Multijurisdictional Practice By Lawyers Model Rules/Statute

Rule/Statute _____. Jurisdiction

(A) The [Supreme Court/Legislature] of [State], in the exercise of its [exclusive] jurisdiction to define the practice of law and to prohibit the unauthorized practice of law within this jurisdiction, adopts the following rule, which shall govern the practice of law in this jurisdiction by lawyers admitted in other jurisdictions.

(B) Authorized multijurisdictional practice of law in this jurisdiction is defined as set forth in sub-paragraphs (1) and (2) below:

(1) The practice of law by an attorney who:

(a) is not licensed in this jurisdiction, but who represents a client on a temporary basis in this jurisdiction; and

(b) is licensed to practice law in any other jurisdiction; and

(c) is a member of the bar and in good standing in all such courts and jurisdictions where he or she has been admitted; and

(d) does not establish an office or other systematic and continuous presence in this jurisdiction for the practice of law or hold himself or herself out as authorized to practice law in this jurisdiction; and

(e) has advised the client of the status of his or her license and has obtained informed consent for such representation, which may be given retroactively.

(2) The practice of law by an attorney who:

(a) is not licensed in this jurisdiction; and

(b) is licensed to practice law in any other jurisdiction; and

(c) is a member of the bar and in good standing in all such courts and jurisdictions where he or she has been admitted; and

(d) limits his or her practice of law in this jurisdiction to acting as in-house counsel for a single client; and

(e) advised such client of the status of his or her license, and obtained the informed consent for such repre- sentation from such client, which may be given retroactively.

(C) Authorized multijurisdictional practice does not constitute the unauthorized practice of law as otherwise defined in this jurisdiction.

(D) Attorneys or counselors at law not licensed in this jurisdiction, who are licensed to practice law in any other jurisdiction, and who appear in any court of record or before any administrative hearing officer must also comply with Rules [Rules of Court of this jurisdiction] governing pro hac vice admission].

(E) Any attorney who engages in the multijurisdictional practice of law, whether authorized in accordance with these Rules/this Statute or not, shall be subject to the Rules of Professional Conduct and the Rules of Procedure regarding attorney discipline of this jurisdiction.

 


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