American Bar Association

Section Of Public Utility, Communications And Transportation Law

Pursuant to the request of the American Bar Association Commission of Multijurisdictional Practice, for recommendation on how States should handle multijurisdictional practice issues, the Council of the Public Utility, Communications and Transportation Law Section submits its recommendations as follows:

The organized bar should encourage all states to adopt a model law or rule that:

  1. Would entitle a lawyer admitted in any state to advise clients on federal or non-U.S. law and incidental state law anywhere;
  2. Would entitle a lawyer in good standing, while temporarily in any state and, excluding a permanent physical presence, to engage in activities for which a law license would otherwise be required; and
  3. Would authorize lawyers employed by a corporation, governmental or other organization in good standing in their state of residence to move into another state and continue to represent their corporate, governmental or other organizational employer by practicing law for their employer during their employment. This practice should include court appearances pro hac vice.

Respectfully submitted,

Council of the Section of Public Utility,
Communications and Transportation Law
March 10, 2001

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