updated: 23 March 2023.

  • Maine

    RULE 5.5 MJP/UPL CURRENT

    Rule 5.5 and Comments
     

    PRO HAC VICE

    Title 4 Section 802 of Maine Revised Statutes states:

    Attorneys who are practicing law in other states, territories or foreign countries may be admitted on motion to try cases in any of the courts of this State by those courts, but shall not be admitted to the general practice of law in this State without complying with section 805-A.

    Pursuant to Maine R. Civ. P. 89(b), on motion by a member in good standing of the Maine Bar, a visiting attorney may practice in a particular action if at all times they associate a member of the Maine Bar who signs all papers filed with the court.

    ADMISSION ON MOTION

    Maine Bar Admission Rule 11A only allows reciprocal admission for attorneys admitted in Vermont and New Hampshire or has actively practice law in other jurisdictions for at least 5 of the 7 years immediately preceding the date of application. 

    Maine Board of Bar Examiners Application Procedures

    CONTACT

    Maine State Bar Association
    124 State Street
    Augusta, ME 04330
    Phone (207) 622-7523
    Fax (207) 623-0083
    Email: info@mainebar.org

    Last updated 24 March 2023.

  • Maryland

    RULE 19-305.5 MJP/UPL CURRENT

    (a) An attorney shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

    (b) An attorney who is not admitted to practice in this jurisdiction shall not:
    (1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or
    (2) hold out to the public or otherwise represent that the attorney is admitted to practice law in this jurisdiction.

    (c) An attorney admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that:
    (1) are undertaken in association with an attorney who is admitted to practice in this jurisdiction and who actively participates in the matter;
    (2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the attorney or, or a person the attorney is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;
    (3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the attorney’s practice in a jurisdiction in which the attorney is admitted to practice and are not services for which the forum requires pro hac vice admission; or
    (4) are not within paragraphs (c)(2) or (c)(3) of this Rule and arise out of or are reasonably related to the attorney’s practice in a jurisdiction in which the attorney is admitted to practice.

    (d) An attorney admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services in this jurisdiction that:
    (1) are provided to the attorney’s employer or its organizational affiliates and are not services for which the forum requires pro hac vice admission; or
    (2) are services that the attorney is authorized to provide by federal law or other law of this jurisdiction.

    (e)(1) In this section, “foreign attorney” means an attorney who (A) is not admitted to practice law in any United States jurisdiction, (B) is a member in good standing of a recognized legal profession in a country other than the United States and, as such, is authorized to practice law in that country, (C) is subject to effective regulation and discipline by a duly constituted professional body or a public authority of that country, and (D) has not been disbarred or suspended from the practice of law in any jurisdiction of the United States.
    (2) A foreign attorney may not establish an office or other systematic and continuous presence in this State for the practice of law, or hold out to the public or otherwise represent that the attorney is admitted to practice law in this State. Any violation of this provision or any material misrepresentation regarding the requirements in subsection (e)(1) of this Rule by the foreign attorney will subject the foreign attorney to liability for the unauthorized practice of law.
    (3) A foreign attorney, with respect to any matter, may (A) act as a consultant to a Maryland attorney on the law and practice in a country in which the foreign attorney is admitted to practice, including principles of international law recognized and enforced in that country and (B) in association with a Maryland attorney who actively participates in the matter, participate in discussions with a client of the Maryland attorney or with other persons involved with the matter, provided that the Maryland attorney shall remain fully responsible to the client for all advice and other conduct by the foreign attorney with respect to the matter.

    Comments to Rule 5.5

    IN-HOUSE COUNSEL RULE

    Pursuant to the Annotated Code of Maryland, Business Occupations and Profession Article, 10-206 (d), an individual who is employed by the corporation and is admitted to the Bar of any other state may give legal advice to that corporation in this State without being admitted to the Maryland Bar. Such a person is subject to disciplinary proceedings as the Maryland Rules provide and may not represent the corporation before a unit of the State government or of a political subdivision unless a court grants the individual a special admission per Section 10-215.

    PRO HAC VICE

    Maryland Annotated Code Section 10-215 of the Business Occupations and Professions Article allows special admission to practice law in a particular case.
    Also applicable are Rules 19-214, 19-215, and 19-216 of the Rules Governing Admission to the Bar.

    ADMISSION ON MOTION

    Rules 19-212 and 19-213 of the Rules Governing Admission to the Bar allows for a special essay examination limited in scope to the Maryland Rules on practice and procedure in civil and criminal matters and the Maryland Rules of Professional Conduct if eligible. If you are not qualified to take the special limited examination, like recent law school graduates, you must take the General Bar examination.
    For more information please see the State Board of Law Examiners Page.

    CONTACT

    Maryland State Bar Association
    520 W. Fayette St
    Baltimore, MD 21201
    Phone(410) 685-7878
    (800) 492-1964
    Staff Directory

    Last Updated 7 January 2021

  • Massachusetts

    RULE 5.5 MJP/UPL CURRENT

    Massachusetts Rules of Professional Conduct, Unauthorized Practice of Law; multijurisdictional practice of law Rule 5.5 with comments.

    IN-HOUSE COUNSEL RULE

    Massachusetts in house practice is governed by Rule 5.5(d). Under Supreme Judicial Court Rule 4:02, Section (9), in house counsel are required to register with the board, make customary filings, and pay the annual registration fee.

    PRO HAC VICE

    Massachusetts General Laws, Section 46A of Chapter 221

    Massachusetts Supreme Judicial Court Rule 3:15 (Pro hac vice registration fee)

    ADMISSION ON MOTION

    Admission on Motion is governed by Massachusetts Supreme Judicial Court Rule 3:01, section 6.

    CONTACT

    Massachusetts Supreme Judicial Court Resources for Attorneys and Bar Applicants

    John Adams Courthouse

    1 Pemberton Square, Suite 2500

    Boston, MA 02108

    (617) 557-1000

    Massachusetts Bar Association
    20 West Street
    Boston, MA 02111
    Boston office (617) 338-0500
    Springfield office (413) 731-5134

    Last Updated 10 March 2023.

  • Michigan

    RULE 5.5 MJP/UPL CURRENT

    (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

    (b) A lawyer who is not admitted to practice in this jurisdiction shall not:
    (1) except as authorized by law or these rules, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or
    (2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

    (c) A lawyer admitted in another jurisdiction of the United States and not disbarred or suspended from practice in any jurisdiction may provide temporary legal services in this jurisdiction that:
    (1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;
    (2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer or a person the lawyer is assisting is authorized by law to appear in such proceeding or reasonably expects to be so authorized;
    (3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or
    (4) are not covered by paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice.

    (d) A lawyer admitted in another jurisdiction of the United States and not disbarred or suspended from practice in any jurisdiction may provide legal services in this jurisdiction that:
    (1) are provided to the lawyer’s employer or its organizational affiliates and are not services for which the forum requires pro hac vice admission; or
    (2) are services that the lawyer is authorized by law to provide in this jurisdiction.

    Comments to Rule 5.5

    IN-HOUSE COUNSEL RULE

    Rule 5(D) of the Rules for the Board of Law Examiners allows a special certificate of qualification to practice law without examination for attorneys “practicing law in an institutional setting,” provided counsel is licensed in good standing in another U.S. jurisdiction and has actively practiced law for at least three of the five years immediately preceding the application. The certificate terminates if counsel leaves the institution, but he or she may reapply for a new certificate if a new position is found with another Michigan employer.

    PRO HAC VICE

    Michigan Supreme Court Rules Concerning the State Bar of Michigan Rule 15 Section 2 allows temporary permission to practice to foreign attorneys.

    ADMISSION ON MOTION

    Pursuant to Michigan Compiled Laws Section 600.946, applicants must be licensed and in good standing to practice law in the high court of any U.S. state, territory, or district, have actively practiced or taught law as their principal occupation for the past three of five years immediately preceding application, and intend to maintain an office and actively practice in Michigan.

    CONTACT

    State Bar of Michigan
    Michael Franck Building
    306 Townsend Street
    Lansing, Michigan 48933-2083
    Phone (517) 346-6300
    (800) 968-1442

    Last Updated 7 January 2021

  • Minnesota

    RULE 5.5 MJP/UPL CURRENT

    (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so, except that a lawyer admitted to practice in Minnesota does not violate this rule by conduct in another jurisdiction that is permitted in Minnesota under Rule 5.5 (c) and (d) for lawyers not admitted to practice in Minnesota.

    (b) A lawyer who is not admitted to practice in this jurisdiction shall not:
    (1) except as authorized by these rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or
    (2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

    (c) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction which:
    (1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;
    (2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in the proceeding or reasonably expects to be so authorized;
    (3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or
    (4) are not within paragraphs (c)(2) or (c)(3) and involve the representation of a family member or arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice. Such reasonably related services include services that are within the lawyer's recognized expertise in an area of law, developed through the regular practice of law in that area in a jurisdiction in which the lawyer is licensed to practice law. 

    (d) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services in Minnesota that exclusively involve federal law, tribal law or the law of another jurisdiction in which the lawyer is licensed to practice law, provided the lawyer advises the lawyer's client that the lawyer is not licensed to practice in Minnesota.

    Comments to Rule 5.5

    IN-HOUSE COUNSEL RULE

    Rule 9 require house counsel to be licensed in Minnesota. In house counsel can be admitted without taking the Minnesota bar examination if they are licensed in another state, have practice law for three of the last five years, and if the practice was in Minnesota or in another jurisdiction. To be licensed house counsel temporarily refer to Rule 9 and for a permanent house counsel license refer to Rule 10.

    PRO HAC VICE

    Minnesota has various rules governing pro hac vice. They are as follows:
    Minnesota Statutes Section 481.02 Subdivision 6; Minnesota Rules of Appellate Procedure Rule 143.05 Subdivision 1 https://www.revisor.mn.gov/court_rules/ap/subtype/rcap/id/143/; and Minnesota General Rules of Practice for District Courts Rule 5.
     

  • Mississippi

    RULE 5.5 MJP/UPL CURRENT

    A lawyer shall not:

    (a) practice law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction; or

    (b) assist a person who is not a member of the bar in the performance of activity that constitutes the unauthorized practice of law.

    Comments to Rule 5.5

    IN-HOUSE COUNSEL RULE

    Mississippi does not have an exception for in-house counsel acting without bar admission.

    PRO HAC VICE

    Mississippi pro hac vice is governed by Mississippi Code Section 73-3-39 and Mississippi Rules of Appellate Procedure Rule 46(b) and comments.

    ADMISSION ON MOTION

    The Rules Governing Admission to the Mississippi Bar to Admission is permitted without a special written exam for experienced attorneys. See Rule VI of the Rules Governing Admission to the Mississippi Bar.

    CONTACT

    The Mississippi Bar
    P.O. Box 2168
    Jackson, MS 39225
    Phone (601) 948-4471
    Fax (601) 335-8635

    Last Updated on 5 January 2021.
     

  • Missouri

    RULE 4-5.5 MJP/UPL CURRENT

    (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction or assist another in doing so.

    (b) A lawyer who is not admitted to practice in this jurisdiction shall not:
    (1) except as authorized by this Rule 4 or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or
    (2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

    (c) A lawyer admitted and authorized to practice law in another United States jurisdiction and not disbarred or suspended from practice in any jurisdiction may provide legal services on a temporary basis in this jurisdiction that:
    (1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;
    (2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction if the lawyer or a person the lawyer is assisting is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;
    (3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted and authorized to practice law and are not services for which the forum requires pro hac vice admission;
    (4) are provided to the lawyer’s employer or its organizational affiliates and are not services for which the forum requires pro hac vice admission; or
    (5) are not within Rule 4-5.5(c)(2), (c)(3), or (c)(4) and arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted and authorized to practice law.

    (d) A lawyer admitted in another United States jurisdiction  or in a foreign jurisdiction and not disbarred or suspended from practice in any jurisdiction or the equivalent thereof, may establish an office or other systematic and continuous presence in this jurisdiction for the practice of law and provide legal services in this jurisdiction that are provided to the lawyer’s employer or its organizational affiliates if the lawyer has obtained a limited license pursuant to Rule 8.105 or a general license pursuant to other provisions of Rule 8. When performed by a foreign lawyer and requiring advice on the law of Missouri or another United States jurisdiction, or of the United States, such advice shall be based upon the advice of a lawyer who is duly licensed and authorized by the jurisdiction to provide such advice.

    (e) A lawyer shall not practice law in Missouri if the lawyer is subject to Rule 15 and, because of failure to comply with Rule 15, The Missouri Bar has referred the lawyer’s name to the chief disciplinary counsel or the commission on retirement, removal and discipline.

    (f) For purposes of paragraph (d), the foreign lawyer must be a member in good standing of a recognized legal profession in a foreign jurisdiction, the members of which are admitted to practice as lawyers or counselors at law or the equivalent, and are subject to effective regulation and discipline by a duly constituted professional body or a public authority.

    Comments to Rule 4-5.5

    IN-HOUSE COUNSEL RULE

    Missouri Rules Governing the Missouri Bar and Judiciary Rule 8.105 authorizes eligible and approved applicants to work as in-house counsel.

    PRO HAC VICE

    Pursuant to Missouri Rules Governing the Missouri Bar and the Judiciary Rule 9.03, an applicant can request authorization to participate in a particular case if eligible and once the applicant has filed his/her initial pleading with a receipt for the fee required by Rule 6.01.

    ADMISSION ON MOTION

    An applicant may be admitted to the Missouri Bar without examination per Rule 8 of the Rules Governing the Missouri Bar and the Judiciary.

    CONTACT

    The Missouri Bar
    P.O. Box 119
    Jefferson City, Missouri 65102-0119
    Phone (573) 635-4128
    Fax (573) 635-2811
    Email: mobar@mobar.org

    Last Updated on 5 January 2021.

  • Montana

    RULE 5.5 MJP/UPL CURRENT

    (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction or assist another in doing so. 

    (b) A lawyer who is not admitted to practice in this jurisdiction shall not: 
    (1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or 
    (2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction. 

    (c) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that: 
    (1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter; 
    (2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized; 
    (3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or 
    (4) are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice. 

    (d) A lawyer admitted in another United States jurisdiction or in a foreign jurisdiction, and not disbarred or suspended from practice in any jurisdiction or the equivalent thereof, or a person otherwise lawfully practicing as an in-house counsel under the laws of a foreign jurisdiction, may provide legal services through an office or other systematic and continuous presence in this jurisdiction that:
    (1) are provided to the lawyer’s employer or its organization affiliates, are not services for which the forum requires pro hac vice admission; and when performed by a foreign lawyer and requires advice on the law of this or another U.S. jurisdiction or of the United States, such advice shall be based upon the advice of a lawyer who is duly licensed and authorized by the jurisdiction to provide such advice; or 
    (2) are services that the lawyer is authorized by federal or other law or rule to provide in this jurisdiction. 

    (e) For purposes of paragraph (d): 
    (1) the foreign lawyer must be a member in good standing of a recognized legal profession in a foreign jurisdiction, the members of which are admitted to practice as lawyers or counselors at law or the equivalent, and subject to effective regulation and discipline by a duly constituted professional body or a public authority; or
    (2) the person otherwise lawfully practicing as an in-house counsel under the laws of a foreign jurisdiction must be authorized to practice under this rule by, in the exercise of its discretion, the Montana Supreme Court.

    Montana State Supreme Court Order Amending Rules of Professional Conduct, effective 1/1/2020.

    IN-HOUSE COUNSEL RULE

    In-house counsel are covered under Rule 5.5.

    PRO HAC VICE

    See Montana 2009 Amended Rules for Admission to the Bar of Montana.

    ADMISSION ON MOTION

    For information please see The State Bar of Montana’s Frequently Asked Questions Page and State Supreme Court Oder dated 10/30/18

    CONTACT

    The State Bar of Montana  
    Street Address:
    33 S. Last Chance Gulch, Suite 1B
    P.O. Box 577
    Helena, MT 59624 
    Phone (406) 442-7660
    Fax (406) 442-7763

    Last Updated 5 January 2021. 
     

  • Nebraska

    NE. CT. R. OF PROF. COND. § 3-505.5

    (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

    (b) A lawyer who is not admitted to practice in this jurisdiction shall not:
    (1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or
    (2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

    (c) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that:
    (1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;
    (2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;
    (3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to
    practice and are not services for which the forum requires pro hac vice admission; or
    (4) are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice.

    (d) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services in this jurisdiction that:
    (1) are provided to the lawyer’s employer or its organizational affiliates and are not services for which the forum requires pro hac vice admission and the lawyer is registered under Neb. Ct. R. §§ 3-1201 to 3-1204, Registration of In-House Counsel.
    (2) are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction.

    Comments to Rule 3-505.5

    IN HOUSE COUNSEL RULE

    In House counsel practice is governed by Rule 3-505.5(d).

    PRO HAC VICE

    Neb. Ct. R. § 3-122 allows pro hac vice admission to eligible attorneys who associate and appear with a resident attorney of Nebraska.

    ADMISSION ON MOTION

    Nebraska Supreme Court Rules on Admission of Attorneys Neb. Ct. R. § 3-119 allows for admission on the motion if eligible, otherwise the applicant will be required to take a written examination.

    CONTACT

    Nebraska State Bar Association
    635 S. 14th Street
    Lincoln, NE 68501
    Phone (402) 475-7091
    (800) 927-0117
    Fax (402) 475-7098

    Last Updated on 24 December 2020.

  • Nevada

    RULE 5.5 MJP/UPL CURRENT

    (a) General rule. A lawyer shall not:
    (1) Practice law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction; or
    (2) Assist another person in the unauthorized practice of law.

    (b) Exceptions. A lawyer who is not admitted in this jurisdiction, but who is admitted and in good standing in another jurisdiction of the United States, does not engage in the unauthorized practice of law in this jurisdiction when:
    (1) The lawyer is authorized to appear before a tribunal in this jurisdiction by law or order of the tribunal or is preparing for a proceeding in which the lawyer reasonably expects to be so authorized;
    (2) The lawyer participates in this jurisdiction in investigation and discovery incident to litigation that is pending or anticipated to be instituted in a jurisdiction in which the lawyer is admitted to practice;
    (3) The lawyer is an employee of a client and is acting on behalf of the client or, in connection with the client’s matters, on behalf of the client’s other employees, or its commonly owned organizational affiliates in matters related to the business of the employer, provided that the lawyer is acting in this jurisdiction on an occasional basis and not as a regular or repetitive course of business in this jurisdiction;
    (4) The lawyer is acting with respect to a matter that is incident to work being performed in a jurisdiction in which the lawyer is admitted, provided that the lawyer is acting in this jurisdiction on an occasional basis and not as a regular or repetitive course of business in this jurisdiction;
    (5) The lawyer is engaged in the occasional representation of a client in association with a lawyer who is admitted in this jurisdiction and who has actual responsibility for the representation and actively participates in the representation, provided that the out-of-state lawyer’s representation of the client is not part of a regular or repetitive course of practice in this jurisdiction;
    (6) The lawyer is representing a client, on an occasional basis and not as part of a regular or repetitive course of practice in this jurisdiction, in areas governed primarily by federal law, international law, or the law of a foreign nation; or
    (7) The lawyer is acting as an arbitrator, mediator, or impartial third party in an alternative dispute resolution proceeding.

    (c) Interaction with Supreme Court Rule 42. Notwithstanding the provisions of paragraph (b) of this Rule, a lawyer who is not admitted to practice in this jurisdiction shall not represent a client in this state in an action or proceeding governed by Supreme Court Rule 42 unless the lawyer has been authorized to appear under Supreme Court Rule 42 or reasonably expects to be so authorized.

    (d) Limitations.
    (1) No lawyer is authorized to provide legal services under this Rule if the lawyer:
    (i) Is an inactive or suspended member of the State Bar of Nevada, or has been disbarred or has received a disciplinary resignation from the State Bar of Nevada; or
    (ii) Has previously been disciplined or held in contempt by reason of misconduct committed while engaged in the practice of law permitted under this Rule.
    (2) A lawyer who is not admitted to practice in this jurisdiction shall not:
    (i) Establish an office or other regular presence in this jurisdiction for the practice of law;
    (ii) Solicit clients in this jurisdiction; or
    (iii) Represent or hold out to the public that the lawyer is admitted to practice law in this jurisdiction.

    (e) Conduct and discipline. A lawyer admitted to practice in another jurisdiction of the United States who acts in this jurisdiction pursuant to paragraph (b) of this Rule shall be subject to the Nevada Rules of Professional Conduct and the disciplinary jurisdiction of the Supreme Court of Nevada and the State Bar of Nevada as provided in Supreme Court Rule 99.

    Nevada Rule 5.5

    IN-HOUSE COUNSEL RULE

    In-house counsel practice is governed by Rule 5.5(A) Registration of Private Lawyers Not Admitted to Nevada in Extra-Judicial Matters:

    (a) Application of rule.
    (1) This Rule applies to a lawyer who is not admitted in this jurisdiction, but who is admitted and in good standing in another jurisdiction of the United States, and who provides legal services for a Nevada client in connection with transactional or extra-judicial matters that are pending in or substantially related to Nevada.
    (2) This Rule does not apply to work performed by a lawyer in connection with any action pending before a court of this state, any action pending before an administrative agency or governmental body, or any arbitration, mediation, alternative dispute resolution proceeding, whether authorized by the court, law, rule, or private agreement.

    (b) Definitions. For purposes of this Rule, a “Nevada client” is a natural person residing in the State of Nevada, a Nevada governmental entity, or a business entity doing business in Nevada.

    (c) Annual report. Notwithstanding any other provision of law, a lawyer who is subject to this Rule shall file an annual report, along with a reporting fee of $150, with the State Bar of Nevada at its Las Vegas, Nevada, office. The annual report shall encompass January 1 through December 31 of a single calendar year and shall be filed on or before January 31 of the following calendar year. The report shall be on a form approved by the State Bar of Nevada and include the following information:
    (1) The lawyers’ residence and office address;
    (2) The courts before which the lawyer has been admitted to practice and the dates of admission;
    (3) That the lawyer is currently a member in good standing of, and eligible to practice law before, the bar of those courts;
    (4) That the lawyer is not currently on suspension or disbarred from the practice of law before the bar of any court; and
    (5) The nature of the client(s) (individual or business entity) for whom the lawyer has provided services that are subject to this Rule and the number and general nature of the transactions performed for each client during the previous 12-month period. The lawyer shall not disclose the identity of any clients or any information that is confidential or subject to attorney-client privilege.

    (d) Failure to file report. Failure to timely file the report described in paragraph (c) of this Rule may be grounds for discipline under applicable Supreme Court Rules and prosecution under applicable state laws. The failure to file a timely report shall result in the imposition of a fine of not more than $500.

    (e) Discipline. A lawyer who must file an annual report under this Rule shall be subject to the jurisdiction of the courts and disciplinary boards of this state with respect to the law of this state governing the conduct of lawyers to the same extent as a member of the State Bar of Nevada. He or she shall familiarize himself or herself and comply with the standards of professional conduct required of members of the State Bar of Nevada and shall be subject to the disciplinary jurisdiction of the State Bar of Nevada. The Nevada Supreme Court Rules shall govern in any investigation or proceeding conducted by the State Bar of Nevada under this Rule.

    (f) Confidentiality. The State Bar of Nevada shall not disclose annual reports filed under this Rule to any third parties unless necessary for disciplinary investigation or criminal prosecution for the unauthorized practice of law.

    See, also the Nevada Supreme Court Rule 49.10 regarding registration of in-house counsel.

    PRO HAC VICE

    Nevada Supreme Court Rule 42 allows pro hac vice admission to eligible attorneys who associate a member of the Nevada bar.

    ADMISSION ON MOTION

    Nevada does not allow for admission on the motion however, Rule 5.5 (A) allows limited temporary work if the attorney registers with the State Bar of Nevada.

    CONTACT

    State Bar of Nevada
    Las Vegas Contact:
    3100 W. Charleston Blvd.
    Suite 100
    Las Vegas, NV 89104
    Phone (702) 382- 2200
    Fax (702) 385- 2878

    Reno Contact:
    9456 Double R Blvd., Suite B
    Reno, NV 89521
    Phone (775) 329-4100
    Fax (775) 329-0522

  • New Hampshire

    RULE 5.5 MJP/UPL CURRENT

    (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

    (b) A lawyer who is not admitted to practice in this jurisdiction shall not:
    (1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or
    (2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

    (c) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that:
    (1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;
    (2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;
    (3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or
    (4) are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice.

    (d) A lawyer admitted in another United States jurisdiction or in a foreign jurisdiction, and not disbarred or suspended from practice in any jurisdiction or the equivalent thereof, may provide legal services through an office or other systematic and continuous presence in this jurisdiction that:
    (1) are provided to the lawyer’s employer or its organizational affiliates; are not services for which the forum requires pro hac vice admission; and, when performed by a foreign lawyer and requires advice on the law of this or another U.S. jurisdiction or of the United States, such advice shall be based upon the advice of a lawyer who is duly licensed and authorized by the jurisdiction to provide such advice; 
    (2) are services that the lawyer is authorized by federal or other law or rule to provide in this jurisdiction; or
    (3) relate solely to the law of a jurisdiction in which the lawyer is admitted.

    (e)  For purposes of paragraph (d), the foreign lawyer must be a member in good standing of a recognized legal profession in a foreign jurisdiction, the members of which are admitted to practice as lawyers or counselors at law or the equivalent, and are subject to effective regulation and discipline by a duly constituted professional body or a public authority.

    New Hampshire Rule 5.5

    IN-HOUSE COUNSEL RULE

    See Rule 5.5(d).

    PRO HAC VICE

    Pro hac vice in New Hampshire is governed by Rule 33(1) of the Rules of Supreme Court of the State of New Hampshire, Rule 19 of the Superior Court of the State of New Hampshire, and Rule 1.3(c) of the District Courts of the State of New Hampshire. These rules allow pro hac vice admission on application if an attorney of the New Hampshire State Bar is associated.

    ADMISSION ON MOTION

    New Hampshire allows for admission on the motion through Supreme Court Rule 42. The requirements for admission on motion, such as the reciprocity requirement, are set forth in Rule 42(11). Rule 42(11)(e) credits in house practitioners. Rule 42(11)(b) and (c) set forth different requirements for Vermont and Maine lawyers seeking admission on the motion in New Hampshire.

    For further information and forms please see the New Hampshire Judicial Branch page on Admission on Motion.

    CONTACT

    The New Hampshire Bar Association
    2 Pillsbury Street
    Suite 300
    Concord, NH 03301
    Phone (603) 224-6942
    Fax (603) 224-2910
    Email: https://www.nhbar.org/contact-us/

  • New Jersey

    RPC 5.5 MJP/UPL CURRENT

    (a) A lawyer shall not:
    (1) practice law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction; or
    (2) assist a person who is not a member of the bar in the performance of activity that constitutes the unauthorized practice of law.

    (b) A lawyer not admitted to the Bar of this State who is admitted to practice law before the highest court of any other state, territory of the United States, Puerto Rico, or the District of Columbia (hereinafter a United States jurisdiction) may engage in the lawful practice of law in New Jersey only if:
    (1) the lawyer is admitted to practice pro hac vice pursuant to R. 1:21-2 or is preparing for a proceeding in which the lawyer reasonably expects to be so admitted and is associated in that preparation with a lawyer admitted to practice in this jurisdiction; or
    (2) the lawyer is an in-house counsel and complies with R. 1:27-2; or
    (3) under any of the following circumstances:
    (i) the lawyer engages in the negotiation of the terms of a transaction in furtherance of the lawyer’s representation on behalf of an existing client in a jurisdiction in which the lawyer is admitted to practice and the transaction originates in or is otherwise related to a jurisdiction in which the lawyer is admitted to practice;
    (ii) the lawyer engages in representation of a party to a dispute by participating in arbitration, mediation or other alternate or complementary dispute resolution program and the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which pro hac vice admission pursuant to R. 1:21-2 is required;
    (iii) the lawyer investigates, engages in discovery, interviews witnesses or deposes witnesses in this jurisdiction for a proceeding pending or anticipated to be instituted in a jurisdiction in which the lawyer is admitted to practice;
    (iv) the out-of-state lawyer’s practice in this jurisdiction is occasional and the lawyer associates in the matter with, and designates and discloses to all parties in interest, a lawyer admitted to the Bar of this State who shall be held responsible for the conduct of the out-of-State lawyer in the matter; or
    (v) the lawyer practices under circumstances other than (i) through (iv) above, with respect to a matter where the practice activity arises directly out of the lawyer’s representation on behalf of an existing client in a jurisdiction in which the lawyer is admitted to practice, provided that such practice in this jurisdiction is occasional and is undertaken only when the lawyer’s disengagement would result in substantial inefficiency, impracticality or detriment to the client.

    (c) A lawyer admitted to practice in another jurisdiction who acts in this jurisdiction pursuant to paragraph (b) above shall:
    (1) be licensed and in good standing in all jurisdictions of admission and not be the subject of any pending disciplinary proceedings, nor a current or pending license suspension or disbarment;
    (2) be subject to the Rules of Professional Conduct and the disciplinary authority of the Supreme Court of this jurisdiction;
    (3) consent in writing on a form approved by the Supreme Court to the appointment of the Clerk of the Supreme Court as agent upon whom service of process may be made for all actions against the lawyer or the lawyer’s firm that may arise out of the lawyer’s participation in legal matters in this jurisdiction, except that a lawyer who acts in this jurisdiction pursuant to subparagraph (b)(3)(ii) or (b)(3)(iii) above shall be deemed to have consented to such appointment without completing the form;
    (4) not hold himself or herself out as being admitted to practice in this jurisdiction;
    (5) comply with R. 1:21-1(a)(1); and
    (6) except for a lawyer who acts in this jurisdiction pursuant to subparagraph (b)(3)(ii) or (b)(3)(iii) above, annually register with the New Jersey Lawyers’ Fund for Client Protection and comply with R. 1:20-1(b) and (c), R. 1:28-2, and R. 1:28B-1(e) during the period of practice.

    Note: Adopted July 12, 1984 to be effective September 10, 1984; caption amended, former text designated as paragraph (a), and new paragraphs (b) and (c) adopted November 17, 2003 to be effective January 1, 2004; paragraph (c) amended July 28, 2004 to be effective September 1, 2004; subparagraphs (b)(3)(ii) and (b)(3)(iii) amended, former subparagraph (b)(3)(iv) redesignated as subparagraph (b)(3)(v) and amended, new subparagraph (b)(3)(iv) adopted, and paragraph (c) and subparagraphs (c)(3) and (c)(6) amended July 23, 2010 to be effective September 1, 2010; subparagraph (b)(3)(iv) amended July 19, 2012 to be effective September 4, 2012; subparagraph (c)(5) amended July 9, 2013 to be effective September 1, 2013.

    New Jersey Rules of Professional Conduct

    IN-HOUSE COUNSEL RULE

    The Supreme Court has adopted Rule 1:27-2, which governs the mandatory limited licensing of in-house counsel who work in New Jersey and who are not already members of the Bar of this State. For further supplemental information on in house counsel practice please see the Supplemental Administrative Determinations. In house counsel forms, such as the change of employer form and applications are available at the New Jersey Board of Bar Examiners Home Page.

    PRO HAC VICE

    Pro hac vice appearances is governed by Rule 1:21-2. Find information on Pro Hac Vice Admission Requirements.    

    ADMISSION ON MOTION

    1:24-4. Application for Admission by Motion

    Applicants may apply for admission to the bar of this State by motion to the Supreme Court. To qualify for application by motion, applicants must: 
    (a) have lawfully practiced law for five of the last seven years within the jurisdiction of the United States; 
    (b) have previously sat for and passed the bar examination in another United States jurisdiction; 
    (c) be admitted in a United States jurisdiction that would extend a reciprocal license by motion to New Jersey lawyers;
     (d) have completed a course on New Jersey ethics and professionalism; and 
    (e) meet all other application requirements in Rule 1:24-1 above. 

    Note: Adopted August 1, 2016 to be effective September 1, 2016; paragraph (a) amended July 29, 2019 to be effective September 1, 2019.

    For more information on requirements and the application procedure see the Admission on Motion page for the New Jersey Board of Bar Examiners

    CONTACT

    New Jersey Judiciary
    New Jersey State Bar Association
    One Constitution Square
    New Brunswick, New Jersey 08901-1520
    Phone (732) 249-5000
    Fax (732) 249-2815

  • New Mexico

    RULE 16-505 MJP/UPL CURRENT

    A. A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction or assist another in doing so.

    B. A lawyer shall not employ or continue the employment of a disbarred or suspended lawyer as an attorney.

    C. A lawyer shall not employ or continue the employment of a disbarred or suspended lawyer as a law clerk, a paralegal, or in any other position of a quasi-legal nature if the suspended or disbarred lawyer has been specifically prohibited from accepting or continuing such employment by order of the Supreme Court or the disciplinary board.

    D. A lawyer who is not admitted to practice in this jurisdiction shall not:
    (1) except as authorized by the Rules of Professional Conduct or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or
    (2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

    E. A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that in compliance with Rule 24-106 NMRA
    (1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter; and
    (2) are in or reasonably related to a pending or potential proceeding before a court, legislative body, administrative agency, or other tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized[;].

    F. A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction may provide legal services in this jurisdiction that without Rule 24-106 NMRA compliance
    (1) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or
    (2) arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice. In transactions involving issues specific to New Mexico law, the lawyer shall associate counsel admitted to practice in this jurisdiction;
    (3) are provided to the lawyer’s employer or its organizational affiliates as in-house counsel subject to any registration requirements and are not services for which the forum requires pro hac vice admission; or
    (4) are services that the lawyer is authorized by federal or other law to provide in this jurisdiction.

    [As amended, effective September 1, 1987; September 1, 2003; as amended by Supreme Court Order No. 13-8300-040, effective December 31, 2013.]

    Comments to Rule 16-505

    IN-HOUSE COUNSEL RULE

    See Rule 16-505.

    PRO HAC VICE

    Pro hac vice is governed by the Rules Governing the New Mexico Bar 24-106 NMRA, Rule 16-505, Rule 16-104(c).

    ADMISSION ON MOTION

    A.  An applicant who meets the requirements of Rules 15-103 and 15-104 NMRA and this rule may, upon motion, be admitted to the practice of law in New Mexico if the applicant
    (1)       has been admitted to practice law in one (1) or more reciprocal states, territories, or protectorates of the United States of America, or the District of Columbia, as such are defined in Paragraph F of this rule and is currently an active member in good standing in at least one (1) reciprocal state and has been admitted to and engaged in the active practice of law as defined in Paragraph D of this rule in one (1) or more states, territories, or protectorates of the Unites States of America, or the District of Columbia, including New Mexico, for at least five (5) of the past seven (7) years preceding application to New Mexico;
    (2)       has never been denied certification because of character and fitness to practice law in New Mexico or any other state;
    (3)       has not, within the five (5) years preceding application under this rule, taken and failed the New Mexico Bar Examination;
    (4)       is not now nor ever has been admitted to the practice of law in New Mexico, unless the applicant voluntarily withdrew or resigned from membership in the State Bar of New Mexico while in good standing;
    (5)       has not been previously denied admittance to practice law on application or motion to practice law in New Mexico or any other state;
    (6)       has not previously engaged in the unauthorized practice of law in New Mexico or any other state;
    (7)       establishes that the applicant is currently a member in good standing in every state where the applicant is admitted to practice law or, if the applicant is not presently a member eligible to practice in a state, territory, protectorate, or District of Columbia, establishes that the applicant resigned in good standing. An applicant who is disbarred or suspended for any reason from the practice of law in another state at the time of filing an application for admission on motion shall not be eligible for admission on motion;
    (8)       submits evidence of a passing scaled score on the Multistate Professional Responsibility Examination as described in Paragraph E of Rule 15-205 NMRA;
    (9)       otherwise establishes to the satisfaction of the Board and the Supreme Court of New Mexico that the applicant possesses the character and fitness to practice law in this state; and
    (10)     submits evidence of in-person attendance at, and successful completion of, a course approved by the Supreme Court, which shall include Indian law, New Mexico community property law, and professionalism, before being approved for admission.

    B.  Amendment of application. Every applicant is required promptly to amend his or her application in the event any of the answers on the application has been affected by intervening conduct or events.

    C.  Documents needed. The following documents shall be furnished with each application, in addition to any and all other information that may be required by the Board:
    (1)       a copy of the Federal Bureau of Investigation identification record of the applicant and a copy of the New Mexico Department of Public Safety identification record of the applicant;
    (2)       a properly authenticated transcript (sent from the law school) evidencing graduation with a juris doctor or bachelor of laws and letters degree from a law school formally accredited by the American Bar Association including a completed law school certification on a form prescribed by the Board;
    (3)       a certificate of admission, currently valid license to practice law, or certificate of good standing from every state where admitted;
    (4)       character and fitness statements from three non-related licensed attorneys in good standing in every state where the applicant is licensed to practice law, who are familiar with the applicant’s qualifications, certifying that the applicant is a person of good moral character and physically and mentally qualified for admission to the bar of New Mexico;
    (5)       a letter from the grievance or disciplinary entity of every state, district, territory, protectorate, province or foreign country in which the applicant is admitted indicating that there are no disciplinary complaints or charges pending against the applicant;
    (6)       one (1) or more certificates by a judge or judges of the highest court of original jurisdiction, or the clerk thereof, or by the authority designated in such other state to provide such certificate or certificates to that effect that
    (a) the applicant has been eligible to engage in the actual practice of law in that state for at least five (5) of the seven (7) years immediately prior to the date of the certificate;
    (b) the applicant is in good standing in the bar of such state and has not been disbarred, placed under disciplinary suspension, or resigned from such bar while under disciplinary investigation;
    (c)  the applicant is not the subject of any pending disciplinary complaints or proceedings in such state; and
    (d) if the applicant has been suspended or disbarred, that the applicant has been duly reinstated; and
    (7)       an affidavit executed by the applicant describing the applicant’s active practice of law for the required durational period in every applicable jurisdiction, which shall include a detailed explanation of how it satisfies the definition of the active practice of law as set forth in Paragraph D of this rule.

    D.  Active practice of law defined.
    (1)       For the purposes of this rule, the “active practice of law” shall include the following activities, if performed in a state in which the applicant is admitted and authorized to practice law, or, if performed in a state that affirmatively permits such activity by a lawyer not admitted in that state, however, in no event shall any activities performed pursuant to any rule regarding the practice of law pending admission or in advance of bar admission in another state be accepted toward the durational requirements:
    (a) representation of one or more clients in the private practice of law;
    (b) service as a lawyer with a local, state, territorial or federal agency, or governmental branch, including United States military service with any branch of the United States military;
    (c)  full time teaching at a law school formally accredited by the American Bar Association;
    (d) service as a judge in a local, state, territorial, or federal court of record of the United States;
    (e) service as a judicial law clerk in a local, state, territorial, or federal court of record of the United States;
    (f)  service as in-house counsel provided to the applicant’s employer or its organizational affiliates; or
    (g) any combination of the above.
    (2)       “Full-time, gainful employment in the performance of legal services” is defined for the purpose of this rule to require that during each of the required five (5) years in the durational period, the applicant spent at least one thousand (1,000) hours per year engaged in one or more of the activities listed above, and derived at least fifty percent (50%) of the applicant’s non-investment income from such activity or activities.
    (3)       The active practice of law shall not include work that, as undertaken, constituted the unauthorized practice of law in the state in which it was performed or in the state in which the clients receiving the unauthorized services were located.

    E.  Application and filing fees. Any applicant seeking admission to the practice of law on motion shall meet the requirements of Paragraphs A through D of this rule and shall
    (1)       file an application for admission by motion, including character and fitness investigation information, in a manner established by the Board, including all required supporting documents;
    (2)       pay the non-refundable application fee of two thousand five hundred dollars ($2,500). There shall be no refund of, or credit for, this application fee for any reason, including but not limited to denial of admission, withdrawal of the application, or failure to pursue admission after application, regardless of the date of notification by the applicant; and
    (3)       as provided in Subparagraph (A)(3) of Rule 15-105 NMRA, pay all costs as determined by the Board in connection with any investigation and hearings, and bear his or her own costs associated with any application, investigation, and hearing.

    F.   Reciprocal states. Upon recommendation by the Board and due consideration by the Supreme Court of New Mexico, the Court shall approve and maintain a list of states considered “reciprocal” to New Mexico for purposes of this rule, and that list shall be posted publicly on the Board’s website. Upon recommendation of the Board, or on the Court’s own motion, the Court may modify the list of reciprocal states based upon recognition of rule changes in the various states and other relevant considerations in the Court’s discretion. The status of reciprocal states will be considered current as of the later of June 1, 2015, or the date of receipt of an application for admission by motion and the current “reciprocal” status of states determined applicable to that applicant as of such date.

    Adopted by Supreme Court Order No. 14-8300-001, effective June 1, 2015; as amended by Supreme Court Order No. 14-8300-021, effective June 1, 2015.

    Rule 15-107

    For more information on rules, process and forms see the New Mexico Board of Bar Examiners’ page on Reciprocity.

    CONTACT

    The State Bar of New Mexico
    Mailing Address:
    PO Box 92860
    Albuquerque, NM 87199

    Street Address:
    5121 Masthead NE
    Albuquerque, NM 87109
    Phone (505) 797-6000
    Fax (866) 588-9437
    Email: sbnm@nmbar.org

    Last Updated 5 January 2021.
     

  • New York

    RULE 5.5 MJP/UPL CURRENT

    Unauthorized Practice of Law

    (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation
    of the legal profession in that jurisdiction.

    (b) A lawyer shall not aid a nonlawyer in the unauthorized practice of law.

    IN-HOUSE COUNSEL RULE

    The New York Court of Appeals adopted an in-house counsel registration rule allowing out of state attorneys to serve as in-house counsel without being required to pass the New York bar exam and other practice requirements. See Part 522 - Rules for the Registration of In-House Counsel for additional information.

    PRO HAC VICE

    Per New York Court of Appeals Rule 520.11 pro hac vice admissions for particular causes are generally reserved to the discretion of the particular court in which the admission is sought. Pro hac vice admissions for specified time periods are also available for certain students and employees of certain legal aid societies and government entities.

    ADMISSION ON MOTION

    New York Admission on Motion is governed by New York Court of Appeals Rule 520.10 which permits admission on motion, without examination, for applicants who have practiced for five of the preceding seven years, are admitted to practice in at least one reciprocal jurisdiction with New York, and have graduated from an American Bar Association approved law school. For additional information please go to The State of New York Board of Law Examiner’s Page on Admission on Motion.

    CONTACT

    New York State Bar Association
    1 Elk Street
    Albany, NY 12207
    Phone (518) 463-3200
    Fax (518) 487-5517

  • North Carolina

    RULE 5.5 MJP/UPL CURRENT

    (a) A lawyer shall not practice law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction.

    (b) A lawyer who is not admitted to practice in this jurisdiction shall not:

    (1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or

    (2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

    (c) A lawyer admitted to practice in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, does not engage in the unauthorized practice of law in this jurisdiction if the lawyer’s conduct is in accordance with these Rules and:

    (1) the lawyer is authorized by law or order to appear before a tribunal or administrative agency in this jurisdiction or is preparing for a potential proceeding or hearing in which the lawyer reasonably expects to be so authorized;

    (2) the lawyer acts with respect to a matter that arises out of or is otherwise reasonably related to the lawyer's representation of a client in a jurisdiction in which the lawyer is admitted to practice and the lawyer’s services are not services for which pro hac vice admission is required;

    (3) the lawyer acts with respect to a matter that is in or is reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the lawyer’s services arise out of or are reasonably related to the lawyer's representation of a client in a jurisdiction in which the lawyer is admitted to practice and are not services for which pro hac vice admission is required; or

    (4) the lawyer is associated in the matter with a lawyer admitted to practice in this jurisdiction who actively participates in the representation and the lawyer is admitted pro hac vice or the lawyer's services are not services for which pro hac vice admission is required.

    (d) A lawyer admitted to practice in another United States jurisdiction or in a foreign jurisdiction, and not disbarred or suspended from practice in any jurisdiction, or the equivalent thereof, does not engage in the unauthorized practice of law in this jurisdiction and may establish an office or other systematic and continuous presence in this jurisdiction for the practice of law if the lawyer’s conduct is in accordance with these Rules and:

    (1) the lawyer provides legal services to the lawyer’s employer or its organizational affiliates; the services are not services for which pro hac vice admission is required; and, when the services are performed by a foreign lawyer and require advice on the law of this or another US jurisdiction or of the United States, such advice is based upon the advice of a lawyer who is duly licensed and authorized by the jurisdiction to provide such advice; or

    (2) the lawyer is providing services limited to federal law, international law, the law of a foreign jurisdiction or the law of the jurisdiction in which the lawyer is admitted to practice, or the lawyer is providing services that the lawyer is authorized by federal or other law or rule to provide in this jurisdiction.

    (e) A lawyer admitted to practice in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, does not engage in the unauthorized practice of law in this jurisdiction and may establish an office or other systematic and continuous presence in this jurisdiction for the practice of law if the lawyer’s conduct is in accordance with these Rules, the lawyer is the subject of a pending application for admission to the North Carolina State Bar by comity, having never previously been denied admission to the North Carolina State Bar for any reason, and the lawyer satisfies the following conditions:

    (1) is licensed to practice law in a state with which North Carolina has comity in regard to admission to practice law;

    (2) is a member in good standing in every jurisdiction in which the lawyer is licensed to practice law;

    (3) has satisfied the educational and experiential requirements prerequisite to comity admission to the North Carolina State Bar;

    (4) is domiciled in North Carolina;

    (5) has established a professional relationship with a North Carolina law firm and is actively supervised by at least one licensed North Carolina attorney affiliated with that law firm; and

    (6) gives written notice to the secretary of the North Carolina State Bar that the lawyer intends to begin the practice of law pursuant to this provision, provides the secretary with a copy of the lawyer’s application for admission to the State Bar, and agrees that the lawyer is subject to these rules and the disciplinary jurisdiction of the North Carolina State Bar. A lawyer acting pursuant to this provision may not provide services for which pro hac vice admission is required, and shall be ineligible to practice law in this jurisdiction immediately upon being advised that the lawyer’s application for comity admission has been denied.

    (f) A lawyer shall not assist another person in the unauthorized practice of law.

    (g) A lawyer or law firm shall not employ a disbarred or suspended lawyer as a law clerk or legal assistant if that individual was associated with such lawyer or law firm at any time on or after the date of the acts which resulted in disbarment or suspension through and including the effective date of disbarment or suspension.

    (h) A lawyer or law firm employing a disbarred or suspended lawyer as a law clerk or legal assistant shall not represent any client represented by the disbarred or suspended lawyer or by any lawyer with whom the disbarred or suspended lawyer practiced during the period on or after the date of the acts which resulted in disbarment or suspension through and including the effective date of disbarment or suspension.

    (i) For the purposes of paragraph (d), the foreign lawyer must be a member in good standing of a recognized legal profession in a foreign jurisdiction, the members of which are admitted to practice as lawyers or counselors at law or the equivalent, and are subject to effective regulation and discipline by a duly constituted professional body or a public authority.

    Rule 5.5 and Comment

    IN-HOUSE COUNSEL RULE

    See Rule 5.5.

    PRO HAC VICE

    Pro hac vice is governed by North Carolina General Statutes 84-4.1 which requires the association and appearance of another attorney admitted to practice in North Carolina. For further instructions on how to apply please and the relevants forms, please visit here.

    ADMISSION ON MOTION

    Per North Carolina Supreme Court Rules Governing Admission to Practice Law Section .0502, Admission on Motion is allowed for applicants who are admitted to practice in a U.S. state, territory, or D.C. which provides admission without examination other than the M.P.R.E. to North Carolina attorneys, and have actively and substantially practiced law for a least four of the six years preceding applications. Applicants may not have failed the North Carolina bar examination within five years of application.

    CONTACT

    The North Carolina State Bar
    North Carolina State Bar
    217 East Edenton Street
    Raleigh, NC 27601
    Tel: (919) 828-4620

    Last Updated 5 January 2021.

  • North Dakota

    RULE 5.5 MJP/UPL CURRENT

    (a) A lawyer shall not practice law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction.

    (b) A lawyer admitted to practice in another jurisdiction and not in this jurisdiction, who performs legal services in this jurisdiction on a temporary basis does not engage in the unauthorized practice of law in this jurisdiction when:
    (1) the lawyer who is an employee of a client, acts on the client’s behalf, or on behalf of the client’s commonly owned affiliates, except for work for which pro hac vice admission or registration under Admission to Practice R.3 is required;
    (2) the lawyer acts with respect to a matter that arises out of the lawyer’s representation of a client in a jurisdiction in which the lawyer is admitted to practice, except for work for which pro hac vice admission or registration under Admission to Practice R.3 is required;
    (3) with respect to matters for which registration or pro hac vice admission is available under Admission to Practice R.3, the lawyer is authorized to represent a client or is preparing for a matter in which the lawyer reasonably expects to be so authorized;
    (4) with respect to matters, transactions or proceedings pending in or substantially related to this jurisdiction and for which pro hac vice admission is not available under Admission to Practice R.3, the lawyer is associated in the matter, transaction or proceeding with a lawyer admitted to practice in this jurisdiction who actively participates in the representation of the client in the matter, transaction or proceeding; or
    (5) the lawyer performs a service that may be performed by a person without a license to practice law or without other authorization from a federal, state or local governmental body.

    (c) A lawyer admitted to practice in another United States jurisdiction but not in this jurisdiction, who establishes an office or whose presence is other than temporary in this jurisdiction does not engage in the unauthorized practice of law in this jurisdiction when:
    (1) the lawyer who is an employee of a client, acts on the client’s behalf, or on behalf of the client’s commonly owned affiliates, and the lawyer is eligible for and has complied with the lawyer registration rules under Admission to Practice R.3; and when the lawyer is a foreign lawyer and the services require advice on the law of this or another U.S. jurisdiction or of the United States, provided that the advice must be based upon the advice of a lawyer who is duly licensed and authorized by this jurisdiction to provide the advice, or
    (2) the lawyer renders services in this jurisdiction pursuant to other authority granted by federal law or a law or Court rule of this jurisdiction.

    (d) A lawyer who is not admitted to practice in this jurisdiction shall not represent or hold out to the public that the lawyer is admitted to practice law in this jurisdiction. A lawyer who practices law in this jurisdiction under paragraph(b) or (c) shall disclose in writing to the client that the lawyer is not licensed in this jurisdiction.

    (e) A lawyer shall not assist another person in the unauthorized practice of law.

    (f) For purposes of paragraph (c), the foreign lawyer must be a member in good standing of a recognized legal profession in a foreign jurisdiction, the members of which are admitted to practice as lawyers or counselors at law or the equivalent and are subject to effective regulation and discipline by a duly constituted professional body or a public authority.

    Comments to Rule 5.5  

    IN-HOUSE COUNSEL RULE

    Under Rule 5.5(c) corporate counsel and governmental attorneys are free to perform legal work for their employers while temporarily in the state under the safe harbor for in-house counsel in the North Dakota version of Model Rule 5.5, but in-house counsel who establish an office or other permanent presence in the state must comply with registration rules or become admitted to practice in the state.

    PRO HAC VICE

    Pro hac vice admission is governed by North Dakota Supreme Court Rules Admission to Practice Rule 3. Pro hac vice admission is required for all nonlicensed nonresident attorneys admitted and licensed to practice law in another state or the District of Columbia, who engage in the practice of law by appearing, either in person, by signing pleadings, or by being designated as counsel in actions filed in state courts, administrative agencies, or tribunals.

    ADMISSION ON MOTION

    North Dakota’s Admission on Motion practice is governed by the Supreme Court Rules Admission to Practice Rule 7.

    CONTACT

    State Bar Association of North Dakota
    1661 Capitol Way, Suite 104LL
    Bismarck, ND 58501
    Phone (701) 255-1404
    (800) 472-2685 (in state)

  • Ohio

    RULE 5.5 MJP/UPL CURRENT

    (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

    (b) A lawyer who is not admitted to practice in this jurisdiction shall not do either of the following:
    (1) except as authorized by these rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law;
    (2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

    (c) A lawyer who is admitted in another United States jurisdiction, is in good standing in the jurisdiction in which the lawyer is admitted, and regularly practices law may provide legal services on a temporary basis in this jurisdiction if one or more of the following apply:
    (1) the services are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;
    (2) the services are reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;
    (3) the services are reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission;
    (4) the lawyer engages in negotiations, investigations, or other nonlitigation activities that arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice.

    (d) A lawyer admitted and in good standing in another United States jurisdiction may provide legal services in this jurisdiction in either of the following circumstances:
    (1) the lawyer is registered in compliance with Gov. Bar R. VI, Section 6 and is providing services to the employer or its organizational affiliates for which the permission of a tribunal to appear pro hac vice is not required;
    (2) the lawyer is providing services that the lawyer is authorized to provide by federal or Ohio law.
    (3) the lawyer is registered in compliance with and is providing pro bono legal services as permitted by Gov. Bar R. VI, Section 6.

    Rules of Professional Conduct (includes Comments to Rule 5.5)

    IN HOUSE COUNSEL RULE

    Ohio Supreme Court Rules for the Gov't of the Bar, Rule VI Section 6 allows attorneys licensed in other states to register as in-house counsel for a non-governmental organization without examination as long as activities are restricted to full-time employment for that organization. Counsel registered under this rule may not represent their employers before state courts unless granted permission. The license may be renewed biennially as long as the qualifying employment continues.

    PRO HAC VICE

    Ohio Supreme Court Rule XII Section 2 allows pro hac vice admission on motion of an attorney admitted to practice out of state and is registered as active in Ohio.

    ADMISSION ON MOTION

    Pursuant to Ohio Rules for the Government of the Bar of Ohio Rule I Section 10, applicants must have passed a bar examination and have been admitted to practice before the highest court of any U.S. state or D.C., practiced law for at least five years of the ten years preceding application, and demonstrate that they intend to actively and continuously practice law in Ohio. Applicants who have failed the Ohio bar examination are not eligible.

    CONTACT

    Ohio State Bar Association
    1700 Lake Shore Drive
    Columbus, Ohio 43204
    Phone (614) 487-8585
    (800) 232-7124
    Fax (614) 487-1008
    Email: osba@ohiobar.org

  • Oklahoma

    RULE 5.5 MJP/UPL CURRENT

    (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

    (b) A lawyer who is not admitted to practice in this jurisdiction shall not:
    (1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or
    (2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

    (c) Subject to the provisions of 5.5(a), a lawyer admitted in a United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in a jurisdiction where not admitted to practice that:
    (1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;
    (2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;
    (3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or
    (4) are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice.

    (d) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services in this jurisdiction that:
    (1) are provided to the lawyer’s employer or its organizational affiliates in connection with the employer’s matters, provided the employer does not render legal services to third persons and are not services for which the forum requires pro hac vice admission; or
    (2) are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction.

    Comments to Rule 5.5

    IN-HOUSE COUNSEL RULE

    Oklahoma State Bar Admission Rule 2 Section 5 allows for a special temporary admission without examination for attorneys licensed in another U.S. jurisdiction, provided that counsel only advises the corporate employer. The temporary license terminates if counsel leaves his or her employer. Also see Rule 5.5(d) of the newly amended Rules of Professional Conduct.

    PRO HAC VICE

    Oklahoma Supreme Court Rules Article II Section 5 governs pro hac vice admission and requires an associated Oklahoma attorney to sign all documents and be present at all events presence of counsel is required.

    ADMISSION ON MOTION

    Pursuant to Oklahoma Rules Governing Admission to the Practice of Law in the State of Oklahoma Rule 2, applicants must be licensed to practice and in good standing in a U.S. state which offers admission without examination to Oklahoma attorneys. If the reciprocity rules of their jurisdiction or admission are more stringent than Oklahoma’s, the more stringent rules shall apply instead. Any attorney who has failed the Oklahoma bar examination is ineligible.

    CONTACT

    Oklahoma Bar Association
    P.O. Box 53036
    1901 N. Lincoln Blvd.
    Oklahoma City, OK 73152-3036
    Phone (405) 416-7000
    Fax (405) 416-7001

  • Oregon

    RULE 5.5 MJP/UPL CURRENT

    (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

    (b) A lawyer who is not admitted to practice in this jurisdiction shall not:
    (1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or
    (2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

    (c) A lawyer admitted in another jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that:
    (1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;
    (2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;
    (3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternate dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission;
    (4) are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the
    lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice; or
    (5) are provided to the lawyer’s employer or its organizational affiliates and are not services for which the forum requires pro hac vice admission.

    (d) A lawyer admitted in another jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services in this jurisdiction that are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction.

    (e) A lawyer who provides legal services in connection with a pending or potential arbitration proceeding to be held in this jurisdiction under paragraph (c)(3) of this rule must, upon engagement by the client, certify to the Oregon State Bar that:
    (1) the lawyer is in good standing in every jurisdiction in which the lawyer is admitted to
    practice; and
    (2) unless the lawyer is in-house counsel or an employee of a government client in the matter, that the lawyer
    (i) carries professional liability insurance substantially equivalent to that required of Oregon
    lawyers, or
    (ii) has notified the lawyer’s client in writing that the lawyer does not have such insurance and that Oregon law requires Oregon lawyers to have such insurance.

    The certificate must be accompanied by the administrative fee for the appearance established by the Oregon State Bar and proof of service on the arbitrator and other parties to the proceeding.

    OREGON RULES OF PROFESSIONAL CONDUCT

    IN-HOUSE COUNSEL RULE

    Oregon’s Rule 16.05 Admission of House Counsel, allows admission of counsel employed by a business entity authorized to do business in Oregon, who has been admitted to practice law in another state, federal territory or commonwealth, or the District of Columbia, to practice law as house counsel of Oregon, subject to the provisions, conditions and limitations of the rule.

    PRO HAC VICE

    UTCR 3.170 allows pro hac vice subject to the requirements in the rules and association with an active member in good standing of the Oregon State Bar.

    ADMISSION ON MOTION

    Attorneys who have taken and passed the bar examination in another United States jurisdiction, who are active members of the bar in a qualifying jurisdiction, and who have lawfully engaged in the active, substantial and continuous practice of law for no less than five of the seven years immediately preceding their application for admission under this rule may be admitted to the practice of law in Oregon without having to take and pass the Oregon bar examination, subject to the requirements of this rule.  For further information visit the Oregon State Bar’s Site on Reciprocity Admission.  

    CONTACT

    Oregon State Bar
    16037 SW Upper Boones Ferry RD
    Tigard, OR 97224
    Phone (503) 620-0222
    Toll-free in Oregon (800) 452-8260

    Oregon State Board of Bar Examiners
    5200 S. W. Meadows Road
    P. O. Box 1689
    Lake Oswego, Oregon 97035-0889

  • Pennsylvania

    RULE 5.5 MJP/UPL CURRENT

    (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

    (b) A lawyer who is not admitted to practice in this jurisdiction shall not:
    (1) except as authorized by these Rules, Pa.B.A.R. 302 or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or
    (2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

    (c) A lawyer admitted in another United States jurisdiction or in a foreign jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that:
    (1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;
    (2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;
    (3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or
    (4) are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice.

    (d) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may, subject to the requirements of Pa.B.A.R. 302, provide legal services in this jurisdiction that:
    (1) are provided to the lawyer’s employer or its organizational affiliates and are not services for which the forum requires pro hac vice admission, except that this paragraph (d) does not authorize a lawyer who is not admitted in this jurisdiction and who is employed by the Commonwealth, any of its political subdivisions or any of their organizational affiliates to provide legal services in this jurisdiction; or
    (2) are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction.

    Comments to Rule 5.5

    IN-HOUSE COUNSEL RULE

    Rule 302 requires every attorney not a member of the Pennsylvania bar who is employed by and performs legal services in Pennsylvania for a corporation, company, partnership, association or other non-governmental business entity, to obtain a Limited In-House Corporate Counsel License in order to provide such services if the services are rendered on more than a temporary basis by the attorney or if the attorney maintains an office or other systematic and continuous presence in Pennsylvania.

    PRO HAC VICE

    Rule 301 covers procedures for admission pro hac vice. Other rules governing procedures and conduct for pro hac vice are: Pennsylvania Rules of Civil Procedure Rule 1012.1, Pennsylvania Lawyers Fund for Client Security Rule 512, and Pennsylvania Interest on Lawyer Trust Funds board Rule 81.501. Additionally, there is a pro hac vice admission fee of $100 per case in which the attorney appears pro hac vice. The proceeds will go to the Interest On Lawyers Trust Account program which funds civil legal services for those who cannot afford to pay for those services.

    Rule 1021.1 of the Rules of Civil Procedure set forth the requirements for the motion for pro hac vice admission and requires the associating attorney to enter an appearance in the matter, remain the attorney of record, and appear in all proceedings other than depositions or unless excused by the court. The motion will be granted unless the court finds good cause to deny it, based on grounds set forth in the rule.

    Any questions and comments may be sent to: 
    The Disciplinary Board of the Supreme Court of Pennsylvania

    Pennsylvania Judicial Center
    601 Commonwealth Avenue, Suite 2700
    P.O. Box 62485
    Harrisburg, PA 17106-2485
    Phone: 717.783.0990
    Fax: 717.783.4963
    Email: comments@padisciplinaryboard.org

    ADMISSION ON MOTION

    Pennsylvania Bar Rule 204 allows reciprocal admission, but not for those who have taken and failed the Pennsylvania Bar. Applications may be filed online. Please see the Pennsylvania Board of Law Examiner’s Page on Reciprocity for reciprocal jurisdictions and further instructions for attorneys of California, the District of Columbia, and Washington.

    CONTACT

    Pennsylvania Bar Association
    100 South Street
    Harrisburg, PA 17101
    Phone (800) 932-0311
    Email: info@pabar.org

    Pennsylvania Board of Law Examiners
    601 Commonwealth Ave., Suite 3600
    P.O Box 62535
    Harrisburg, PA 17106-2535
    Phone (717) 231-3350

    Last Updated 24 December 2020

  • Rhode Island

    RULE 5.5 MJP/UPL CURRENT

    (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the
    legal profession in that jurisdiction, or assist another in doing so.

    (b) A lawyer who is not admitted to practice in this jurisdiction shall not:
    (1) except as authorized by these Rules or other law, establish an office or other
    systematic and continuous presence in this jurisdiction for the practice of law; or
    (2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

    (c) A lawyer admitted in another United States jurisdiction, and not disbarred or
    suspended from practice in any jurisdiction, may provide legal services on a temporary
    basis in this jurisdiction that:
    (1) are undertaken in association with a lawyer who is admitted to practice in this
    jurisdiction and who actively participates in the matter;
    (2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;
    (3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or
    (4) are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice.

    (d) A lawyer admitted in another United States jurisdiction, and not disbarred or
    suspended from practice in any jurisdiction, may provide legal services in this
    jurisdiction that:
    (1) are provided to the lawyer’s employer or its organizational affiliates and are not
    services for which the forum requires pro hac vice admission; or
    (2) are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction.

    Comments to Rule 5.5  

    IN-HOUSE COUNSEL RULE

    The Rhode Island Supreme Court adopted Article II Rule 9 governing in house counsel. An in house lawyer admitted in another state but who is not a member of the RI Bar may practice law for his or her company and its subsidiaries (including directors, officers and employees in their company capacities) other than in contested legal proceedings. Such attorneys must register  with the Court and will be subject to RI’s disciplinary procedures, CLE requirements and rules of professional conduct.

    PRO HAC VICE

    Rhode Island Supreme Court Article II Rule 9 allows any nonresident attorney who is a member in good standing of the bar of any other state, upon special and infrequent occasion and for good cause shown upon written motion presented by a member of the bar of this state, permission in the discretion of the court to participate to such an extent as the court may prescribe in the presentation of a cause or appeal in any court of this state, however, that a member of the bar of this state must sign all pleadings, briefs and other papers filed with the court and assume full responsibility for them and for the conduct of the cause and of the attorney to whom such privilege is accorded.

    ADMISSION ON MOTION

    Rhode Island Supreme Court Rules Article II Rule 2 requires all applicants for admission without examination to pass the essay portion of the Rhode Island bar examination. Applicants seeking to take the abbreviated examination must be admitted to practice law in a U.S. state, territory, or district, and have practiced for at least five of the ten years preceding application.

    CONTACT

    The Rhode Island Bar Association
    41 Sharpe Dr.
    Cranston, RI 02920
    T: 401-421-5740
    F: 401-421-2703
    E: info@ribar.com

    Last Updated 24 December 2020.
     

  • South Carolina

    RULE 5.5 MJP/UPL CURRENT

    (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction or assist another in doing so.

    (b) A lawyer who is not admitted to practice in this jurisdiction shall not:
    (1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or
    (2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

    (c) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that:
    (1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;
    (2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;
    (3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s representation of an existing client in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or
    (4) are not within paragraph (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer’s representation of an existing client in a jurisdiction in which the lawyer is admitted to practice.

    (d) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services in this jurisdiction that:
    (1) are provided to the lawyer’s employer or its organizational affiliates and are not services for which the forum requires pro hac vice admission; or
    (2) are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction.

    Rule 5.5 and Comments

    IN-HOUSE COUNSEL RULE

    South Carolina’s Rule 405 https://www.sccourts.org/courtreg/displayRule.cfm?ruleID=405.0&subRuleI… allows a limited certificate of admission to practice if the attorney is employed in the legal department or under the supervision of the legal department of a corporation, company, partnership, or association (business employer) which does not provide legal services in South Carolina to the public or its employees. If not a South Carolina corporation, company, partnership or association, the business employer must be qualified or otherwise lawfully engaged in business in South Carolina. The attorney must perform most duties for the business employer in South Carolina and have a principal office in South Carolina, provides legal services in South Carolina solely for the business employer or the parent or subsidiary of such employer.

    PRO HAC VICE

    South Carolina Appellate Court Rule 404 allows pro hac vice admission if an attorney admitted to practice law in South Carolina is associated as attorney of record. An attorney may not appear pro hac vice if the attorney is a resident of South Carolina, is regularly employed in South Carolina, or is regularly engaged in the practice of law or in substantial business or professional activities in South Carolina, unless the attorney has filed an application for admission under Rule 402, SCACR. The attorney seeking to appear pro hac vice shall provide a copy of the application to the South Carolina Supreme Court Office of Bar Admissions accompanied by a $250 fee. The South Carolina attorney of record shall at all times be prepared to go forward with the case; sign all papers subsequently filed; and attend all subsequent proceedings in the matter, unless the tribunal specifically excuses the South Carolina attorney of record from attendance.

    Also see Rule 403 which has a separate requirement of trial experience before counsel may appear before any court of South Carolina.

    ADMISSION ON MOTION

    South Carolina does not permit admission on motion. However, some exceptions are made for law professors. For further information please contact:

    South Carolina Office of Bar Admissions
    Supreme Court Building
    1231 Gervais Street
    Columbia, SC 29201

    Mailing Address:
    Office of Bar Admissions
    Supreme Court of South Carolina
    P.O. Box 11330
    Columbia, SC 29211
    Phone (803) 734-1080

    CONTACT

    South Carolina Bar
    950 Taylor Street
    Columbia, SC 29201
    Phone (803) 799-6653
    Fax (803) 799-4118
    Email: scbar-info@scbar.org

    Last Updated 24 December 2020.

  • South Dakota

    RULE 5.5 MJP/UPL CURRENT

    (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

    (b) A lawyer who is not admitted to practice in this jurisdiction shall not:
    (1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or
    (2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

    (c) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that:
    (1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;
    (2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;
    (3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or
    (4) are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice, and
    (5) in all cases, the lawyer obtains a South Dakota sales tax license and tenders the applicable taxes pursuant to Chapter 10-45.

    (d) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction or the equivalent thereof, or a person otherwise lawfully practicing as an in-house counsel under the laws of a foreign jurisdiction, , may provide legal services  through an office or other systematic and continuous presence in this jurisdiction that:
    (1) are provided to the lawyer’s employer or its organizational affiliates , are not services for which the forum requires pro hac vice admission, and when performed by a foreign lawyer and requires advice on the law of this or another U.S. jurisdiction or of the United States, such advice shall be based upon the advice of a lawyer who is duly licensed and authorized by the jurisdiction to provide such advice; or
    (2) are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction, provided that the lawyer obtains a South Dakota sales tax license and tenders the applicable taxes pursuant to Chapter 10-45.

    (e) For purposes of paragraph (d):
    (1) The foreign lawyer must be a member in good standing of a recognized legal profession in a foreign jurisdiction, the members of which are admitted to practice as lawyers or counselors at law or the equivalent, and subject to effective regulation and discipline by a duly constituted professional body or a public authority; or
    (2) The person otherwise lawfully practicing as an in-house counsel under the laws of a foreign jurisdiction must be authorized to practice under this rule by, in the exercise of its discretion, the South Dakota Supreme Court.

    Rule 5.5 and Comments  

    IN-HOUSE COUNSEL RULE

    South Dakota does not have an in-house counsel rule other than Rule 5.5(d).

    PRO HAC VICE

    South Dakota Code Section 16-18-2 provides for Pro Hac Vice to eligible attorneys who file a written sworn motion requesting admission to the court that the attorney is seeking admission, a fee of $200, and associate a resident practicing memeber of the State Bar of South Dakota who is actually employed and personally participates with the applicant in the matter for which admission is sought.

    ADMISSION ON MOTION

    South Dakota Codified Laws 16-16-12.1 allows admission without examination. The applicant must submit, among other things required by the rule, a criminal background check, a certified copy of the application for admission to the bar in each jurisdiction in which the applicant has previously been admitted to practice law, a report of the National Conference of Bar Examiners as to the applicant’s character, a copy of the rule in the state in which the applicant has been practicing law which allows South Dakota attorneys substantially similar admission without examination. To the extent that the state has additional requirements for South Dakota lawyers seeking admission without examination, the board of bar examiners may impose the same additional requirements for applicants seeking admission in South Dakota without examination.

    CONTACT

    State Bar of South Dakota
    111 W Capitol Ave. #1
    Pierre, SD 57501
    P: 605-224-7554
    F: 605-224-0282

    Disciplinary Board
    The State Bar of South Dakota
    111 W Capitol Ave. #1
    Pierre, SD 57501

    South Dakota Supreme Court
    500 East Capitol Avenue
    Piere, South Dakota 57501
    Phone (605) 773-3511
    Fax (605) 773-6128
    Supreme Court Clerks Contact

    Last Updated 24 December 2020.

  • Tennessee

    RULE 5.5 MJP/UPL CURRENT

    (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

    (b) A lawyer who is not admitted to practice in this jurisdiction shall not:
    (1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or
    (2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

    (c) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that:
    (1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;
    (2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;
    (3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s representation of an existing client in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or
    (4) are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer’s representation of an existing client in a jurisdiction in which the lawyer is admitted to practice.

    (d) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services in this jurisdiction that:
    (1) are provided to the lawyer’s employer or its organizational affiliates and are not services for which the forum requires pro hac vice admission; or
    (2) are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction.
    (3) A lawyer providing legal services pursuant to paragragh (d)(1) is subject to registration pursuant to Tenn. Sup. Ct. R.7, § 10.01, and may be subject to other requirments, including assessments for client protection funds and mandatory continuing legal education. Failure to register in a timely manner may preclude the lawyer from later seeking admission in this jurisdiction.

    (e) A lawyer authorized to provide legal services in this jurisdiction pursuant to paragraph (d)(1) of this Rule may also provide pro bono legal services in this jurisdiction, provided that these services are offered through an established not-for-profit bar association, pro bono program or legal services program or through such organization(s) specifically authorized in this jurisdiction and provided that these are services for which the forum does not require pro hac vice admission.

    (f) A lawyer providing legal services in Tennessee pursuant to paragraph (c) or (d) shall advise the lawyer’s client that the lawyer is not admitted to practice in Tennessee and shall obtain the client’s informed consent to such representation.

    (g) A lawyer providing legal services in Tennessee pursuant to paragraph (c) or (d) shall be deemed to have submitted himself or herself to personal jurisdiction in Tennessee for claims arising out of the lawyer’s actions in providing such services in this state.

    (h) A lawyer or law firm shall not employ or continue the employment of a disbarred or suspended lawyer as an attorney, legal consultant, law clerk, paralegal or in any other position of a quasi-legal nature.

    Rule 5.5 and Comments 

    IN-HOUSE COUNSEL RULE

    Tennessee does not have an exception for in house counsel acting without bar admission.

    PRO HAC VICE

    Tennessee Supreme Court Rule 19 allows pro hac vice admission for non resident attorneys who associate a member of the Tennessee bar.

    ADMISSION ON MOTION

    Tennessee Supreme Court Rule 7Article I, Section 1.04 allows the waiver of examination pursuant to the requirements in Rule 7.  

    CONTACT

    Tennessee Bar Association
    221 Fourth Avenue North, Suite 400
    Nashville, TN 37219-2198
    Phone (615) 383-7421
    Fax (615) 297-8058
    Email: email@tnbar.org

    Last Updated 24 December 2020.
     

  • Texas

    RULE 5.05 MJP/UPL CURRENT

    A lawyer shall not:
    (a) practice law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction; or

    (b) assist a person who is not a member of the bar in the performance of activity that constitutes the unauthorized practice of law.

    Rule 5.05 and Comments

    IN-HOUSE COUNSEL RULE

    Texas does not have a in house counsel rule permitting out-of-state lawyers to practice law in-state for corporate clients without having to take and pass the Texas bar examination. However, certain in-state activities by out-of-state lawyers, including specified legal work for a corporate employer, are not deemed to be the unlawful practice of law pursuant to a Policy Statement on Practice Requirements for Rule XIII issued by the Texas Board of Law Examiners.

    PRO HAC VICE

    Pro hac vice is governed by Texas Supreme Court Rule XIX. The fee pursuant to Subchapter B Chapter 82 of the Government Code Section 82.0361 requires a fee of $250. After filing the Application For Pro Hac Vice Admission and fee, the next step is to file a sworn motion, in compliance with Rule XIX in the Texas Court in which you request to participate, which must be accompanied by the acknowledgment letter you will receive from the Board. Proceedings filed under a new cause number in any Texas Court, including all appellate courts, are considered new proceedings and are subject to a new application and fee.

    For further information and application materials please see the Texas Board of Law Examiner’s Page on pro hac vice admission.

    ADMISSION ON MOTION

    Texas Supreme Court Rule Governing Admission to the Bar Rule XIII allows admission on motion based on eligibility.

    CONTACT

    The State Bar of Texas
    Street Address:
    1414 Colorado
    Austin, Texas 78701
    Phone 512.427.1463
    (800) 204-2222
    Mailing Address:
    PO Box 12487
    Austin, TX 78711

    Texas Board of Law Examiners    

    Mailing Address:
    Board of Law Examiners
    PO Box 13486
    Austin, TX 78711
    Delivery Address:
    Board of Law Examiners
    205 West 14th Street, 5th Floor
    Austin, Texas 78701

    Last Updated on 24 December 2020.

  • Utah

    RULE 5.5 MJP/UPL CURRENT

    (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

    (b) A lawyer who is not admitted to practice in this jurisdiction shall not:

    (b)(1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or

    (b)(2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

    (c) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that:

    (c)(1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;

    (c)(2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;

    (c)(3) are in or reasonably related to a pending or potential arbitration, mediation or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or

    (c)(4) are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice.

    (d) A lawyer admitted in another United States jurisdiction and not disbarred or suspended from practice in any jurisdiction may provide legal services through an office or other systematic and continuous presence in this jurisdiction without admission to the Utah State Bar if:

    (d)(1) the services are provided to the lawyer’s employer or its organizational affiliates while the lawyer has a pending application for admission to the Utah State Bar and are not services for which the forum requires pro hac vice admission; or

    (d)(2) the services provided are authorized by specific federal or Utah law or by applicable rule.

    Comments to Rule 5.5

    IN-HOUSE COUNSEL RULE

    Rule 14-719 allows counsel to be admitted to practice law as an employee representing her or his employer.

    Learn more here.

    PRO HAC VICE

    See Utah Judicial Council Code of Judicial Administration, Rule 14-806.

    ADMISSION ON MOTION

    Rule 14-705 allows admission by motion.

    CONTACT

    Utah State Bar
    645 South 200 East
    Salt Lake City, UT 84111
    Phone (801) 531-9044
    Fax (801) 531-0660

    Email: info@utahbar.org

    Office of Professional Conduct

    Last Updated 5 January 2021.

  • Vermont

    RULE 5.5 MJP/UPL CURRENT

    (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

    (b) A lawyer who is not admitted to practice in this jurisdiction shall not: 
    (1) except as authorized by these rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or 
    (2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction. 

    (c) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that:
    (1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;
    (2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized; 
    (3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or 
    (4) are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice. 

    (d) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services in this jurisdiction that: 
    (1) are provided to the lawyer’s employer or its organizational affiliates and are not services for which the forum requires pro hac vice admission; or 
    (2) are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction.—Amended June 17, 2009, eff. Sept. 1, 2009. 

    Rule 5.5 and Comments

    IN HOUSE COUNSEL RULE

    Vermont does not have an exception for in house counsel acting without bar admission. However, Rule 5.5 addresses in house counsel practice.

    PRO HAC VICE

    An attorney who is not a member of the Bar of the Vermont Supreme Court, but who is admitted to practice law in another state or the District of Columbia (hereinafter called a “nonresident attorney”), and who is not currently suspended or disbarred in any state or the District of Columbia, must file a pro hac vice licensing statement and pay the required fee in accordance with this administrative order prior to filing a motion to be admitted in a particular case pursuant to V.R.C.P. 79.1(e), V.R.Cr.P. 44.2(b), V.R.F.P. 15(e), V.R.P.P. 79.1(d), or V.R.A.P. 45.1(e).

    Administrative Order No. 41 Section 16  

    ADMISSION ON MOTION

    RULES OF ADMISSION TO THE BAR OF THE VERMONT SUPREME COURT :      

    PART III. ADMISSION WITHOUT EXAMINATION 

    RULE 14. NECESSARY SHOWING FOR ADMISSION WITHOUT EXAMINATION; RESTRICTION ON ELIGIBILITY

    An Attorney-Applicant may seek admission to the Bar without examination by submitting an Application on forms required by the Board and paying the required fee. An Application may be filed at any time. An Attorney-Applicant is not eligible to seek admission under this rule if he or she has failed the Vermont Bar Examination within the preceding 5 years or failed to earn a score of 270 or higher on the Uniform Bar Examination taken in Vermont or another UBE jurisdiction within the preceding 5 years. 

    RULE 15. REQUIREMENTS FOR ATTORNEY-APPLICANTS
     An Attorney-Applicant must meet all the following requirements.

    (a) Practice of Law. The Attorney-Applicant must have been Actively Engaged in the Practice of Law for 5 of the preceding 10 years in one or more U.S. jurisdictions. 
    (1) Waiver. Part of the 5-year requirement may be waived if: 
    (A) any jurisdiction in which the Attorney-Applicant is currently licensed and in which he or she has been Actively Engaged in the Practice of Law for not less than six months 900-000014 Rules of Admission (08/2019) Page 24 of 34 requires fewer than 5 years’ admission as a condition of admission on motion and without examination for attorneys licensed in that jurisdiction; and 
    (B) the Attorney-Applicant has been Actively Engaged in the Practice of Law for not less than 3 of the preceding 10 years. 
    (2) Waiver for Maine and New Hampshire. The 5-year requirement may be waived if the Attorney-Applicant is currently licensed to practice law in Maine or New Hampshire and has been Actively Engaged in the Practice of Law in Maine or New Hampshire for not less than 3 years immediately preceding filing an Application for admission under this rule. This provision of the rule shall remain in effect only so long as the equivalent Maine or New Hampshire rule remains effective. 

    (b) Current Licensing and Status. The Attorney-Applicant must be currently licensed to practice in at least one U.S. jurisdiction; not under suspension or revocation in any jurisdiction for disciplinary reasons; and be a member in good standing in all jurisdictions in which the AttorneyApplicant practices law. 

    (c) Continuing Legal Education (CLE) Requirement. An Attorney-Applicant must attend at least 15 hours of CLE on Vermont practice and procedure in courses approved by the Board of Continuing Legal Education and certified by the Board of Bar Examiners as satisfying the requirements of this rule. A minimum of 6 of the 15 CLE hours must be earned by attendance at live courses. The Attorney-Applicant must satisfy this requirement within one year before or one year after admission to the Vermont Bar. The Applicant must timely certify satisfaction of this requirement or the Applicant’s license will be suspended. For good cause, the Board may extend the time necessary to satisfy this CLE requirement.

    RULES OF ADMISSION TO THE BAR OF THE VERMONT SUPREME COURT      

    CONTACT

    Vermont Bar Association
    PO Box 100
    Montpelier, VT 05601-0100
    Phone (802) 223-2020
    Fax (802) 223-1573

    The Board of Bar Examiners
    Office of Attorney Licensing
    Costello Courthouse
    32 Cherry St., Suite 213
    Burlington, VT 05401
    Phone: (802) 859-3000
    Fax: (802) 859-3003

    Last Updated 24 December 2020.

  • Virginia

    RULE 5.5 MJP/UPL CURRENT

    (a)   A lawyer, law firm or professional corporation shall not employ in any capacity a lawyer whose license has been suspended or revoked for professional misconduct, during such period of suspension or revocation, if the disciplined lawyer was associated with such lawyer, law firm, or professional corporation at any time on or after the date of the acts which resulted in suspension or revocation.

    (b)   A lawyer, law firm or professional corporation employing a lawyer as a consultant, law clerk, or legal assistant when that lawyer’s license is suspended or revoked for professional misconduct shall not represent any client represented by the disciplined lawyer or by any lawyer with whom the disciplined lawyer practiced on or after the date of the acts which resulted in suspension or revocation.

    (c)   A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

    (d)   Foreign Lawyers:
    (1)     “Foreign Lawyer” is a person authorized to practice law by the duly constituted and authorized governmental body of any State or Territory of the United States or the District of Columbia, or a foreign nation, but is neither licensed by the Supreme Court of Virginia or authorized under its rules to practice law generally in the Commonwealth of Virginia, nor disbarred or suspended from practice in any jurisdiction.
    (2)      A Foreign Lawyer shall not, except as authorized by these Rules or other law:
    (i) establish an office or other systematic and continuous presence in Virginia for the practice of law, which may occur even if the Foreign Lawyer is not physically present in Virginia; or
    (ii) hold out to the public or otherwise represent that the Foreign Lawyer is admitted to practice law in Virginia.
    (3)     A Foreign Lawyer shall inform the client and interested third parties in writing:
    (i) that the lawyer is not admitted to practice law in Virginia;
    (ii) the jurisdiction(s) in which the lawyer is licensed to practice; and
    (iii) the lawyer’s office address in the foreign jurisdiction.
    (4)      A Foreign Lawyer may, after informing the client as required in 3(i)-(iii) above, provide legal services on a temporary and occasional basis in Virginia that:
    (i) are undertaken in association with a lawyer who is admitted to practice without limitation in Virginia or admitted under Part I of Rule 1A:5 of this Court and who actively participates in the matter;
    (ii) are in or reasonably related to a pending or potential proceeding before a tribunal in Virginia or another jurisdiction, if the Foreign Lawyer, or a person the Foreign Lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;
    (iii) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in Virginia or another jurisdiction, if the services arise out of or are reasonably related to the Foreign Lawyer’s practice in a jurisdiction in which the Foreign Lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or
    (iv) are not within paragraphs (4)(ii) or (4)(iii) and arise out of or are reasonably related to the representation of a client by the Foreign Lawyer in a jurisdiction in which the Foreign Lawyer is admitted to practice or, subject to the foregoing limitations, are governed primarily by international law.
    (5) A foreign legal consultant practicing under Rule 1A:7 of this Court and a corporate counsel registrant practicing under Part II of Rule 1A:5 of this Court are not authorized to practice under this rule.

    Rule 5.5 and Comments

    While Virginia’s rule 5.5 does not contain the ABA model’s provisions regarding in-house counsel, the state’s corporate counsel registration rules (Part II of Rule 1A:5 of the Virginia Supreme Court Rules) are referenced and do allow out of state counsel to provide services to their employers, upon certification by the Virginia Bar.
    Rule 8.5 was also adopted, extending disciplinary jurisdiction to out of state lawyers engaging in practice in Virginia. It deviates from the ABA model rule, however, in that it applies disciplinary rules of the jurisdiction in which the misconduct occurred.

    The foreign legal consultant rule, Rule 1A:7, allows a foreign attorney to practice as a foreign legal consultant, “only with regard to matters involving the law of foreign nation(s) in which the person is admitted to practice or international law”. Among other things, a foreign attorney must establish that he or she has been a member in good standing of the bar of a foreign country for five of the prior seven years.

    IN-HOUSE COUNSEL RULE

    Virginia Supreme Court Rule 1A:5 allows the house counsel to either be a regularly admitted active member of the Virginia State Bar; be issued a Corporate Counsel Certificate and thereby become an active member of the Virginia State Bar with his or her practice limited as provided therein; or register with the Virginia State Bar as provided in Part II of this rule; provided, however, no person who is or has been a member of the Virginia State Bar, and whose Virginia License, at the time of application, is revoked or suspended, shall be issued a Corporate Counsel Certificate or permitted to register under this Rule. For further information and forms please see the Virginia State Bar’s Site on Corporate Counsel.

    PRO HAC VICE

    Pro hac vice is governed by Rule 1A:4.
    Students may practice with a license or certificate under Virginia Code Section 54.1-3900.

    ADMISSION ON MOTION

    Virginia Supreme Court Rule 1A:1 governs admission without examination and requires reciprocity.
    For further information please see the Virginia Board of Bar Examiner’s site on Admission Without Examination.

    CONTACT

    Virginia State Bar
    1111 E. Main Street
    Suite 700
    Richmond, Virginia 23219-0026
    Phone (804) 775-0500

    Virginia Board of Bar Examiners
    2201 West Broad Street
    Suite 101
    Richmond, VA 23220
    Phone (804) 367-0412
    Fax (804) 367-0416

    Last Updated 24 December 2020.

  • Washington

    RULE 5.5 MJP/UPL CURRENT

    (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

    (b) A lawyer who is not admitted to practice in this jurisdiction shall not:
    (1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or
    (2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

    (c) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that:
    (1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;
    (2) are in or reasonable related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;
    (3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer?s practice in a jurisdiction in which the
    lawyer is admitted to practice and are not services for which the forum
    requires pro hac vice admission; or
    (4) are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer?s practice in a jurisdiction in which the lawyer is admitted to practice.

    (d) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services in this jurisdiction that:
    (1) are provided to the lawyer?s employer or its organizational affiliates and are not services for which the forum requires pro hac vice admission; or
    (2) are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction.

    (e)  For purposes of paragraph (d), the foreign lawyer must be a member in good standing of a recognized legal profession in a foreign jurisdiction, the members of which are admitted to practice as lawyers or counselors at law or
    the equivalent, and are subject to effective regulation and discipline by a  duly constituted professional body or a public authority.

    Rule 5.5 and Comments  

    IN HOUSE COUNSEL RULE

    Rule 5.5(d) allows in house lawyers the ability to provide legal services in Washington without being admitted to practice there, as long as the services are not those for which pro hac vice admission is required.

    Admission to Practice Rule 8 allows a limited license for house counsel once the application is approved. 

    PRO HAC VICE

    Pro hac vice admission is governed by Admission to practice Rule 8(b) which requires a fee of $488 and association with a Washington lawyer.
    For further information please see the Washington State Bar Association’s Page on Pro hac vice admission. 

    ADMISSION ON MOTION

    Admission to Practice Rule 3(c)(1):

    (c) Lawyer Admission by Motion.  Lawyers admitted to practice law in other states or territories of the United States or the District of Columbia are not required to sit for the lawyer bar examination if they:
    (1) Lawyers admitted to practice law in other states or territories of the United States or the District of Columbia are not required to sit for the lawyer bar examination if they:

    (A) file a certificate from that jurisdiction certifying the lawyer's admission to practice, and the date thereof, and current good standing or the equivalent; and

    (B) present satisfactory proof of active legal experience for at last three of the five years immediately preceding the filing of the application.

    For application and further information please see Washington State Bar Association’s page on Reciprocity

    CONTACT

    Washington State Bar Association
    1325 4th Avenue
    Suite 600
    Seattle, WA 98101
    Phone (206) 443- WSBA (9722)
    Toll-free (800) 945-WSBA (9722)
    Email: questions@wsba.org

    Last Updated 24 December 2020.
     

  • West Virginia

    IN-HOUSE COUNSEL RULE

    5.5(d) A lawyer admitted in another United States jurisdiction or in a foreign jurisdiction, and
    not disbarred or suspended from practice in any jurisdiction or the equivalent thereof, may
    provide legal services through an office or other systematic and continuous presence in this jurisdiction that:
    (1) are provided to the lawyer’s employer or its organizational affiliates; are not services
    for which the forum requires pro hac vice admission; and, when performed by a foreign
    lawyer and requires advice on the law of this or another jurisdiction or of the United States,
    such advice shall be based upon the advice of a lawyer who is duly licensed and authorized by the jurisdiction to provide such advice; or
    (2) are services that the lawyer is authorized by federal or other law or rule to provide in
    this jurisdiction.

    (e) For purposes of paragraph (d), the foreign lawyer must be a member in good standing of a recognized legal profession in a foreign jurisdiction, the members of which are admitted to practice as lawyers or counselors at law or the equivalent, and are subject to effective regulation and discipline by a duly constituted professional body or a public authority.

    (f) Before providing any legal services set forth in paragraph (c) or (d) a lawyer must make an affirmative disclosure to the client that the lawyer is not admitted to practice in West Virginia.

    Rule 5.5 and Comments  

    West Virginia does not appear to require registration of foreign in-house counsel. 

    PRO HAC VICE

    Rules for admission Pro Hac Vice are found on the West Virginia State Bar Pro Hac Vice page.    

    Admission on Motion

    Rules are found on the West Virgina Supreme Court of Appeals Rules for Admission page at Practice of Law Rules 4.0- 4.5.

    CONTACT

    The West Virginia State Bar
    2000 Deitrick Blvd.
    Charleston, WV 25311
    Phone: 304-553-7220
    Toll Free: 866-989-8227

    West Virginia Court System Supreme Court of Appeals
    Contact Information

    Last Updated 28 March 2023.

  • Wisconsin

    IN HOUSE COUNSEL RULE

    20:5.5 (d) A lawyer admitted to practice in another United States jurisdiction or in a foreign jurisdiction, who is not disbarred or suspended from practice in any jurisdiction for disciplinary reasons or medical incapacity, may provide legal services through an office or other systematic and continuous presence in this jurisdiction that: 

         (1) are provided to the lawyer's employer or its organizational affiliates after compliance with SCR 10.03 (4) (f), and are not services for which the forum requires pro hac vice admission; or 

         (2) are services that the lawyer is authorized to provide by federal law or other law or other rule of this jurisdiction. 

    See SCR 20:5.5  and comments.  

    Wisconsin requires in-house registration for counsel licensed in foreign jurisdictions.  See the Wisconsin Court System's page on in-house registration.   

    PRO HAC VICE

    Wisconsin allows pro hac vice admission.  See the Wisconsin Court System's page on pro hac vice admission.

    Some Circuit Courts in Wisconsin have their own pro hac vice rules.

    ADMISSION ON MOTION

    Admission on motion is allowed.  See Rule 40.05 

    For further information and forms please see the Wisconsin Court System’s Page on Admission

    CONTACT

    Wisconsin Court System

    State Bar of Wisconsin
    5302 Eastpark Blvd.
    Madison, WI 53718-2101
    Phone (608) 257-3838
    (800) 728-7788
    Fax (608) 250-6020
    Email: service@wisbar.org

    Mailing Address:
    PO Box 7158
    Madison, WI 53707
    Ethics Hotline
    (800) 444-9404 ext. 6168
    (608) 250-6168

    Board of Bar Examiners  
    110 East Main Street, Suite 715
    P.O. Box 2748
    Madison, WI 53701-2748
    Phone (608) 266-9760
    Fax (608) 266-1196
    Email: bbe@wicourts.gov

    Last Updated 28 March 2023.

  • Wyoming

    IN-HOUSE COUNSEL RULE

    5.5 (d) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction or the equivalent of, may provide legal services in this jurisdiction that:

    1. are provided to the lawyer’s employer or its organizational affiliates and are not services for which the forum requires pro hac vice admission; or
    2. are services that the lawyer is authorized by federal law, tribal law or other law or rule to provide in this jurisdiction.

    Wyoming Rules of Professional Conduct and Comments

    No registration appears to be required. 

    PRO HAC VICE

    Pro Hac Vic admission is permitted.  For information and application instructions see Wyoming State Bar’s Page on Pro hac vice.

    ADMISSION ON MOTION

    Admission on motion is permitted.  Click for more information.

    CONTACT

    Wyoming Judicial Branch

    Wyoming State Bar
    4124 Laramie Street
    PO Box 109
    Cheyenne, WY 82001
    Phone (307) 632-9061
    Fax (307) 632-3737

    Last Updated 9 March 2023.

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