Statutes and Rules Limiting Multijurisdictional Law Practice from 51 United States Jurisdictions - Center for Professional Responsibility

Statutes and Rules Limiting
Multijurisdictional Law Practice
from 51 United States Jurisdictions

 

Compiled for the
American Bar Association
Symposium on the Multijurisdictional Practice of Law
March 10-11, 2000
Fordham University School of Law
New York, New York

 

by the
Attorneys' Liability Assurance Society, Inc.,
A Risk Retention Group
Chicago, Illinois

 

 

Copyright 2000 by the American Bar Association, Stein Center for Law and Ethics at Fordham University School of Law, Attorneys Liability Assurance Society and the American Corporate Counsel Association. All rights reserved.

Scope of the Survey

The information contained in this survey was derived from two sources: (1) select lawyers from ALAS Member Firms, and (2) the 1994 Survey and Related Materials on the Unauthorized Practice of Law/Nonlawyer Practice, published by the American Bar Association ("the ABA Survey").

ALAS asked lawyers from its Member Firms to provide relevant statutes and court rules for all fifty states and the District of Columbia that concern the unauthorized practice of law. Specifically, we asked for statutes and rules relating to the unauthorized practice of law by "foreign lawyers," i.e., lawyers admitted in states other than the state in which the statute or rule exists.

Regardless of whether we received a response, we also reviewed the ABA Survey. If a relevant statute or rule appeared in the ABA Survey, but we did not receive that statute or rule from our ALAS Member lawyer, we checked the relevant state's website to determine if the statute or rule was still good law. If the statute or rule was available on the website, we then included the statute or rule (modified, if necessary) in these materials. If no UPL statute or rule is listed in the ALAS Survey for a particular state, that means no statute or rule within the scope of our survey was listed in the ABA Survey and none was provided by ALAS Member Firm lawyers.

There are several statutes and rules that we did not include. We did not identify statutes or rules that concern the practice of law by non-lawyers. We did not include each state's version of ABA Model Rule 5.5 or DR 3-101 of the Model Code of Professional Responsibility. We typically did not include the rules and procedures of Committees on the Unauthorized Practice of Law, although we did in some cases identify where those rules could be found. We included rules from state supreme courts and rules of state appellate courts, but did not include rules from state trial courts. In addition, we included local rules from a United States District Court only where there was one federal judicial district for the entire state.

Statutes and Rules Limiting Multijurisdictional Practice
from United States Jurisdictions

ALABAMA

Alabama Statutes

Code of Alabama

34-3-1. Unlawful practice of law.

If any person shall, without having become duly licensed to practice, or whose license to practice shall have expired either by disbarment, failure to pay his license fee within 30 days after the day it becomes due, or otherwise, practice or assume to act or hold himself out to the public as a person qualified to practice or carry on the calling of a lawyer, he shall be guilty of a misdemeanor and fined not to exceed $500.00, or be imprisoned for a period not to exceed six months, or both.

34-3-6. Who may practice as attorneys.

(a) Only such persons as are regularly licensed have authority to practice law.

(b) For the purposes of this chapter, the practice of law is defined as follows:

Whoever,

(1) In a representative capacity appears as an advocate or draws papers, pleadings or documents, or performs any act in connection with proceedings pending or prospective before a court or a body, board, committee, commission or officer constituted by law or having authority to take evidence in or settle or determine controversies in the exercise of the judicial power of the state or any subdivision thereof; or

(2) For a consideration, reward or pecuniary benefit, present or anticipated, direct or indirect, advises or counsels another as to secular law, or draws or procures or assists in the drawing of a paper, document or instrument affecting or relating to secular rights; or

(3) For a consideration, reward or pecuniary benefit, present or anticipated, direct or indirect, does any act in a representative capacity in behalf of another tending to obtain or secure for such other the prevention or the redress of a wrong or the enforcement or establishment of a right; or

(4) As a vocation, enforces, secures, settles, adjusts or compromises defaulted, controverted or disputed accounts, claims or demands between persons with neither of whom he is in privity or in the relation of employer and employee in the ordinary sense;

is practicing law.

(c) Nothing in this section shall be construed to prohibit any person, firm or corporation from attending to and caring for his or its own business, claims or demands, nor from preparing abstracts of title, certifying, guaranteeing or insuring titles to property, real or personal, or an interest therein, or a lien or encumbrance thereon, but any such person, firm or corporation engaged in preparing abstracts of title, certifying, guaranteeing or insuring titles to real or personal property are prohibited from preparing or drawing or procuring or assisting in the drawing or preparation of deeds, conveyances, mortgages and any paper, document or instrument affecting or relating to secular rights, which acts are hereby defined to be an act of practicing law, unless such person, firm or corporation shall have a proprietary interest in such property; however, any such person, firm or corporation so engaged in preparing abstracts of title, certifying, guaranteeing or insuring titles shall be permitted to prepare or draw or procure or assist in the drawing or preparation of simple affidavits or statements of fact to be used by such person, firm or corporation in support of its title policies, to be retained in its files and not to be recorded

34-3-7. Penalty for practicing law without license or conspiring, aiding or abetting in violation.

Any person, firm or corporation who is not a regularly licensed attorney who does an act defined in this article to be an act of practicing law is guilty of a misdemeanor and, on conviction, must be punished as provided by law. Any person, firm or corporation who conspires with, aids and abets another person, firm or corporation in the commission of such misdemeanor must, on conviction, be punished as provided by law.

6-6-503. Enjoining unauthorized or unlawful practice of profession, occupation, or calling.

(a) The unauthorized or unlawful practice of any profession, occupation or calling by any person, firm, or corporation may be enjoined by any court of competent jurisdiction on complaint brought in the name of any public body or officer having authority conferred by statute to regulate or to license the activity engaged in by such person, firm, or corporation.

(b) The provisions of this section are cumulative. The authority conferred by the section is in addition to and supplementary to all other statutes, civil and criminal, dealing with the subject matter of this section. The section shall apply retrospectively and prospectively.

Alabama Rules

Rules Governing Admission to the Alabama State Bar

Rule VII. Admission of Foreign Attorneys Pro Hac Vice .

. . .

E. Form of Application.

[This paragraph provides, in part, that "in any case where the foreign attorney has entered an appearance pro hac vice in 5 cases within the preceding twelve months, the court or administrative agency shall examine the foreign attorney to establish good cause for according such privilege, including facts or circumstances affecting the personal or financial welfare of the client and not the attorney."]

ALASKA

Alaska Statutes

Alaska Statutes

08.08.210. Who may practice law.

(a) A person may not engage in the practice of law in the state unless the person is licensed to practice law in Alaska and is an active member of the Alaska Bar. A member of the bar in good standing in another jurisdiction may appear in the courts of the state under the rules the supreme court may adopt.

(b) The practice of law shall be defined in the Alaska Bar Rules.

(c) This section and AS 08.08.230 do not apply to the practice of law for the legislature by a person employed by or under contract with the legislature until the results are released of the third Alaska Bar examination following that person's employment.

(d) Employees of the Department of Law, the Public Defender Agency, and the office of public advocacy, whose activities would constitute the practice of law under this chapter and under Alaska Bar Rules are required to obtain a license to practice law in Alaska no later than 10 months following the commencement of their employment

08.08.230. Unlawful practice a misdemeanor.

(a) A person not an active member of the Alaska Bar and not licensed to practice law in Alaska who engages in the practice of law or holds out as entitled to engage in the practice of law as that term is defined in the Alaska Bar Rules, or an active member of the Alaska Bar who wilfully employs such a person knowing that the person is engaging in the practice of law or holding out as entitled to so engage is guilty of a class A misdemeanor.

(b) This section does not prohibit the use of paralegal personnel as defined by rules of the Alaska supreme court.

Alaska Rules

Rules of the Alaska Bar Association

Rule 15. Grounds For Discipline.

. . .

(b) Unauthorized Practice of Law. (1) For purposes of the practice of law prohibition for disbarred and suspended attorneys in subparagraph (a)(6) of this rule, except for attorneys suspended solely for non-payment of bar fees, "practice of law" is defined as: (A) holding oneself out as an attorney or lawyer authorized to practice law; (B) rendering legal consultation or advice to a client; (C) appearing on behalf of a client in any hearing or proceeding or before any judicial officer, arbitrator, mediator, court, public agency, referee, magistrate, commissioner, hearing officer, or governmental body which is operating in its adjudicative capacity, including the submission of pleadings; (D) appearing as a representative of the client at a deposition or other discovery matter; (E) negotiating or transacting any matter for or on behalf of a client with third parties; or (F) receiving, disbursing, or otherwise handling a client's funds. (2) For purposes of the practice of law prohibition for attorneys suspended solely for the non-payment of fees and for inactive attorneys, "practice of law" is defined as it is in subparagraph (b)(1) of this rule, except that these persons may represent another to the extent that a layperson would be allowed to do so.

Rule 63. Unauthorized Practice of Law.

For purposes of AS 08.08.230 (making unauthorized practice of law a misdemeanor), "practice of law" is defined as: (a) representing oneself by words or conduct to be an attorney, and, if the person is authorized to practice law in another jurisdiction but is not a member of the Alaska Bar Association, representing oneself to be a member of the Alaska Bar Association; and (b) either (i) representing another before a court or governmental body which is operating in its adjudicative capacity, including the submission of pleadings, or (ii), for compensation, providing advice or preparing documents for another which affect legal rights or duties.

ARIZONA

Arizona Statutes

Arizona Rules

Rules of the Arizona Supreme Court

Rule 31. Preliminary provisions as to organization of State Bar of Arizona.

. . .

(3) Privilege to practice. Except as hereinafter provided in subsection 4 of this section (a), no person shall practice law in this state or hold himself out as one who may practice law in this state unless he is an active member of the state bar, and no member shall practice law in this state or hold himself out as one who may practice law in this state, while suspended, disbarred, or on disability inactive status.

. . .

(4) [Paragraph 4 sets forth 10 exceptions to paragraph 3]

Rule 33. Committees; practice.. . .

(d) Admission pro hac vice. An attorney who is a member in good standing of the bar of another state or territory or insular possession of the United States or the District of Columbia, and who has been retained to appear in a matter in any Arizona court, may, upon written application and in the discretion of the court involved, be permitted to appear and participate in that matter. The pro hac vice application shall be presented to the clerk of the court involved, on such form as the clerk has prescribed, and shall state under penalty of perjury (i) the attorney's current office address and telephone number, (ii) by what courts the attorney has been admitted to practice and the dates of admission, (iii) that the attorney is in good standing and currently eligible to practice in those courts, (iv) the title of the court and cause in which the applicant has filed an application to appear as counsel pro hac vice in this state in the preceding two years, the date of each application and whether or not it was granted, and (v) that the attorney is not currently suspended or disbarred in any court. The attorney shall also designate in the application a member of the State Bar of Arizona with whom the court and opposing counsel may readily communicate regarding the conduct of the particular matter and upon whom papers shall also be served, unless the court otherwise directs. The applying attorney shall file with the application the name, address, telephone number and written consent of such designee to the designation. An attorney who applies for admission pro hac vice consents to the jurisdiction of the court to which application is made for any alleged misconduct which occurs during the course of the matter in which the attorney so admitted participates. The clerk of any court shall not refuse to accept for filing any pleading or other paper submitted by an attorney not admitted to the State Bar of Arizona solely on the basis that the attorney has failed to apply for admission pro hac vice, but any such pleading or other paper may be stricken by the court, upon motion of any party or upon the court's own initiative, for the failure of such attorney to promptly seek admission pro hac vice pursuant to this subpart.

ARKANSAS

Arkansas Statutes

Arkansas Code Annotated

' 16-22-209. Practicing without license - Contempt of court.

Every person who shall attempt to practice law in any court of record without being licensed, sworn and registered, as required in this subchapter, shall be deemed guilty of a contempt of court and shall be punished as in other cases of contempt.

Arkansas Rules

Rules Governing Admission to the Bar

Rule XIV. Practice by Comity.

A lawyer residing outside the State of Arkansas who has been admitted to practice law in the Supreme Court of the United States or in the United States Court of Appeals for the circuit in which the attorney resides or in the Supreme Court or the highest appellate court of the state of the attorney's residence, and who is in good standing in the court of the attorney's admission, will be permitted by comity and by courtesy to appear, file pleadings and conduct the trial of cases in all courts of the State of Arkansas. However, any trial court may require such nonresident attorney to associate a lawyer residing and admitted to practice in the State of Arkansas upon whom notices may be served and may also require that the Arkansas lawyer associated be responsible to the court in which the case is pending for the progress of the case, insofar as the interest represented by the Arkansas lawyer and the nonresident lawyer is concerned.

Unless the State in which the said nonresident lawyer resides likewise accords similar comity and courtesy to Arkansas lawyers who may desire to appear and conduct cases in the courts of that State, this privilege will not be extended to such nonresident lawyer.

A nonresident lawyer will not be permitted to engage in any case in an Arkansas court unless a written statement is filed with the court in which the nonresident lawyer submits to all disciplinary procedures applicable to Arkansas lawyers.

Arkansas Supreme Court Rules Creating A Committee
On The Unauthorized Practice of Law

[These rules provide for the creation of a Committee on the Unauthorized Practice of Law and include rules of procedure.]

CALIFORNIA

California Statutes

California Business and Professions Code

' 6126. Unauthorized Practice Advertising or Holding Out; Penalties.

(a) Any person advertising or holding himself or herself out as practicing or entitled to practice law or otherwise practicing law who is not an active member of the State Bar, is guilty of a misdemeanor.

. . .

' 6127. Contempt of Court.

The following acts or omissions in respect to the practice of law are contempts of the authority of the courts:

. . .

(b) Advertising or holding oneself out as practicing or as entitled to practice law or otherwise practicing law in any court, without being an active member of the State Bar.

California Rules

California Rules of Court

Rule 983. Counsel pro hac vice.

(a) [Eligibility] A person who is not a member of the State Bar of California but who is a member in good standing of and eligible to practice before the bar of any United States court or the highest court in any state, territory or insular possession of the United States, and who has been retained to appear in a particular cause pending in a court of this state, may in the discretion of such court be permitted upon written application to appear as counsel pro hac vice, provided that an active member of the State Bar of California is associated as attorney of record. No person is eligible to appear as counsel pro hac vice pursuant to this rule if

(1) he is a resident of the State of California, or

(2) he is regularly employed in the State of California, or

(3) he is regularly engaged in substantial business, professional, or other activities in the State of California.

Absent special circumstances, repeated appearances by any person pursuant to this rule shall be a cause for denial of an application.

. . .

Rule 983.4. Out-of-State Attorney Arbitration Counsel.

(a) [Definition]

(1) An "Out-of-State Attorney Arbitration Counsel" is an attorney who is not a member of the State Bar of California but who is a member in good standing of and eligible to practice before the bar of any United States court or the highest court in any state, territory or insular possession of the United States, and who has been retained to appear in the course of, or in connection with, an arbitration proceeding in this state; and

(2) has served a certificate in accordance with the requirements of Code of Civil Procedure section 1282.4 upon the arbitrator, the arbitrators, or the arbitral forum, the State Bar of California, and all other parties and counsel in the arbitration whose addresses are known to the attorney; and

(3) whose appearance has been approved by the arbitrator, the arbitrators or the arbitral forum.

(b) [The State Bar Out-of-State Attorney Arbitration Counsel Program] The State Bar of California shall establish and administer a program to implement the State Bar of California's responsibilities under Code of Civil Procedure section 1282.4. The State Bar of California's program shall be operative only as long as the applicable provisions of Code of Civil Procedure section 1282.4 remain in effect.

(c) [Eligibility to appear as an Out-of-State Attorney Arbitration Counsel] To be eligible to appear as an Out-of-State Attorney Arbitration Counsel, an attorney must comply with all of the applicable provisions of Code of Civil Procedure section 1282.4 and the requirements of this rule and the rules and regulations adopted by the State Bar of California pursuant to this rule.

(d) [Discipline] An attorney who files a certificate containing false information or who otherwise fails to comply with the standards of professional conduct required of members of the State Bar or California shall be subject to the disciplinary jurisdiction of the State Bar with respect to any of his or her acts occurring in the course of the arbitration.

(e) [Disqualification] Failure to timely file a certificate or, absent special circumstances, appearances in multiple separate arbitration matters shall be grounds for disqualification from serving in the arbitration in which the certificate was filed.

(f) [Fee] Out-of-State Attorney Arbitration Counsel shall pay a reasonable fee not exceeding $50 to the State Bar of California with the copy of the certificate that is served upon the State Bar.

(g) [Inherent power of Supreme Court] Nothing in these rules shall be constructed as affecting the power of the Supreme Court to exercise its inherent jurisdiction over the practice of law in California.

COLORADO

Colorado Statutes

Colorado Revised Statutes

' 12-5-112. Practicing law without license deemed contempt.

Any person who, without having a license from the supreme court of this state so to do, advertises, represents, or holds himself out in any manner as an attorney, attorney-at-law, or counselor-at-law or who appears in any court of record in this state to conduct a suit, action, proceeding, or cause for another person is guilty of contempt of the supreme court of this state and of the court in which said person appears and shall be punished therefor according to law. Nothing in this section shall prevent the special admission of counselors residing in other states, as provided in section 12-5-113.

' 12-5-113. Special admission of counselors from other states.

Whenever any counselor-at-law residing in any of the adjacent states or territories has business in any of the courts of this state, he may be admitted, on motion, for the purpose of transacting such business and none other.

Colorado Rules

Colorado Rules of Civil Procedure

'' 228-240.1. Unauthorized Practice of Law Rules.

[The Colorado Supreme Court has adopted rules to govern proceedings concerning the unauthorized practice of law.]

CONNECTICUT

Connecticut Statutes

Connecticut General Statutes

' 51-88. Practice of law by persons not attorneys.

(a) A person who has not been admitted as an attorney under the provisions of section 51-80 shall not: (1) Practice law or appear as an attorney-at-law for another, in any court of record in this state, (2) make it a business to practice law, or appear as an attorney-at-law for another in any such court, (3) make it a business to solicit employment for an attorney-at-law, (4) hold himself out to the public as being entitled to practice law, (5) assume to be an attorney-at-law, (6) assume, use or advertise the title of lawyer, attorney and counselor-at-law, attorney-at-law, counselor-at-law, attorney, counselor, attorney and counselor, or an equivalent term, in such manner as to convey the impression that he is a legal practitioner of law, or (7) advertise that he, either alone or with others, owns, conducts or maintains a law office, or office or place of business of any kind for the practice of law.

(b) Any person who violates any provision of this section shall be fined not more than two hundred and fifty dollars or imprisoned not more than two months or both. The provisions of this subsection shall not apply to any employee in this state of a stock or nonstock corporation, partnership, limited liability company or other business entity who, within the scope of his employment, renders legal advice to his employer or its corporate affiliate and who is admitted to practice law before the highest court of original jurisdiction in any state, the District of Columbia, the Commonwealth of Puerto Rico or a territory of the United States or in a district court of the United States and is a member in good standing of such bar. For the purposes of this subsection, "employee" means any person engaged in service to an employer in the business of his employer, but does not include an independent contractor.

(c) Any person who violates any provision of this section shall be deemed in contempt of court, and the Superior Court shall have jurisdiction in equity upon the petition of any member of the bar of this state in good standing or upon its own motion to restrain such violation.

(d) The provisions of this section shall not be construed as prohibiting: (1) A town clerk from preparing or drawing deeds, mortgages, releases, certificates of change of name and trade name certificates which are to be recorded or filed in the town clerk's office in the town in which the town clerk holds office; (2) any person from practicing law or pleading at the bar of any court of this state in his own cause; or (3) any person from acting as an agent or representative for a party in an international arbitration as defined in subsection (3) of section 50a-101.

' 51-86. Soliciting persons to institute actions for damages.

(a) A person who has not been admitted as an attorney in this state under the provisions of section 51-80 shall not solicit, advise, request or induce another person to cause an action for damages to be instituted, from which action or from which person the person soliciting, advising, requesting or inducing the action may, by agreement or otherwise, directly or indirectly, receive compensation from such other person or such person's attorney, or in which action the compensation of the attorney instituting or prosecuting the action, directly or indirectly, depends upon the amount of the recovery therein.

(b) Any person who violates any provision of this section shall be fined not more than one hundred dollars or imprisoned not more than six months or both.

Connecticut Rules

Connecticut Rules of the Superior Court

' 2-44. Power of Superior Court to Discipline Attorneys and Restrain Unauthorized Practice.

The superior court may, for just cause, suspend or disbar attorneys and may, for just cause, punish or restrain any person engaged in the unauthorized practice of law.

' 2-45. Power of Superior Court to Discipline Attorneys and to Restrain Unauthorized Practice - Cause Occurring in Presence of Court.

If such cause occurs in the actual presence of the court, the order may be summary, and without complaint or hearing; but a record shall be made of such order, reciting the ground thereof. Without limiting the inherent powers of the court, if attorney misconduct occurs in the actual presence of the court, the statewide grievance committee and the grievance panel shall defer to the court if the court chooses to exercise its jurisdiction.

DELAWARE

Delaware Statutes

Delaware Rules

Delaware Supreme Court Rules

Rule 72. Admission pro hac vice before administrative agencies of this State.

(a) Application. Attorneys who are not members of the Delaware Bar may be admitted pro hac vice before the administrative agencies of this State and its political subdivisions in the discretion of such agencies and such admission shall be made only upon written motion substantially in compliance with Official Form O by a member of the Delaware Bar who maintains an office in this State for the practice of law ("Delaware Counsel"). Application for admission pro hac vice must be made separately before each agency in which admission is sought and separately for each matter before the agency. The admission of an attorney pro hac vice shall not relieve the moving attorney from responsibility to comply with any rule or order of the agency.

(b) Certification. Any attorney seeking admission pro hac vice shall certify the following in a

statement attached to the motions:

(i) Good standing. That the attorney is a member in good standing of the Bar of another state;

(ii) Professional conduct and principles. That the attorney shall be bound by the Delaware Lawyers' Rules of Professional Conduct and has reviewed the Statement of Principles of Lawyer Conduct as set forth in Supreme Court Rule 71(b)(ii);

(iii) Compliance with rules. That the attorney and all attorneys of the attorney's firm who directly or indirectly provide services to the party or cause at issue shall be bound by all rules of the practice in this State and of the agency;

(iv) Consent to service. That the attorney has consented to the appointment of the Clerk of the Supreme Court as agent upon whom services of process may be made for all actions, including disciplinary actions, that may arise out of the practice of law under this Rule and any activities related thereto;

(v) Prior appearances. The number of actions in any court of record of Delaware and matters before administrative agencies of this State in which the attorney has appeared in the preceding 12 months;

(vi) Assessment. That a payment for the pro hac vice admission assessment in the amount of $100 is attached to be deposited in the registration fund of the Delaware Supreme Court for the purpose of the governance of the Bar and the administration of justice and to be distributed pursuant to approval of a majority of the members of the Supreme Court, which payment shall promptly be forwarded by the agency to the Court Administrator of the Supreme Court. If the case in which the pro hac vice admission continues into a subsequent year after the year of admission, such assessment shall be deemed an annual assessment to he renewed and be payable on January 1 of each subsequent year and be deemed delinquent if not paid by February 1 of each subsequent year. A notice that a pro hac vice admission may be subject to renewal shall be mailed to Delaware counsel by the Court Administrator of this Court. It shall be the duty of Delaware counsel to complete the notice stating whether the case in which the pro hac vice admission was granted remains open and to supervise the remittance of the renewal assessment if the case in which the pro hac vice admission was granted remains open. Any Delaware lawyer who fails to file the pro hac vice renewal notice with or without assessment as appropriate by February 1 of each year shall pay a $50.00 late filing assessment.

(vii) Disciplinary proceedings. Whether the applying attorney has been disbarred or suspended or is the object of pending disciplinary proceedings in any jurisdiction where the applying attorney has been admitted generally, pro hac vice, or in any other way; and

(viii) Other jurisdictions. The identification of all states or other jurisdictions in which the applying attorney has at any time been admitted generally.

(c) Delaware Counsel's duties. Delaware Counsel for any party shall appear in the matter in which the motion for admission pro hac vice is filed and shall sign or receive service of all notices, orders, pleadings or other papers filed in the matter and shall attend all proceedings before the agency and representatives thereof, unless excused by the agency Attendance of Delaware Counsel at depositions shall not be required unless ordered by the agency.

(d) Withdrawal. Withdrawal of attorneys admitted pro hac vice shall be permitted only by written order of the agency. All appearing attorneys shall continue as such and continue to perform the duties of counsel imposed by law, by the Delaware Lawyers' Rules of Professional Conduct and by the agency. Withdrawal of an attorney ordinarily will not be considered as a permissible ground for delay of a matter before an agency. An agency may revoke a pro hac vice admission sua sponte, or upon the motion of a party, if it is determined, after a hearing or other meaningful opportunity to respond, the continued admission pro hac vice to be inappropriate or inadvisable.

(e) Filing. The motion and certificate described in subsections (a) and (b) of this rule and the signed order granting admission shall be filed before the agency and a copy of each document shall he filed with the Court Administrator of the Delaware Supreme Court by the agency granting the pro hac vice admission as soon as reasonably possible, and they shall be filed no later than the date of the first appearance of the attorney who seeks admission pro hac vice before the agency in the matter for which admission is sought. The Court Administrator shall provide said copy to disciplinary counsel who shall be responsible for contacting Delaware counsel if the information contained in said copy is incomplete for the purposes of this rule.

(f) Action by agency. In exercising its discretion in ruling on a motion for admission pro hac vice, an agency shall also consider whether, in light of the nature and extent of the practice in the State of Delaware of the attorney seeking admission, that attorney is, in effect, practicing as a Delaware Counsel without complying with the Delaware requirements for admission to the Bar.

In its consideration of this aspect of the motion, the agency may weigh the number of other admissions to practice sought and/or obtained by this attorney from Delaware courts, the question of whether or not the attorney in fact maintains an office in Delaware although the attorney is not admitted to practice in Delaware courts, and other relevant facts.

(g) Delaware Counsel's certification. The Delaware Counsel filing a motion pro hac vice for the admission of an attorney not a member of the Delaware Bar shall certify that the Delaware attorney finds the applicant to be a reputable and competent attorney, and is in a position to recommend the applicant's admission.

Rule 86. Board on the Unauthorized Practice of Law.

[This Rule provides for the creation of the Supreme Court Board on the Unauthorized Practice of Law. ]

DISTRICT OF COLUMBIA

District of Columbia Statutes

District of Columbia Rules

Rule 49. Unauthorized Practice of Law.

(a) General Rule

No person shall engage in the practice of law in the District of Columbia or in any manner hold out as authorized or competent to practice law in the District of Columbia unless enrolled as an active member of the District of Columbia Bar, except as otherwise permitted by these Rules.

(b) Definitions

The following definitions apply to the interpretation and application of this rule:

(1) "Person" means any individual, group of individuals, firm, unincorporated association, partnership, corporation, mutual company, joint stock company, trust, trustee, receiver, legal or business entity.

(2) "Practice of Law" means the provision of professional legal advice or services where there is a client relationship of trust or reliance. One is presumed to be practicing law when engaging in any of the following conduct on behalf of another:

(A) Preparing any legal document, including any deeds, mortgages, assignments, discharges, leases, trust instruments or any other instruments intended to affect interests in real or personal property, wills, codicils, instruments intended to affect the disposition of property of decedents' estates, other instruments intended to affect or secure legal rights, and contracts except routine agreements incidental to a regular course of business;

(B) Preparing or expressing legal opinions;

(C) Appearing or acting as an attorney in any tribunal;

(D) Preparing any claims, demands or pleadings of any kind, or any written documents containing legal argument or interpretation of law, for filing in any court, administrative agency or other tribunal;

(E) Providing advice or counsel as to how any of the activities described in sub-paragraph (A) through (D) might be done, or whether they were done, in accordance with applicable law;

(F) Furnishing an attorney or attorneys, or other persons, to render the services described in subparagraphs (a) through (e) above.

(3) "In the District of Columbia" means conduct in, or conduct from an office or location within, the District of Columbia, where the person's presence in the District of Columbia is not of incidental or occasional duration.

(4) "Hold out as authorized or competent to practice law in the District of Columbia" means to indicate in any manner to any other person that one is competent, authorized, or available to practice law from an office or location in the District of Columbia. Among the characterizations which give such an indication are "Esq.," "lawyer," "attorney at law," "counselor at law," "trial or legal advocate," "legal representative," "legal advocate," and "judge."

(5) "Committee" means the District of Columbia Court of Appeals Committee on Unauthorized Practice of Law, as constituted under this rule.

(c) Exceptions

The following activity in the District of Columbia is excepted from the prohibitions of section (a) of this Rule, provided the person is not otherwise engaged in the practice of law or holding out as authorized or competent to practice law in the District of Columbia:

(1) United States Government Employee: Providing authorized legal services to the United States as an employee thereof;

(2) United States Government Practitioner: Providing legal services to members of the public solely before a special court, department or agency of the United States, where:

(A) Such legal services are confined to representation before such fora and other conduct reasonably ancillary to such representation;

(B) Such conduct is authorized by statute, or the special court, department or agency has adopted a rule expressly permitting and regulating such practice; and

(C) The practitioner expressly gives prominent notice in all business documents that his or her practice is "limited to matters and proceedings before federal courts and agencies."

(3) Practice Before a Court of the United States: Providing legal services in, and reasonably ancillary to litigation in any court of the United States following admission to practice in that court.

(4) District of Columbia Employee: Providing legal services for his or her employer during the first 360 days of employment as a lawyer by the government of the District of Columbia, where the person is an enrolled Bar member in good standing of a state or territory and has been authorized by her or his government agency to provide such services;

(5) District of Columbia Practitioner: Providing legal services to members of the public solely before a department or agency of the District of Columbia government, where:

(A) Such representation is confined to appearances in proceedings before tribunals of that department or agency and other conduct reasonably ancillary to such proceedings;

(B) Such representation is authorized by statute, or the department or agency has authorized it by rule and undertaken to regulate it; and

(C) The practitioner expressly gives prominent notice in all business documents that his or her practice is "limited to matters and proceedings before [specifically-named District of Columbia agencies] under District of Columbia Court of Appeals Rule 49(c)(5)."

(6) Internal Counsel: Providing legal advice only to one's regular employer, where the employer does not reasonably expect that it is receiving advice from a person authorized to practice law in the District of Columbia.

(7) Pro Hac Vice In the Courts of the District of Columbia: Providing legal services in the courts of the District of Columbia, following admission pro hac vice, provided:

i. Limitation to 5 Applications Per Year. No person may apply for admission pro hac vice in more than five (5) cases pending in the courts of the District of Columbia per calendar year, except for exceptional cause shown to the court.

ii. Applicant Declaration. Each application for admission pro hac vice shall be accompanied by a sworn statement as follows:

I declare under penalty of perjury: (1) that I have not applied for admission pro hac vice in more than five cases in courts of the District of Columbia this calendar year, (2) that I am a member in good standing of the highest court(s) of the State(s) of (state all states) , (3) that there are no disciplinary complaints pending against me for violation of the rules of the courts of those states, (4) that I have not been suspended or disbarred for disciplinary reasons from practice in any court, (5) that I am associated with (name the D.C. Bar member and give his/her Bar number) under Super. Ct. Civ. R. 101, (6) that I do not practice or hold out to practice law in the District of Columbia, and (7) that I have read the rules of the relevant division of the Superior Court of the District of Columbia and the District of Columbia Court of Appeals, and have complied fully with District of Columbia Court of Appeals Rule 49 and, as applicable, Super. Ct. Civ. R. 101. The reason(s) I am applying for admission pro hac vice are as follows:

I acknowledge the power and jurisdiction of the courts of the District of Columbia over my professional conduct, and I agree to be bound by the District of Columbia Court of Appeals Rules of Professional Conduct in this matter, if I am admitted pro hac vice.

iii. Office Outside of D.C. No person who maintains or operates from an office or location for the practice of law within the District of Columbia may be admitted to practice before a court of the District of Columbia pro hac vice, unless that person qualifies under another express exception provided in section (c) hereof.

iv. Supervision. Any person admitted pro hac vice must comply with Super. Ct. Civ. R. 101 and other applicable rules of the District of Columbia courts.

v. Application Fee. Application to participate pro hac vice shall be accompanied by a fee of $100.00 to be paid to the Clerk of Court. Proof of payment of the fee shall accompany the application for admission pro hac vice. The application fee shall be waived for a person whose conduct is covered by section (c)(9) hereof, or whose client's application to proceed in forma pauperis has been granted.

vi. Filing. The applicant first shall submit a copy of the application to the office of the Committee, pay the application fee, and there receive a receipt for payment of the fee; whereupon the applicant shall file the application with the receipt in the appropriate office of the Clerk of Court. Only certified checks, cashiers checks, or money orders will be accepted in payment of the fee, made payable to "Clerk, D.C. Court of Appeals". The application will not be accepted for filing without the required receipt.

vii. Power of the Court. The court to which the relevant litigation matter is assigned may grant or deny applications, and withdraw admissions to participate pro hac vice in its discretion.

(8) Limited Duration Supervision By D.C. Bar Member: Practicing law from a principal office located in the District of Columbia, while an active member in good standing of the highest court of a state or territory, under the direct supervision of an enrolled, active member of the District of Columbia Bar, for one period not to exceed 360 days from the commencement of such practice, during pendency of a person's first application for admission to the District of Columbia Bar; provided that the practitioner has submitted the application for admission within ninety (90) days of commencing practice in the District of Columbia, that the District of Columbia Bar member takes responsibility for the quality of the work and complaints concerning the services, and gives notice to the public of the member's supervision and the practitioner's bar status.

(9) Pro Bono Legal Services: Providing legal services pro bono publico in the following circumstances:

(A) Where the person is an enrolled, inactive member of the District of Columbia Bar who is employed by or affiliated with a legal services or referral program in any matter that is handled without fee; provided that, if the matter requires the attorney to appear in court, the attorney shall file with the court having jurisdiction over the matter, and with the Committee, a certificate that the attorney is providing representation in that particular case without compensation.

(B) Where the person is a member in good standing of the highest court of any state, and is employed by the Public Defender Service, or is employed by or affiliated with a non-profit organization located in the District of Columbia that provides legal services for indigent clients without fee or for a nominal processing fee; provided that the person has submitted an application for admission to the District of Columbia Bar within ninety (90) days after commencing the practice of law in the District of Columbia, and that such attorney is supervised by an enrolled, active member of the Bar who is employed by or affiliated with the Public Defender Service or the non-profit organization.

(C) Where the person is an officer or employee of the United States, is a member in good standing of the highest court of a state or territory, and is assigned or referred by an organization that provides legal services to the public without fee; provided that the person is supervised by an enrolled, active member of the District of Columbia Bar. An attorney practicing under this section (c)(9) shall be subject to the District of Columbia Rules of Professional Conduct and the enforcement procedures applicable thereto to the same extent as if he or she were an enrolled, active member of the District of Columbia Bar. An attorney may practice under part (B) of this section (c)(9) for no longer than 360 days from the date of employment by or affiliation with the Public Defender Service or the non-profit organization, or until admitted to the Bar, whichever first shall occur.

(10) Specifically Authorized Court Programs: Providing legal services to members of the public as part of a special program for representation or assistance that has been expressly authorized by the District of Columbia Court of Appeals or the Superior Court of the District of Columbia.

(11) Limited Practice for Corporations: Appearing in defense of a corporation or partnership in a small claims action, or in settlement of a landlord-tenant matter, through an authorized officer, director, or employee of the organization; provided:

(A) the organization must be represented by an attorney if it files a cross-claim or counterclaim, or if the matter is certified to the Civil Action Branch; and

(B) the person so appearing shall file at the time of appearance an affidavit vesting in the person the requisite authority to bind the organization.

(d) The Committee On Unauthorized Practice Of Law.

(1) The court shall appoint a standing committee known as the Committee on Unauthorized Practice of Law consisting of at least six, and not more than twelve, members of the Bar of this court and of one resident of the District of Columbia who is not a member of the Bar. The Chair and Vice Chair shall be designated by the court. Each member shall serve for the term of three years and until their successors have been appointed. In case of vacancy caused by death, resignation or otherwise, a successor appointed shall serve the unexpired term of the predecessor member. When a member holds over after the expiration of the term for which appointed, the term the member serves after the expiration of the term for which the member was appointed shall be part of a new term. No member shall be appointed to serve longer than two consecutive regular three year terms, unless special exception is made by the court.

(2) Subject to the approval of the court, the committee shall adopt such rules and regulations as it deems necessary to carry out the provisions of this rule. The Committee may subpoena the respondent, witnesses and documents upon application to the court by the Chair or the Chair's designee. The Committee may appear in its own name in legal proceedings addressing issues relating to the performance of its functions and compliance with this Rule. The members of the Committee shall receive such compensation and necessary expenses as the court may approve.

(3) Rules of Procedure.

(A) Officers, members, and duties.

i. The Chair shall preside at all meetings of the Committee; and in the Chair's absence, the Vice Chair shall preside.

ii. The Chair, Vice Chair, and members shall investigate matters of alleged unauthorized practice of law and alleged violations of court rules governing same, and if warranted, the Committee shall take such actions as are provided in these rules.

iii. In addition to the duties described herein, the Committee shall determine whether to approve the legal programs identified in Rule 48.

iv. A deputy clerk of this court shall be designated by the court to serve as Executive Secretary to the Committee and shall provide such staff and secretarial services as may be needed.

(B) Meetings.

i. Any matter under investigation by the Committee shall remain confidential until initiation of formal proceedings under section (3)(D) hereof. So as to ensure this confidentiality, the Committee shall meet in executive session. At least eight meetings shall be called each year.

ii. The Committee shall meet at the call of the Chair. A special meeting of the Committee shall be held if a majority of its members request such a meeting by notifying the Executive Secretary.

iii. Members who are unable to attend a meeting shall so notify the Chair or the Executive Secretary at least two days in advance of the meeting.

iv. The Chair shall determine the order of business.

v. A quorum shall consist of four members, and all decisions shall be made by a majority of those members present and voting.

vi. In extraordinary circumstances, as may be determined by the Chair, a telephone vote of a majority of members polled, numbering no less than four Committee members concurring in a decision, shall constitute a Committee decision. Any such decision shall be recorded in the minutes of the next Committee meeting.

vii. Minutes of all Committee meetings shall be prepared under the direction of the Executive Secretary, with copies of same furnished to all members of the Committee and to the chief judge or a judge designated by the chief judge.

(C) Investigation.

i. Whenever a complaint is filed with the Committee or upon its own volition, the matter shall be assigned by the Chair, on a random basis, to a Committee member for preliminary investigation. This investigation shall consist of an analysis of the complaint, a survey of the applicable law, and discussions with witnesses and/or the respondent. It shall not be deemed a breach of the confidentiality required of an assigned matter for the committee or one of its members to reveal facts and identities in pursuit of the investigation of the matter.

ii. At the next regular meeting of the Committee, the Committee shall hear a report of the investigating member for the purpose of determining what action, if any, shall be taken by the Committee. Complaints shall be investigated and reported upon within six weeks. Delays shall be brought to the Chair's attention by the Executive Secretary.

iii. If the Committee concludes that formal proceedings are necessary to assist its determination, such may be held as specified in section (3)(D) below.

(D) Formal proceedings.

i. To assist the Committee in performing its functions it may take sworn testimony of witnesses and/or the respondent.

ii. Formal proceedings before the Committee shall be commenced by written notice to the respondent informing the respondent of the nature of the respondent's conduct which the Committee believes may constitute the unauthorized practice of law. The respondent shall be given 15 days to respond. Upon receipt of this response (or if no response is submitted), the matter shall be scheduled for a hearing. A copy of Rule 49 shall also be transmitted to the respondent with the written notice.

iii. The respondent may request permission to present evidence and witnesses in addition to the respondent's own testimony, but such proffers shall be allowed only in the discretion of the Committee. The respondent may be accompanied by counsel. To avoid harassment, the Committee may in its discretion limit the participation of the respondent and counsel in presentation of evidence by persons complaining of violations of this Rule 49. Formal rules of evidence shall not apply. The Chair may apply to the court for issuance of a subpoena to any witness or to the respondent.

iv. When appropriate, a post-hearing conference may be held between respondent and the investigation Committee member (or another Committee member designated by the Chair) for the purpose of informing the respondent of the findings of the Committee and action it proposes.

(E) Actions by the Committee.

i. During any stage of the investigation or formal proceedings the Committee may dispose of any matter pending before it by any of the following methods:

ii. If no evidence of unauthorized practice is found, the matter shall be closed and the complainant notified.

iii. If the respondent agrees to cease and desist from actions which appear to constitute the unauthorized practice of law, the matter may be closed by formal agreement, consent order, or both, with notification of such action given to the complainant. Such formal agreement or consent order may require restitution to the clients of fees obtained by the respondent.

iv. If warranted, the Committee may initiate proceedings to enforce this Rule under section (e), provided, however, that action pursuant to this subsection is preceded by the formal proceedings specified in section (d)(3)(D) above.

v. The Committee may also refer cases to the Office of the United States Attorney for investigation and possible prosecution.

(F) Closed files. Upon the closing of a file by the Committee, the file shall be retained in the records of the court.

(G) Opinions

(i) The Committee may by approval of a majority of its members present in quorum provide opinions, upon the request of a person or organization, as to what constitutes the unauthorized practice of law. Such opinions shall be published in the same manner as opinions rendered under the Rules of Professional Conduct.

(ii) Conduct of a person which was undertaken in good faith, in conformity with, and in reliance upon a written interpretation or opinion of the Committee requested by that person shall constitute a prima facie showing of compliance with Rule 49 in any investigation or proceeding before the Committee or the Court of Appeals.

(e) Proceedings Before The Court Of Appeals.

(1) (A) The Committee may initiate an original proceeding before the Court of Appeals for violation of this Rule 49. The proceeding shall be initiated by a petition served on the respondent or his designated counsel.

(B) The Court may, on motion of the Committee or sua sponte, appoint a special counsel to represent the Committee and to present the Committee's proof and argument in such proceeding.

(2) Violations of the provisions of this Rule 49 shall be punishable by the Court of Appeals as contempt and/or subject to injunctive relief. The Court of Appeals holds the power to include within its remedy compensation to persons harmed by violation of this Rule or of an injunction entered under it.

(3) Such proceedings shall be conducted before a judge of the District of Columbia designated by the Chief Judge of the Court of Appeals under the D.C. Code, and shall be governed by the rules of Superior Court of the District of Columbia.

(4) Decisions of the designated judge are final and effective determinations which are subject to review in the normal course, by the filing of a notice of appeal by any party with the Clerk of the Court of Appeals within 30 days from the entry of the judgment by the designated judge.

FLORIDA

Florida Statutes

Florida Statutes

' 454.23. Penalties.

Any person not licensed or otherwise authorized by the Supreme Court of Florida who shall practice law or assume or hold himself or herself out to the public as qualified to practice in this state, or who willfully pretends to be, or willfully takes or uses any name, title, addition, or description implying that he or she is qualified, or recognized by law as qualified, to act as a lawyer in this state, and any person entitled to practice who shall violate any provisions of this chapter, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Florida Rules

GEORGIA

Georgia Statutes

Georgia Code Annotated

' 15-19-50. "Practice of law" defined.

The practice of law in this state is defined as: (1) Representing litigants in court and preparing pleadings and other papers incident to any action or special proceedings in any court or other judicial body; (2) Conveyancing; (3) The preparation of legal instruments of all kinds whereby a legal right is secured; (4) The rendering of opinions as to the validity or invalidity of titles to real or personal property; (5) The giving of any legal advice; and (6) Any action taken for others in any matter connected with the law.

' 15-19-51. Unauthorized Practice of Law Forbidden.

(a) It shall be unlawful for any person other than a duly licensed attorney at law: (1) To practice or appear as an attorney at law for any person other than himself in any court of this state or before any judicial body; (2) To make it a business to practice as an attorney at law for any person other than himself in any of such courts; (3) To hold himself out to the public or otherwise to any person as being entitled to practice law; (4) To render or furnish legal services or advice; (5) To furnish attorneys or counsel; (6) To render legal services of any kind in actions or proceedings of any nature; (7) To assume or use or advertise the title of "lawyer," "attorney," "attorney at law," or equivalent terms in any language in such manner as to convey the impression that he is entitled to practice law or is entitled to furnish legal advice, services, or counsel; or (8) To advertise that either alone or together with, by, or through any person, whether a duly and regularly admitted attorney at law or not, he has, owns, conducts, or maintains an office for the practice of law or for furnishing legal advice, services, or counsel. (b) Unless otherwise provided by law or by rules promulgated by the Supreme Court, it shall be unlawful for any corporation, voluntary association, or company to do or perform any of the acts recited in subsection (a) of this Code section.

Georgia Rules

Georgia Supreme Court General Rule 4. Attorneys.

An attorney must be in good standing and admitted in the Supreme Court in order to make an appearance. A visiting attorney from a foreign jurisdiction may participate in a case with permission of the Court upon presentation of a certificate of good standing from the highest court of the foreign jurisdiction.

(1) Law students authorized to practice under the third-year practice act, see Rules 92-97, or the law-school graduate rules, see Rules 98-104, may not make oral argument, but may co-author briefs, and shall indicate their status on the signature line.

(2) Any member of the State Bar of Georgia may be admitted to the bar of the Supreme Court of Georgia by making written application, endorsed by two current members of the Supreme Court Bar, paying a $30.00 admission fee, taking the Oath, and signing the Roll Book. An application for admission should be obtained from the Clerk's office prior to appearing to be sworn in.

(3) A certificate of good standing will be issued upon written request if accompanied by a check for $3.00 made out to the Supreme Court of Georgia.

(4) Any withdrawal, discharge or substitution of attorneys of record in the Court shall be communicated to the Court in writing and shall include the name and number of the case in this Court and the name and address of counsel's client. Telephonic or other immediate notification to the Court, in addition to written notification, is required where the withdrawal, discharge or substitution occurs prior to oral argument in cases where oral argument has been requested.

(5) Counsel shall provide a copy of the notification to the client, substituted counsel, opposing counsel and the Attorney General in criminal cases.

(6) If during the pendency of any appeal or application counsel of record for either party change their address, they shall notify the Clerk by letter of this change and show service on opposing counsel. Upon receipt of the notification, the Clerk will amend the Court's docket accordingly, and all subsequent notices from the Court will be mailed to counsel's new address. Failure to notify the Court of a change of address shall not be grounds to reinstate or reconsider any matter.

(7) The words "counsel" or "attorney" as used in these rules include pro se parties.

Uniform Superior Court Rule 4.4. Special admission of attorneys from other states.

(A) When permitted by law or rules, any attorney admitted to practice in the courts of record of another state who desires to be specifically admitted to practice in a specific action pending in a superior court of Georgia shall make application for such special admission to the judge designated to hear the action in which the attorney seeks to participate or, if there has been no designation of such judge, to an appropriate judge of the judicial circuit within which the action pends. Such application shall contain the following information:

(1) Name, current address and telephone number of the attorney making such application;

(2) A listing of the state or states in which such attorney is duly licensed to practice;

(3) That he has associated in the action an attorney who is a resident of Georgia, and who is duly and regularly admitted to practice in the superior courts of this state; and, (4) The name and current office address and telephone [ ] by the associated attorney.

The requirements of (3) and (4) above may be waived in writing by the judge.

(B) Service may associated attorney in all matters connected with said action with the same effect as though personally made upon the out of state attorney specially admitted to practice in the action. The out of state attorney so admitted to practice in such action shall be subject to the orders of the court of this state and amenable to disciplinary action as though he were regularly admitted to practice in the State of Georgia.

HAWAII

Hawaii Statutes

Hawaii Revised Statutes

' 605-14. Unauthorized practice of law prohibited. It shall be unlawful for any person, firm, association, or corporation to engage in or attempt to engage in or to offer to engage in the practice of law, or to do or attempt to do or offer to do any act constituting the practice of law, except and to the extent that the person, firm, or association is licensed or authorized so to do by an appropriate court, agency, or office or by a statute of the State or of the United States; provided that nothing herein shall be deemed to authorize the licensing of a corporation to practice law except as provided in chapter 416. Nothing in sections 605-14 to 605-17 contained shall be construed to prohibit the preparation or use by any party to a transaction of any legal or business form or document used in the transaction.

Hawaii Rules

Local Rules of Practice for the United States District Court for the District of Hawaii

LR 83.1. Attorneys; Admission to the Bar of This Court.

(e) Pro Hac Vice. An attorney who is a member in good standing of, and eligible to practice before, the bar of any United States Court or of the highest court of any State or of any Territory or Insular Possession of the United States, who is of good moral character, and who has been retained to appear in this court, may, upon written application and in the discretion of the district judge, be permitted to appear and participate in a particular case subject to the conditions of this rule. Unless authorized by the Constitution of the United States or Acts of Congress, an attorney is not eligible to practice pursuant to this section if any one or more of the following:

1. the attorney resides in Hawaii;

2. The attorney is regularly employed in Hawaii;

3. The attorney is regularly engaged in business, professional, or law-related activities in Hawaii;

The pro hac vice application shall be presented to the clerk and shall state under penalty of perjury:

1. the attorney's residence and office addresses'

2. By what court(s) the attorney has been admitted to practice and the date(s) of admission;

3. That the attorney is in good standing and eligible to practice in said court(s);

4. That the attorney is not currently suspended or disbarred in any other court; and

5. If the attorney has concurrently or within the year preceding the current application made any pro hac vice application in this court, the title and the number of each matter wherein the attorney made application, the date of application, and whether or not the application was granted. . . .

LR 83.5. Attorneys; Sanctions for Unauthorized Practice.

Any person who before admission to the bar of this court or obtaining leave of court to appear in a particular action or proceeding, or during the person's disbarment or suspension, exercises within this district in any action or proceeding pending in this court any of the privileges of a member of the bar of this court or who pretends to be entitled to do so may be found guilty of contempt of court and suffer appropriate punishment thereof.

IDAHO

Idaho Statutes

Idaho Code

' 3-420. Unlawful Practice of Law -- Penalty.

If any person shall, without having become duly admitted and licensed to practice law within this state or whose right or license to practice therein shall have terminated either by disbarment, suspension, failure to pay his license or otherwise, practice or assume to act or hold himself out to the public as a person qualified to practice or carry on the calling of a lawyer within this state, he shall be guilty of an offense under this act, and on conviction thereof be fined not to exceed five hundred dollars ($500), or be imprisoned for a period of not to exceed six (6) months, or both, and if he shall have been admitted to practice law he shall in addition be subject to suspension under the proceedings provided by this act.

Idaho Rules

Idaho Bar Commission Rules

Rule 222. Limited Admission.

(a) Except as otherwise provided in these Rules, only an active member of the Idaho State Bar may enter appearances for a party, sign stipulations or receive payment or enter satisfaction of judgment, decree, or order.

(b) Any active member in good standing of the bar of the highest court of any State or any Territory or Insular possession of the United States, who has been retained to appear in the courts of this state, and who is not an active member of the Idaho State Bar, may be permitted, after motion to the affected court and without previous notice, to appear and participate in a particular case, subject to any limitations imposed by any jurisdiction of which the applicant is a member of the bar.

(c) An applicant for limited admission shall designate, in his or her motion to so appear, an active member of the Idaho State Bar who maintains an office in this state for the practice of law, with whom the court and opposing counsel may readily communicate regarding the conduct of the case. He or she shall also include with such motion the address, telephone number and written consent of such designee and shall include reference to the Bar of which he/she is a member.

(d) Since permission to appear is limited, no certificate of admission shall be issued by the court.

(e) The lawyer designated as local counsel shall personally appear with the limited admittee on all matters tried and heard before the court.

(f) By his or her application, an attorney who applies for limited admission consents to the exercise of disciplinary jurisdiction by the court and the Idaho State Bar over any alleged misconduct which occurs during the progress of the case in which the attorney so admitted participates.

(g) Any attorney seeking or granted limited admission shall state, upon any court filing on which the attorney's name appears, his or her current office address in the jurisdiction where the attorney is an active member.

(h) "Active member" means any person who is not a judge and who is licensed to practice law before the highest court of any State, or any Territory or Insular possession or the United States, and who is engaged in the active practice of law in that jurisdiction.

ILLINOIS

Illinois Statutes

Illinois Compiled Statutes

705 ILCS 205/1

This statute provides in relevant part:

' 1. No person shall be permitted to practice as an attorney or counselor at law within this State without having previously obtained a license for that purpose from the Supreme Court of this State.

No person shall receive any compensation directly or indirectly for any legal services other than a regularly licensed attorney.

. . .

Any person practicing, charging or receiving fees for legal services within this State, either directly or indirectly, without being licensed to practice as herein required, is guilty of contempt of court and shall be punished accordingly, upon complaint being filed in any Circuit Court of this State. Such proceedings shall be conducted in the Courts of the respective counties where the alleged contempt has been committed in the same manner as in cases of indirect contempt and with the right of review by the parties thereto.

The provisions of this Act shall be in addition to other remedies permitted by law and shall not be construed to deprive courts of this State of their inherent right to punish for contempt or to restrain the unauthorized practice of law.

. . .

Illinois Rules

Illinois Supreme Court Rules Rule 707. Foreign Attorneys in Isolated Cases.

Anything in these rules to the contrary notwithstanding, an attorney and counselor-at-law from any other jurisdiction in the United States, or foreign country, may in the discretion of any court of this State be permitted to participate before the court in the trial or argument of any particular cause in which, for the time being, he or she is employed.

INDIANA

Indiana Statutes

Indiana Code

' 33-1-5-1. Unlawful Practice - Prohibition.

It is a Class B misdemeanor for a person to hold himself out as a practicing lawyer, to conduct the trial of a case in any court of this state, or to engage in the business of a practicing lawyer, without first having been duly admitted as an attorney-at-law by the supreme court of this state.

' 33-2-3-1. Exclusive Jurisdiction Over the Practice of Law.

The Supreme Court of this state shall have exclusive jurisdiction to admit attorneys to practice law in all courts of the state and exclusive jurisdiction to issue restraining orders and injunctions in all cases involving the unauthorized practice of the law under such rules and regulations as it may prescribe.

' 36-2-28. Practice without valid license; penalty.

If any person shall, without having become duly licensed to practice, or whose licenses to practice shall have expired either by disbarment, failure to pay his license fee or otherwise, practice or assume to act or hold himself out to the public as a person qualified to practice or carry on the calling of a lawyer, he shall be guilty of an offense under this act [36-2-26, 36-2-28 NMSA 1978], and on conviction thereof be fined not to exceed five hundred dollars [($500)], or be imprisoned, for a period not to exceed six months, or both

Indiana Rules

Indiana Rules for Admission to the Bar and Discipline of Attorneys.

Rule 3. Admission of Attorneys.

This Rule, effective January 1, 1999, imposes the following restrictions on the pro hac vice admission of out-of-state attorneys in Indiana courts:

Section 2. Limited Admission on Petition.

(a) Requirement for Limited Admission on Petition.

A member of the bar of another state or territory of the United States, or the District of Columbia, may appear in the Supreme Court, the Court of Appeals, the Tax Court, or the trial courts of this state in any particular proceeding, if the court before which the attorney wishes to appear determines that there is good cause for such appearance and each of the following conditions is met:

(1) A member of the bar of this state has appeared and agreed to act as co-counsel.

(2) The attorney is not a resident of the state of Indiana, regularly employed in the state of Indiana, or regularly engaged in business or professional activities in the state of Indiana.

(3) The attorney files a verified petition stating:

(i) The attorney's residential address, office address, and the name and address of the attorney's law firm or employer, if applicable;

(ii) The states or territories in which the attorney has ever been licensed to practice law, including the dates of admission to practice and any attorney registration numbers;

(iii) That the attorney is currently a member in good standing in all jurisdictions listed in (ii);

(iv) That the attorney has never been suspended, disbarred or resigned as a result of a disciplinary charge, investigation, or proceeding from the practice of law in any jurisdiction; of, if the attorney has been suspended, disbarred or resigned from the practice of law, the petition shall specify the jurisdiction, the charges, the address or the court and disciplinary authority which imposed the sanction, and the reasons why the court should grant limited admission notwithstanding prior acts of misconduct;

(v) That no disciplinary proceeding is presently pending against the attorney in any jurisdiction; or, if any proceeding is pending, the petition shall specify the jurisdiction, the charges and the address of the disciplinary authority investigating the charges. An attorney admitted under this rule shall have the continuing obligation during the period of such admission promptly to advise the court of a disposition made of pending charges or the institution of new disciplinary proceedings;

(vi) A list of all proceedings, including caption and cause number, in which the attorney, or any member of a firm with which the attorney is currently affiliated, has appeared in any of the courts of this state during the last five years. Absent special circumstances, repeated appearances by any person or by members of a single law firm pursuant to this rule shall be cause for denial of the petition;

(vii) A demonstration that good cause exists for the appearance. Good cause shall include at least one of the following:

(a) the cause in which the attorney seeks admission involves a complex field of law in which the attorney is a specialist, or

(b) there has been an attorney-client relationship with the client for an extended period of time, or

(c) there is a lack of local counsel with adequate expertise in the field involved, or

(d) the cause presents questions of law involving the law of the foreign jurisdiction in which the applicant is licensed, or

(e) such other reason similar to those set forth in this subsection as would present good cause for the pro hac vice admission.

(viii) A statement that the attorney has read and will be bound by the Rules of Professional Conduct adopted by the Supreme Court, and that the attorney consents to the jurisdiction of the State of Indiana, the Indiana Supreme Court, and the Indiana Supreme Court Disciplinary Commission to resolve any disciplinary matter that might arise as a result of the representation.

(ix) A statement that the attorney will file a Notice of Pro Hac Vice Admission with the clerk of this court in compliance with Section (b) of this rule within thirty (30) days after the court grants permission to appear in the proceeding.

(b) Notice of Pro Hac Vice Status.

All attorneys admitted pro hac vice under the provisions of Section 2(a) shall file a Notice with the clerk of this court within thirty (30) days after a court grants permission to appear in the proceeding. Failure to file the notice within the time specified will result in automatic exclusion from practice within this state. The notice shall include the following:

(1) A current statement of good standing issued to the attorney by the highest court in each jurisdiction in which the attorney is admitted to practice law;

(2) A copy of the verified petition requesting permission to appear in the court proceedings, along with the court order granting permission;

(3) A list of all grievances, petitions, or complaints filed against the attorney with any disciplinary authority of any jurisdiction, with the determination thereon.

(c) Registration Fee for Attorney Admitted Pro Hac Vice.

The attorney shall pay, during the pendency of the proceedings, the annual registration fee required of members of the bar of this state as set out in Admission and Discipline Rule 23, Section 21.

(d) Responsibilities of Attorneys.

Members of the bar of this state serving as co-counsel under this rule shall sign all briefs, papers and pleadings in the cause and shall be jointly responsible therefor. The signature of co-counsel constitutes a certificate that, to the best of co-counsel's knowledge, information and belief, there is good ground to support the signed document and that it is not interposed for delay or any other improper reason.

Rule 24. Rules Governing the Unauthorized Practice of Law.

Original actions, under Chapter 143 of the 1951 Acts,[IC 33-2-3-1] to restrain or enjoin the unauthorized practice of law in this state may be brought in this court by the attorney general, the Indiana State Bar Association or any duly authorized committee thereof, without leave of court, and by any duly organized local bar association by leave of court. The action against any person, firm, association or corporation, shall be brought by verified petition, in the name of the state of Indiana, on the relation of the authorized person or association or committee, and shall charge specifically the acts constituting the unauthorized practice.

Within time allowed, a respondent may file a verified return showing any reason in law or fact why an injunction should not issue. No other pleading in behalf of a respondent will be entertained. All allegations of fact in the petition and return shall be specific and not by way of ultimate fact or conclusion. The return shall specifically deny or admit each allegation of fact in the petition, and it may allege new facts in mitigation or avoidance of the causes alleged in the petition.

The parties shall file an original and five [5] copies of all pleadings, including exhibits, plus an additional copy for each adverse party. If any exhibit shall be a matter of public record one [1] certified copy thereof shall be filed with the original petition or return. No pleading or exhibit thereto will be considered which has words or figures on both sides of the same sheet of paper.

No restraining order will issue without notice except upon the filing of an undertaking with conditions and surety to the approval of the court. Notice of the filing of the petition will be given and served upon any respondent as may be directed by the court, such notice to be accompanied by a copy of the petition. The clerk will mail a copy of any return to the relator.

The verified petition and return shall constitute the evidence upon which the issues are decided, unless the court shall deem it necessary to, and shall appoint, a commissioner, in which event such commissioner, who shall have full authority to subpoena witnesses and records, shall hear the evidence and report his findings of fact to the court.

A copy of any pertinent agreement, made by any recognized bar association concerning the unauthorized practice of law, may be attached to and made a part of any pleading and unless denied under oath shall be deemed to be a true copy without further proof of the execution thereof.

The costs and expenses incurred by such hearing shall be borne by the losing party. Briefs need not conform to requirements of Appellate Rules 8.1-8.4. Arguments will not be heard as of right.

IOWA

Iowa Statutes

Iowa Code

' 602.10101. Admission to practice.

The power to admit persons to practice as attorneys and counselors in the courts of this state, or any of them, is vested exclusively in the supreme court which shall adopt and promulgate rules to carry out the intent and purpose of this article.

Iowa Rules

KANSAS

Kansas Statutes

Kansas Rules

Rules of Practice of the United States District Court for the District of Kansas

Rule 83.5.4. Appearance for a Particular Case.

(a) Subject to the provisions of 28 U.S.C. 515, 517, and other similar provisions of the United States Code, persons not admitted to practice in this court who are members in good standing of the bar of another state or of the bar of another federal court may, upon motion made by a member of the bar of this court in good standing, be admitted for the purposes of a particular case only, subject to the following conditions:

(1) The motion shall be in writing; and
(2) the motion shall be accompanied by an affidavit signed by the visiting lawyer which shall include:
(A) The full name of the affiant;
(B) the address and telephone numbers of the affiant;
(C) the name of the firm or letterhead under which the affiant practices;
(D) the dates and places of admission to all bars, state or federal, and registration numbers, if any; and
(E) a recitation that the affiant is in good standing in all bars of which he or she is a member and that no disciplinary or grievance proceedings have been filed or are pending (if disciplinary proceedings have been filed, the court, case name, docket number and disposition shall be set forth). The motion and affidavit shall be accompanied by payment of a registration fee in the sum of $10.00. If an attorney has paid the registration fee for an appearance pro hac vice, no other pro hac vice registration fee shall be required to be paid by that attorney during the same calendar year. Attorneys employed by any department or agency of the United States government shall not be required to pay a pro hac vice registration fee.
(b) An attorney admitted pro hac vice who, while practicing in this court under such admission, is charged in any court of the United States or of any state, territory or possession of the United States with the commission of a felony or with unprofessional conduct, shall notify the clerk in writing within ten (10) days after service of process or notice to him or her of such charge.
(c) All pleadings or other papers signed by an attorney admitted pro hac vice shall also be signed by a member of the bar of this court in good standing who shall participate meaningfully in the preparation and trial of the case or proceedings to the extent required by the court. An attorney who applies for admission pro hac vice by doing so consents to the exercise of disciplinary jurisdiction by this court over any alleged misconduct that occurs during the progress of the case in which the attorney so admitted participates.
(d) Appearance Pro Se. Any party appearing on his or her own behalf without an attorney shall be expected to read and be familiar with the Rules of Practice and Procedure of this court; the relevant Federal Rules of Civil Procedure, of Criminal Procedure or the Bankruptcy Rules; with the pertinent Federal Rules of Evidence; and to proceed in accordance therewith.
(e) Preclusion from Practice. An attorney who has been permitted to appear pursuant to this rule who is found guilty of a serious crime or is publicly disciplined by another court may be precluded from continuing that special appearance and from appearing at the bar of this court in any other case.

KENTUCKY

Kentucky Statutes

Kentucky Revised Statutes Annotated

' 524.130. Unauthorized practice of law.

(1) Except as provided in KRS 341.470 and subsection (2) of this section, a person is guilty of unlawful practice of law when, without a license issued by the Supreme Court, he engages in the practice of law, as defined by rule of the Supreme Court.

(2) A licensed nonresident attorney in good standing, although not licensed in Kentucky, is not guilty of unlawful practice if, in accordance with rules adopted by the Supreme Court, he practices law under specific authorization of a court.

(3) Unlawful practice of law is a Class B misdemeanor.

Kentucky Rules

Kentucky Supreme Court Rules

SCR 3.020. Practice of Law Defined.

The practice of law is any service rendered involving legal knowledge or legal advice, whether of representation, counsel or advocacy in or out of court, rendered in respect to the rights, duties, obligations, liabilities, or business relations of one requiring the services. But nothing herein shall prevent any natural person not holding himself out as a practicing attorney from drawing any instrument to which he is a party without consideration unto himself therefor. An appearance in the small claims division of the district court by a person who is an officer of or who is regularly employed in a managerial capacity by a corporation or partnership which is a party to the litigation in which the appearance is made shall not be considered as unauthorized practice of law.

SCR 3.030. Membership, Practice By NonMembers and Classes of Membership.

. . .

(2) A person admitted to practice in another state, but not in this state, shall be permitted to practice a case in this state only if he subjects himself to the jurisdiction and rules of the court governing professional conduct and engages a member of the association as co-counsel, whose presence shall be necessary at all trials and at other times when required by the court.

. . .

SCR 2.111. Limited Certificate of Admission to Practice Law.

(1) Every attorney not a member of the Bar of the Commonwealth who performs legal services in this Commonwealth solely for his employer, its parent, subsidiary, or affiliated entities, shall file with the Clerk of the Supreme Court on a form provided, an application for limited certificate of admission to practice law in this Commonwealth. The Clerk shall forward the application to the Character and Fitness Committee. Such application shall be approved and a limited certificate of admission to practice law shall be granted, and shall be effective as of the date such application is approved, provided that the following prerequisites are satisfied

. . .

SCR 3.460. Unauthorized Practices Proceeding.

[This Rule provides procedural provisions for Unauthorized Practices proceedings.]

SCR 3.470. Attorney Aiding Unauthorized Practice.

An attorney who knowingly aids, assists or abets in any way, form, or manner any person or entity in the unauthorized practice of law shall be guilty of unprofessional conduct.

LOUISIANA

Louisiana Statutes

Louisiana Revised Statutes

' 37:212. "Practice of Law" defined.

A. The Practice of law means and includes:

(1) In a representative capacity, the appearance as an advocate, or the drawing of papers, pleadings or documents, or the performance of any act in connection with pending or prospective proceedings before any court of record in this state; or

(2) For a consideration, reward, or pecuniary benefit, present or anticipated, direct or indirect;

(a) The advising or counseling of another as to secular law;

(b) In behalf of another, the drawing or procuring, or the assisting in the drawing or procuring of a paper, document, or instrument affecting or relating to secular rights;

(c) The doing of any act, in behalf of another, tending to obtain or secure for the other the prevention or the redress of a wrong or the enforcement or establishment of a right; or

(d) Certifying or giving opinions as to title to immovable property or any interest therein or as to the rank or priority or validity of a lien, privilege or mortgage as well as the preparation of acts of sale, mortgages, credit sales or any acts or other documents passing titles to or encumbering immovable property.

B. Nothing in this Section prohibits any person from attending to and caring for his own business, claims, or demands; or from preparing abstracts of title; or from insuring titles to property, movable or immovable, or an interest therein, or a privilege and encumbrance thereon, but every title insurance contract relating to immovable property must be based upon the certification or opinion of a licensed Louisiana attorney authorized to engage in the practice of law. Nothing in this Section prohibits any person from performing, as a notary public, any act necessary or incidental to the exercise of the powers and functions of the office of notary public, as those powers are delineated in Louisiana Revised Statutes of 1950, Title 35, Section 1, et seq.

C. Nothing in this Section shall prohibit any partnership, corporation, or other legal entity from asserting any claim, not exceeding five thousand dollars, or defense pertaining to an open account or promissory note, or suit for eviction of tenants on its own behalf in the courts of limited jurisdiction on its own behalf through a duly authorized partner, shareholder, officer, employee, or duly authorized agent or representative. No partnership, corporation, or other entity may assert any claim on behalf of another entity or any claim assigned to it.

D. Nothing in Article V, Section 24, of the Constitution of Louisiana or this Section shall prohibit justices or judges from performing all acts necessary or incumbent to the authorized exercise of duties as judge advocates or legal officers.

' 37:213. Persons, professional associations, professional corporations and limited liability companies entitled to practice law; penalty for unlawful practice.

No natural person, who has not first been duly and regularly licensed and admitted to practice law by the supreme court of this state, no corporation or voluntary association except a professional law corporation organized pursuant to Chapter 8 of Title 12 of the Revised Statutes, and no partnership or limited liability company except one formed for the practice of law and composed of such natural persons, corporations, voluntary associations, and/or limited liability companies, all of whom are duly and regularly licensed and admitted to the practice of law, shall:

(1) Practice law;

(2) Furnish attorneys or counsel or an attorney and counsel to render legal services;

(3) Hold himself or itself out to the public as being entitled to practice law;

(4) Render or furnish legal services or advice;

(5) Assume to be an attorney at law or counselor at law;

(6) Assume, use or advertise the title of lawyer, attorney, counselor, advocate or equivalent terms in any language, or any phrase containing any of these titles, in such manner as to convey the impression that he is a practitioner of law; or

(7) In any manner advertise that he, either alone or together with any other person, has, owns, conducts or maintains an office of any kind for the practice of law.

No person, partnership or corporation shall solicit employment for a legal practitioner.

This Section does not prevent any corporation or voluntary association formed for benevolent or charitable purposes and recognized by law, from furnishing an attorney at law to give free assistance to persons without means.

Any natural person who violates any provision of this Section shall be fined not more than one thousand dollars or imprisoned for not more than two years, or both.

Any partnership, corporation or voluntary association which violates this Section shall be fined not more than five thousand dollars. Every officer, trustee, director, agent, or employee of a corporation or voluntary association who, directly or indirectly, engages in any act violating any provision of this Section or assists the corporation or voluntary association in the performance of any such violation is subject tot he penalties prescribed in this Section for violations by a natural person.

' 37:214. Visiting Attorneys of Other States; Reciprocity.

Except as provided in this Section, no person licensed or qualified to practice as an attorney at law or as an attorney and counselor at law in any other state and temporarily present in this state shall practice law in this state, unless he has been first duly licensed to practice law by the supreme court of this state or unless he acts in association with some attorney duly licensed to practice law by the supreme court of this state.

Nothing in this Chapter prevents the practice of law in this state by a visiting attorney from a state which, either by statute or by some rule of practice accorded specific recognition by the highest court of that state, has adopted a rule of reciprocity that permits an attorney duly licensed and qualified to practice law in this state to appear alone as an attorney in all courts of record in the other state, without being required to associate himself with some attorney admitted to practice in the other state.

Whoever violates any provision of this Section shall be fined not more than one thousand dollars or imprisoned for not more than two years, or both.

Louisiana Rules

MAINE

Maine Statutes

Maine Revised Statutes Annotated

Title IV, ' 802. Attorneys from other 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.

Title IV, ' 807. Unauthorized practice of law.

1. Prohibition. No person may practice law or profess to practice law within the State or before its courts, or demand or receive any remuneration for those services rendered in this State, unless that person has been admitted to the bar of this State and has complied with section 806-A, or unless that person has been admitted to try cases in the courts of this State under section 802.

2. Violation. Any person who practices law in violation of these requirements is guilty of the unauthorized practice of law, which is a Class E crime.

3. Application. [This paragraph lists exceptions to paragraph 1.]

Maine Rules

Maine Bar Rules

Rule 3.2. Admission, Disclosure and Misconduct.

(a) Unauthorized Practice.

(1) A lawyer shall not practice law in a jurisdiction where to do so would be in violation of law or court rule.

(2) A lawyer shall not aid any person, association, or corporation in the unauthorized practice of law.

. . .

MARYLAND

Maryland Statutes

Maryland Business Occupations and Professions Code

' 10-215. Special admission.

(a) In general.- Subject to subsections (b) and (c) of this section, on a motion filed as required by rules adopted by the Court of Appeals, a court may grant special admission to practice law in a particular case to an individual who is:

(1) admitted to the bar of another state; and

(2) employed by a party in the case before:

(i) a court or other unit of the State government; or

(ii) a unit of a political subdivision of the State.

(b) Granting authority.- A special admission to practice law may be granted only:

(1) by the court hearing the case for which an individual requests the special admission; or

(2) if the case is before a unit other than a court, by:

(i) the circuit court for the county where the unit has its principal office; or

(ii) any circuit court to which the case may be appealed.

(c) Scope of special admission.- An individual may practice law under this section only in connection with the case for which the special admission is granted.

(d) Disciplinary proceedings.- An individual who practices law under this section is subject to disciplinary proceedings as the Maryland Rules provide.

Maryland Rules

Maryland Rules Governing Admission to the Bar

Rule 14. Special admission of out-of-state attorneys.

(a) Motion for special admission.- A member of the Bar of this State who is an attorney of record in an action pending in any court of this State or before an administrative agency of this State or any of its political subdivisions, may move, in writing, that an attorney who is a member in good standing of the Bar of another state be admitted to practice in this State for the limited purpose of appearing and participating in the action as co-counsel with the movant. If the action is pending in a court, the motion shall be filed in that court. If the action is pending before an administrative agency, the motion shall be filed in the circuit court for the county in which the principal office of the agency is located or in any other circuit to which the action may be appealed and shall include the movant's signed certification that copies of the motion have been furnished to the agency and to all parties of record.

(b) Certification by out-of-state attorney.- The attorney whose special admission is moved shall certify in writing the number of times the attorney has been specially admitted during the twelve months immediately preceding the filing of the motion. The certification may be filed as a separate paper or may be included in the motion under an appropriate heading.

(c) Order.- The court by order may admit specially or deny the special admission of an attorney. In either case, the clerk shall forward a copy of the order to the State Court Administrator, who shall maintain a docket of all attorneys granted or denied special admission. When the order grants or denies the special admission of an attorney in an action pending before an administrative agency, the clerk also shall forward a copy of the order to the agency.

(d) Limitations on out-of-state attorney's practice.- An attorney specially admitted may act only as co-counsel for a party represented by an attorney of record in the action who is admitted to practice in this State. The specially admitted attorney may participate in the court or administrative proceedings only when accompanied by the Maryland attorney, unless the latter's presence is waived by the judge or administrative hearing officer presiding over the action. Any out-of-state attorney so admitted is subjected to the Maryland Rules of Professional Conduct.

MASSACHUSETTS

Massachusetts Statutes

Massachusetts General Laws Annotated

' 41. Unauthorized practice of law; solicitation of law-business; penalty.

Whoever has been so removed and continues thereafter to practice law or to receive any fee for his services as an attorney at law rendered after such removal, or who holds himself out, or who represents or advertises himself as an attorney or counselor at law, or whoever, not having been lawfully admitted to practice as an attorney at law, represents himself to be an attorney or counselor at law, or to be lawfully qualified to practice in the courts of the commonwealth, by means of a sign, business card, letter head or otherwise, or holds himself out or represents or advertises himself as having authority or power in behalf of persons who have claims for damages to procure settlements of such claims for damages either to person or property, or whoever, not being an attorney at law, solicits or procures from any such person or his representative, either for himself or another, the management or control of any such claim, or authority to adjust or bring suit to recover for the same, or solicits for himself or another from a person accused of crime or his representative the right to defend the accused person, shall be punished for a first offence by a fine of not more than one hundred dollars or by imprisonment for not more than six months, and for a subsequent offence by a fine of not more than five hundred dollars or by imprisonment for not more than one year.

' 46A. Practice of law; persons authorized.

No individual, other than a member, in good standing, of the bar of this commonwealth shall practice law, or, by word, sign, letter, advertisement or otherwise, hold himself out as authorized, entitled, competent, qualified or able to practice law; provided, that a member of the bar, in good standing, of any other state may appear, by permission of the court, as attorney or counselor, in any case pending therein, if such other state grants like privileges to members of the bar, in good standing, of this commonwealth.

' 46B. Jurisdiction to restrain violation of secs. 46, 46A and 46C.

The supreme judicial court and the superior court shall have concurrent jurisdiction in equity, upon petition of any bar association within the commonwealth, or of three or more members of the bar of the commonwealth, or of the attorney general, or of the district attorney within his district, to restrain violations of section forty-six, forty-six A or forty-six C.

Massachusetts Rules

MICHIGAN

Michigan Statutes

Michigan Compiled Laws Annotated

' 600.916. Unauthorized Practice of Law.

It is unlawful for any person to practice law, or to engage in the law business, or in any manner whatsoever to lead others to believe that he is authorized to practice law or to engage in the law business, or in any manner whatsoever to represent or designate himself as an attorney and counselor, attorney at law, or lawyer, unless the person so doing is regularly licensed and authorized to practice law in this state. Any person who violates the provisions of this section is guilty of contempt of the supreme court and of the circuit court of the county in which the violation occurred, and upon conviction is punishable as provided by law. This section does not apply to a person who is duly licensed and authorized to practice law in another state while temporarily in this state and engaged in a particular matter.

Michigan Rules

Supreme Court Rules on the State Bar of Michigan

Rule 3(a)

A person engaged in the practice of law in Michigan must be an active member of the State Bar. In addition to its traditional meaning, the term >person engaged in the practice of law' in this rule includes a person licensed to practice law in Michigan or another jurisdiction and employed in Michigan in the administration of justice or in a position which requires that the person be a law school graduate, but does not include (1) a judicial law clerk who is a member or is seeking to become a member of the bar of another jurisdiction and who does not intend to practice in Michigan after the clerkship ends, or (2) an instructor in law. Only an active member may vote in a State Bar election or hold a State Bar office. A person not an active member who engages in the practice of law is subject to discipline or prosecution for unauthorized practice.

Rule 15

Any person who is duly licensed to practice law in another state or territory, or in the District of Columbia, of the United States of America, or in any foreign country, may be permitted to engage in the trial of a specific case in a court or before an administrative tribunal in this State when associated with and on motion of an active member of the State Bar of Michigan who appears of record in the case. Such temporary permission may be revoked by the court summarily at any time for misconduct.

Rule 16

The State Bar of Michigan is hereby authorized and empowered to investigate matters pertaining to the unauthorized practice of law and, with the authority of its Board of Commissioners, to file and prosecute actions and proceedings with regard to such matters.

MINNESOTA

Minnesota Statutes

Minnesota Statutes

' 481.02. Unauthorized Practice of Law.

Subdivision 1. Prohibitions. It shall be unlawful for any person or association of persons, except members of the bar of Minnesota admitted and licensed to practice as attorneys at law, to appear as attorney or counselor at law in any action or proceeding in any court in this state to maintain, conduct, or defend the same, except personally as a party thereto in other than a representative capacity, or, by word, sign, letter, or advertisement, to hold out as competent or qualified to give legal advice or counsel, or to prepare legal documents, or as being engaged in advising or counseling in law or acting as attorney or counselor at law, or in furnishing to others the services of a lawyer or lawyers, or, for a fee or any consideration, to give legal advice or counsel, perform for or furnish to another legal services, or, for or without a fee or any consideration, to prepare, directly or through another, for another person, firm, or corporation, any will or testamentary disposition or instrument of trust serving purposes similar to those of a will, or, for a fee or any consideration, to prepare for another person, firm, or corporation, any other legal document, except as provided in subdivision 3.

. . .

Subdivision. 6. Attorneys of other states. Any attorney or counselor at law residing in any other state or territory in which the attorney has been admitted to practice law, who attends any term of the supreme court, court of appeals, or district court of this state for the purpose of trying or participating in the trial or proceedings of any action or proceedings there pending, may, in the discretion of the court before which the attorney appears in the action or proceeding, be permitted to try, or participate in the trial or proceedings in, the action or proceeding, without being subject to the provisions of this section, other than those set forth in subdivision 2, providing the state in which the attorney is licensed to practice law likewise grants permission to members of the state bar of Minnesota to act as an attorney for a client

in that state under the same terms.

. . .

Subdivision. 8. Penalty; injunction. (a) Any person or corporation, or officer or employee thereof, violating any of the foregoing provisions shall be guilty of a misdemeanor; and, upon conviction thereof, shall be punished as by statute provided for the punishment of misdemeanors. It shall be the duty of the respective county attorneys in this state to prosecute violations of this section, and the district courts of this state shall have sole original jurisdiction of any such offense under this section.

(b) A county attorney or the attorney general may, in the name of the state of Minnesota, or in the name of the state board of law examiners, proceed by injunction suit against any violator of any of the provisions above set forth to enjoin the doing of any act or acts violating any of said provisions.

(c) In addition to the penalties and remedies provided in paragraphs (a) and (b), the public and private penalties and remedies in section 8.31 apply to violations of this section.

Minnesota Rules

MISSISSIPPI

Mississippi Statutes

Mississippi Code Annotated

' 73-3-55. Unlawful to practice law without license; certain abstract companies may certify titles.

It shall be unlawful for any person to engage in the practice of law in this state who has not been licensed according to law. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punished in accordance with the provisions of section 97-23-43. Any person who shall for fee or reward or promise directly or indirectly write or dictate any paper or instrument of writing to be filed in any cause or proceeding pending or to be instituted in any court in this state or give any counsel or advice therein or who shall write or dictate any bill of sale deed of conveyance deed of trust mortgage contract or last will and testament or shall make or certify to any abstract of title or real estate other than his own or in which he may own an interest shall be held to be engaged in the practice of law. This section shall not however prevent title or abstract of title guaranty companies incorporated under the laws of this state from making abstract or certifying titles to real estate where it acts through some person as agent authorized under the laws of the State of Mississippi to practice law; nor shall this section prevent any abstract company chartered under the laws of the State of Mississippi with a paid up capital of fifty thousand dollars ($50 000.00) or more from making or certifying to abstracts of title to real estate through the president secretary or other principal officer of such company.

' 73-51-1. Injunction to prohibit unlicensed practice of profession.

(1) An action for an injunction may be brought and maintained in the name of any state board authorized to hold examinations and grant licenses to practice any profession to enjoin and prohibit any person from the practice of any profession required to be licensed by said board when such person is practicing said profession and has not been granted a license therefor.

(2) Notwithstanding the provisions of subsection (1) of this section the board of bar admissions shall not be authorized to bring or maintain actions to enjoin or prohibit any person from engaging in the unauthorized practice of law and all complaints and notices which the board of bar admissions may receive concerning the unauthorized practice of law shall be immediately delivered to the board of commissioners of the Mississippi State Bar or its executive director and such board is hereby authorized to bring and maintain all such actions to enjoin and prohibit the unauthorized practice of law without the necessity of proving irreparable injury or establishing that there is no adequate remedy at law. The provisions of this subsection shall not be construed to affect any actions or proceedings commenced prior to July 1 1983.

' 97-23-43. Profession; practicing without license.

If any person shall practice as an attorney and counselor-at-law or shall practice as a physician or surgeon or shall practice as a dentist or shall practice as a pharmacist without having first been examined and obtained a license as required by law he shall on conviction of the first offense be punished by a fine of not less than one hundred ($100.00) dollars or more than two hundred ($200.00) dollars or by imprisonment in the county jail not less than three months or more than twelve months or both; and such person upon conviction of the second offense against this section shall be punished by a fine of not less than two hundred ($200.00) dollars or more than five hundred ($500.00) dollars or by imprisonment in the penitentiary not less than one year or more than two years; and such person upon conviction of any succeeding offense shall be punished in the discretion of the court; provided however that such punishment shall in no case exceed the payment of a fine of five thousand dollars ($5 000.00) or imprisonment for five years.

Mississippi Rules

MISSOURI

Missouri Statutes

Missouri Revised Statutes

' 484.010. Practice of the law and law business defined.

1. The "practice of the law" is hereby defined to be and is the appearance as an advocate in a representative capacity or the drawing of papers, pleadings or documents or the performance of any act in such capacity in connection with proceedings pending or prospective before any court of record, commissioner, referee or any body, board, committee or commission constituted by law or having authority to settle controversies.

2. The "law business" is hereby defined to be and is the advising or counseling for a valuable consideration of any person, firm, association, or corporation as to any secular law or the drawing or the procuring of or assisting in the drawing for a valuable consideration of any paper, document or instrument affecting or relating to secular rights or the doing of any act for a valuable consideration in a representative capacity, obtaining or tending to obtain or securing or tending to secure for any person, firm, association or corporation any property or property rights whatsoever.

Missouri Rules

Supreme Court Rules Governing the Missouri Bar and the Judiciary

Rule 5.29. Unauthorized Practice of Law.

(a) For the purpose of protecting the public, the chief disciplinary counsel shall have the power and is charged with the duty on behalf of the bar of investigating the unauthorized practice of law and of instituting and prosecuting appropriate suits, actions, or proceedings against any parties and in any forums within or without the state of Missouri for the purpose. The chief disciplinary counsel is the authorized legal representative of the bar and shall have authority to act in the premises as fully and as effectively as though the proceedings were taken in the name of all the members of the bar of this state as a class.

. . .

MONTANA

Montana Statutes

Montana Code Annotated

' 37-61-201. Who considered to be practicing law.

Any person who shall hold himself out or advertise as an attorney or counselor at law or who shall appear in any court of record or before a judicial body, referee, commissioner, or other officer appointed to determine any question of law or fact by a court or who shall engage in the business and duties and perform such acts, matters, and things as are usually done or performed by an attorney at law in the practice of his profession for the purposes of parts 1 through 3 of this chapter shall be deemed practicing law.

' 37-61-210. Penalty for practicing without license.

If any person practices law in any court, except a justice's court or a city court, without having received a license as attorney and counselor, he is guilty of a contempt of court.

Montana Rules

NEBRASKA

Nebraska Statutes

Nebraska Revised Statutes

' 7-101. Unauthorized practice of law; penalty.

Except as provided in section 7-101.01, no person shall practice as an attorney or counselor at law, or commence, conduct or defend any action or proceeding to which he is not a party, either by using or subscribing his own name, or the name of any other person, or by drawing pleadings or other papers to be signed and filed by a party, in any court of record of this state, unless he has been previously admitted to the bar by order of the Supreme Court of this state. No such paper shall be received or filed in any action or proceeding unless the same bears the endorsement of some admitted attorney, or is drawn, signed, and presented by a party to the action or proceeding. It is hereby made the duty of the judges of such courts to enforce this prohibition. Any person who shall violate any of the provisions of this section shall be guilty of a Class III misdemeanor, but this section shall not apply to persons admitted to the bar under preexisting laws.

' 7-103. Practice by nonresident attorneys; requirements; reciprocity.

Any regularly admitted practicing attorney in the courts of record of another state or territory, having professional business in the courts of record of this state may, on motion, be admitted to practice for the purpose of said business only in any of said courts upon taking the oath as required by section 7-104, and upon it being made to appear to the court by a written showing filed therein that he has associated and appearing with him in the action an attorney who is a resident of Nebraska duly and regularly admitted to practice in the courts of record of this state upon whom service may be had in all matters connected with said action with the same effect as if personally made on such foreign attorney within this state; PROVIDED, regularly licensed practicing attorneys of other states, the laws of which states permit the practice in its courts of attorneys from this state without a local attorney being associated with such attorney, shall not be required to comply with the provisions of this section.

Nebraska Rules

NEVADA

Nevada Statutes

Nevada Revised Statutes

' 7.285. Unlawful practice of law; criminal penalties; initiation of civil action by State Bar of Nevada

1. A person shall not practice law in this state if the person:

(a) Is not an active member of the State Bar of Nevada or otherwise authorized to practice law in this state pursuant to the rules of the supreme court; or

(b) Is suspended or has been disbarred from membership in the State Bar of Nevada pursuant to the rules of the supreme court.

2. A person who violates any provision of subsection 1 is guilty of:

(a) For a first offense within the immediately preceding 7 years, a misdemeanor.

(b) For a second offense within the immediately preceding 7 years, a gross misdemeanor.

(c) For a third and any subsequent offense within the immediately preceding 7 years, a category E felony and shall be punished as provided in NRS 193.130.

3. The State Bar of Nevada may bring a civil action to secure an injunction and any other appropriate relief against a person who violates this section.

Nevada Rules

Nevada Supreme Court Rules

Rule 42. Practice of attorneys not admitted in Nevada or admitted but not maintaining Nevada office.

1. Who may apply. A person who is not a member of the State Bar of Nevada but who is a member in good standing and eligible to practice before the bar of any United States court or of the highest court in any state, territory or insular possession of the United States, and who has been retained to represent a client in this state in a particular cause pending in a court of this state, or in connection with any discovery proceeding in this state, may in the discretion of such court be permitted upon written application as provided in subsection 2, to appear as counsel in that cause, provided that an active member of the State Bar of Nevada is associated as counsel of record. No such person is eligible to appear as counsel pursuant to this rule if such person (a) is a resident of the State of Nevada, or (b) is regularly employed in the State of Nevada, or (c) is regularly engaged in substantial business, professional, or other activities in the State of Nevada.

2. Procedure for applying. Appearance in a cause, or in any discovery or other proceeding related thereto, is subject to the approval of the court where such cause is pending. An applicant desiring to appear as counsel under this rule shall comply with the procedures established below:

(a) Appearance in court.

(i) Verified application to state bar. In order to appear as counsel before a court in this state, an applicant shall file with the State Bar of Nevada at its Las Vegas, Nevada, office an original and one (1) copy of a verified application together with a certificate from the state bar or from the clerk of the supreme court or highest admitting court of each state, territory or insular possession of the United States in which the applicant has been admitted to practice law certifying the applicant's date of admission to such jurisdiction and the current status of the applicant's membership therein and a non-refundable application fee of $350.00.

(ii) State bar statement. Upon receipt of the verified application for court appearance, application fee and certificate(s) of good standing as described in subsection 2(a)(i) above, the State Bar of Nevada shall serve upon the Nevada counsel of record associated with the applicant, a statement which states: (1) whether the applicant or other attorney members of the firm with which the applicant is associated has previously made any application or motion pursuant to this rule within the preceding three (3) years; (2) the date of any such application or motion; and (3) whether the application was granted or denied. The state bar statement shall include as exhibits: (a) the original verified application; (b) the original certificate(s) of good standing; (c) a form motion to associate counsel; and (d) a form order granting or denying such motion. Copies of verified applications and certificate(s) of good standing shall be retained by the State Bar of Nevada for three (3) years.

(iii) Motion to associate. The motion to associate shall be filed with the court where the cause is pending by the Nevada counsel associated with the applicant, together with proof of service by mail on all parties in accordance with Nevada Rules of Civil Procedure, of a copy of the motion. The motion to associate shall include as exhibits: (a) the original verified application; (b) the original certificate(s) of good standing; and (c) the state bar statement. Further, the motion to associate shall be accompanied by a proposed order granting or denying the motion to associate. A copy of each order granting or denying the motion as entered by the court where the cause is pending shall be mailed by the Nevada counsel of record associated with the applicant to the State Bar of Nevada at its Las Vegas, Nevada office.

(iv) Entry of order. An applicant shall make no appearance in a cause until the court where the cause is pending enters the order granting the motion to associate.

3. Verified application. The verified application required by this rule shall be on a form approved by the State Bar of Nevada and available at the county clerk's office of the court where such cause is pending and shall state: (a) the applicant’s residence and office address; (b) the court or courts to which the applicant has been admitted to practice and the date of such admission; (c) that the applicant is a member in good standing of such court or courts; (d) that the applicant is not currently suspended or disbarred in any court; (e) whether the applicant is currently subject to any disciplinary proceedings by any organization with authority to discipline attorneys at law; (f) whether the applicant has ever received public discipline including, but not limited to, suspension or disbarment, by any organization with authority to discipline attorneys at law; (g) the title of court and cause in which the applicant or any member of the firm of attorneys with which the applicant is associated has filed an application to appear as counsel under this rule in this state in the preceding three years, the date of each application, and whether it was granted; (h) the name, address and telephone number of the active member of the State Bar of Nevada who is attorney of record; (i) the name of each party and the name and address of counsel of record who appeared for that party; (j) that the applicant certifies that he or she 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 attorneys to the same extent as a member of the State Bar of Nevada; (k) that the applicant understands and shall comply with the standards of professional conduct required by members of the State Bar of Nevada; and (l) that the applicant certifies that he or she shall be subject to the disciplinary jurisdiction of the State Bar of Nevada.

4. Appearance and consent. Before a motion to associate counsel is granted, the active member of the State Bar of Nevada who will be associated with the applicant must appear as attorney of record in the particular cause and consent in writing to the association.

5. Discretion. The granting or denial of a motion to associate counsel pursuant to this rule by the court is discretionary. The court may revoke the authority of the person permitted to appear as counsel pursuant to this rule ("out-of-state counsel") to make continued appearances pursuant to this rule. Absent special circumstances, repeated appearances by any person or firm of attorneys pursuant to this rule shall be cause for denial of the motion to associate such person.

6. Transfer. The out-of-state counsel shall be deemed admitted in the event venue in such action is transferred to another district court or in the event such action is appealed to the supreme court; provided, however, that the court having jurisdiction over such transferred or appealed cause may revoke the authority of such out-of-state counsel to appear.

7. Supreme court. Appearance before the supreme court in the first instance shall be by motion as provided in subsection 2 of this rule. If the motion is opposed, there may be a hearing, otherwise, the matter shall be considered by the Supreme Court without hearing.

8. Renewal of application. On or before the anniversary date of the filing of the verified application with the State Bar of Nevada, the Nevada counsel of record must certify to the State Bar of Nevada, whether: (a) the out-of-state counsel continues to act as counsel in the cause; or (b) such cause has been finally adjudicated. Any out-of-state counsel who continues to act as counsel in the cause shall remit to the State Bar of Nevada an annual $350 fee within thirty (30) days of the anniversary date.

9. Failure to renew. Any out-of-state counsel who continues to act as counsel in the cause and fails to pay the renewal fees set forth in subsection 8 of this rule shall be suspended from appearance in any cause upon expiration of a period of 30 days after the anniversary date. The Executive Director of the State Bar of Nevada shall notify the out-of-state counsel and the Nevada counsel of record of the suspension and shall file a certified copy of the notice with the court where the cause is filed, with the county clerk of each county, and with the clerk of the supreme court.

10. Reinstatement. The out-of-state counsel may be reinstated upon the payment of the fees set forth in subsection 8 of this rule and a $50 late penalty. Upon payment of all accrued fees and late penalty, the Executive Director may reinstate the out-of-state counsel, and shall thereupon certify such reinstatement to the court where the cause is filed, with the county clerk of each county, and with the clerk of the supreme court.

11. Reporting. A report shall be prepared annually by the State Bar of Nevada. The report shall list: (a) all applications filed during the preceding twelve months; (b) the names of all applicants; and (c) whether or not the motions to associate were granted or denied. The report shall be kept on file at the State Bar of Nevada and available for review for each county clerk, district judge, the clerk of the supreme court of this state and for such other persons as directed by the Board of Governors.

12. Discipline. Out-of-state counsel 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 attorneys 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 by members of the State Bar of Nevada and shall be subject to the disciplinary jurisdiction of the State Bar of Nevada. The rules of this court shall govern in any investigation or proceeding conducted by the State Bar of Nevada under this rule. The active member of the State Bar of Nevada who is attorney of record shall be present at all motions, pre-trials, or any matters in open court unless otherwise ordered by the court. A resident of this state who is admitted to practice in another jurisdiction but who is not admitted to practice in Nevada may not practice under this rule.

13. Nevada attorneys not maintaining Nevada offices. An attorney admitted to practice in Nevada but who does not maintain an office in Nevada shall, on filing any pleadings in the courts of Nevada, either associate an attorney maintaining an office in Nevada, or designate an attorney maintaining an office in the county in Nevada wherein the pleading or paper is filed, upon whom all papers, process or pleadings required to be served upon an attorney may be so served. A post office box shall not constitute an office under this rule. The name and office address of such attorney so designated shall be endorsed upon the pleading or paper so filed, and service upon such attorney shall be deemed to be service upon the attorney filing the pleading or other paper.

14. Rule provides exclusive procedure. Except as provided in this rule, an attorney admitted to practice in another jurisdiction shall not be admitted to practice law in the State of Nevada by motion or on the basis of reciprocity. Attorney applicants must make application for admission and be examined in accordance with Rules 49 to 75, inclusive, in the same manner as all other applicants.

NEW HAMPSHIRE

New Hampshire Statutes

New Hampshire Revised Statutes

' 311:7. Prohibition.

No person shall be permitted commonly to practice as an attorney in court unless he has been admitted by the court and taken the oath prescribed in RSA 311:6.

' 311:7-a. Petition for Injunction.

I. Upon the attorney general's own information or upon complaint of any person, including any judge or any organized bar association in this state, the attorney general may maintain an action for injunctive relief in the supreme or superior court against any person who renders, offers to render, or holds himself or herself out as rendering any service which constitutes the unauthorized practice of the law. Any organized bar association in this state may intervene in the action, at any stage of the proceeding, for good cause shown.

II. The action may also be maintained by the bar association of the state of New Hampshire.

' 311:7-b. Investigation by Attorney General.

I. The attorney general may investigate any complaint of unauthorized practice of the law and the attorney general, or a deputy attorney general or an assistant attorney general designated by the attorney general, may subpoena witnesses, compel their attendance, examine them under oath, and require the production of any relevant documentary evidence.

II. The laws relating to the attendance of witnesses in civil actions and the payment of their fees and expenses to those witnesses shall apply to investigations made by the attorney general.

III. If a person fails or refuses to obey a subpoena or to testify as to any material matter regarding which the person may be interrogated, the superior court, upon application by the attorney general, may issue to the person an order requiring the person to appear before the attorney general, or a deputy attorney general or an assistant attorney general designated by the attorney general, to produce documentary evidence or testify. Failure to obey the order of the court may be punished by the court as a contempt of court.

IV. When requested, public officers, their assistants, clerks or employees shall furnish to the attorney general, the deputy or an assistant attorney general designated by the attorney general all information and assistance.

V. Investigations under this section shall be confidential. Any person participating in the investigation who, except as required in the discharge of the person's official duties, discloses to any person, other than to a person under investigation, the name of any person under investigation or any witness examined, or any other information obtained in the investigation is guilty of a misdemeanor.

VI. Every person whose conduct is investigated under this section shall be furnished with a written specification of the issues which are to be considered, and shall be given an opportunity to present evidence and be heard upon the specified issues.

New Hampshire Rules

NEW JERSEY

New Jersey Statutes

New Jersey Permanent Statutes

' 2C:21-22. Unauthorized practice of law, penalties.

a. A person is guilty of a disorderly persons offense if the person knowingly engages in the unauthorized practice of law.

c. For the purposes of this section, the phrase "in fact" indicates strict liability.

New Jersey Rules

New Jersey Rules of Court

Rule 1:21-1. Who May Practice; Appearance in Court.

(a) Qualifications. Except as provided below, no person shall practice law in this State unless that person is an attorney holding a plenary license to practice in this State, has complied with the Rule 1:26 skills and methods course requirement in effect on the date of the attorney's admission, is in good standing, and, except as provided in paragraph (d) of this Rule, maintains a bona fide office for the practice of law in this State regardless of where the attorney is domiciled. A bona fide office is more than a maildrop, a summer home that is unattended during a substantial portion of the year, an answering service unrelated to a place where business is conducted or a place where an on-site agent of the attorney receives and transmits messages only. For the purpose of this section, a bona fide office is a place where clients are met, files are kept, the telephone is answered, mail is received and the attorney or a responsible person acting on the attorney's behalf can be reached in person and by telephone during normal business hours to answer questions posed by the courts, clients or adversaries and to ensure that competent advice from the attorney can be obtained within a reasonable period of time. An attorney who practices law in this state and fails to maintain a bona fide office in this State shall be deemed to be in violation of RPC 5.5(a). An attorney who is not domiciled in this State, but who meets all the qualifications for the practice of law set forth herein must designate the Clerk of the Supreme Court as agent upon whom service of process may be made for all actions, including disciplinary actions, that may arise out of the practice of law and activities related thereto, in the event that service cannot otherwise be effectuated pursuant to the appropriate Rules of Court. The designation of the Clerk as agent shall be made on a form approved by the Supreme Court.

A person not qualifying to practice pursuant to the first paragraph of this rule shall nonetheless be permitted to appear and prosecute or defend an action in any court of this State if the person (1) is a real party in interest to the action or the guardian of the party; or (2) has been admitted to speak pro hac vice pursuant to R. 1:21-2; or (3) is a law student or law graduate practicing within the limits of R. 1:21-3.

No attorney authorized to practice in this State shall permit another person to practice in this State in the attorney's name or as the attorney's partner, employee or associate unless such other person satisfies the requirements of this rule.

. . .

Rule 1:21-2. Appearances Pro Hac Vice.

(a) Conditions for Appearance. An attorney of any other jurisdiction, of good standing there, whether practicing law in such other jurisdiction as an individual or a member or employee of a partnership or an employee of a professional corporation or limited liability entity authorized to practice law in such other jurisdiction, or an attorney admitted in this state, of good standing, who does not maintain in this state a bona fide office for the practice of law may, at the discretion of the court in which any matter is pending, be permitted, pro hac vice, to speak in such matter in the same manner as an attorney of this state who maintains a bona fide office for the practice of law in this state and who is therefore, pursuant to R. 1:21-1(a), authorized to practice in this state. No attorney shall be admitted under this rule without annually complying with R. 1:20-1(b) and R. 1:28-2 during the period of admission. An application for admission pro hac vice shall be made on motion to all parties in the matter.

(1) In both civil and criminal actions, the motion shall be supported by an affidavit or certification of the attorney stating that:

(i) the attorney is a member in good standing of the bar of the highest court of the state in which the attorney is domiciled or principally practices law;

(ii) the attorney is associated in the matter with New Jersey counsel of record qualified to practice pursuant to R. 1:21-1; and

(iii) the client has requested to be represented by said attorney.

(iv) no disciplinary proceedings are pending against the attorney in any jurisdiction and no discipline has previously been imposed on the attorney in any jurisdiction. If discipline has previously been imposed, the certification shall state the date, jurisdiction, nature of the ethics violation and the penalty imposed. If proceedings are pending, the certification shall specify the jurisdiction, the charges and the likely time of their disposition. An attorney admitted pro hac vice shall have the continuing obligation during the period of such admission promptly to advise the court of a disposition made of pending charges or of the institution of new disciplinary proceedings.

(2) In criminal actions a motion so supported shall be granted unless the court finds, for specifically stated reasons, that there are supervening considerations of judicial administration.

(3) In civil actions the motion shall be granted only if the court finds, from the supporting affidavit, that there is good cause for such admission, which shall include at least one of the following:

(i) the cause in which the attorney seeks admission involves a complex field of law in which the attorney is a specialist, or

(ii) there has been an attorney-client relationship with the client for an extended period of time, or

(iii) there is a lack of local counsel with adequate expertise in the field involved, or

(iv) the cause presents questions of law involving the law of the foreign jurisdiction in which the applicant is licensed, or

(v) there is need for extensive discovery or other proceedings in the foreign jurisdiction in which the applicant is licensed, or

(vi) such other reason similar to those set forth in this subsection as would present good cause for the pro hac vice admission.

(b) Contents of Order. The order granting admission pro hac vice shall require the attorney to:

(1) abide by these rules, including all disciplinary rules;

(2) consent 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 attorney or the attorney's firm that may arise out of the attorney's participation in the matter;

(3) notify the court immediately of any matter affecting the attorney's standing at the bar of any other court; and

(4) have all pleadings, briefs and other papers filed with the court signed by an attorney of record authorized to practice in this State, who shall be held responsible for them and for the conduct of the cause and of the admitted attorney therein. The order may contain further requirements concerning the participation of New Jersey counsel as the court from time to time deems necessary.

(c) Appearances in Subsequent Courts. An attorney permitted to speak pro hac vice by order entered by the trial court may speak in the cause on appeal by filing with the clerk of the appellate court a copy of the trial court's order together with a certification stating that all the conditions of the order have been complied with and, to the extent applicable, will continue to be complied with in the appellate court.

(d) Revocation of Permission to Appear. The court may, on its own or a party's motion, withdraw the permission to appear granted pursuant to this rule for good cause shown. In the event of said revocation, the court shall make such further order respecting the further progress of the litigation as the circumstances may require.

Rule 1:22. Committee on the Unauthorized Practice of Law.

[This Rule sets out the charter for the Committee on the Unauthorized Practice of Law, its duties and procedures.]

NEW MEXICO

New Mexico Statutes

New Mexico Statutes Annotated

' 36-2-27. Practice without admission; contempt of court; foreign attorneys.

No person shall practice law in a court of this state, except a magistrate court, nor shall a person commence, conduct or defend an action or proceeding unless he has been granted a certificate of admission to the bar under the provisions of Chapter 36 NMSA 1978. No person not licensed as provided in that chapter shall advertise or display any matter or writing whereby the impression may be gained that he is an attorney or counselor at law or hold himself out as an attorney or counselor at law, and all persons violating the provisions of that chapter shall be deemed guilty of contempt of the court in which the violation occurred, as well as of the supreme court of the state; provided, however, that nothing in this section shall be construed to prohibit persons residing beyond the limits of this state, otherwise qualified, from assisting resident counsel in participating in an action or proceeding.

' 36-2-28. Practice without valid license; penalty.

If any person shall, without having become duly licensed to practice, or whose licenses to practice shall have expired either by disbarment, failure to pay his license fee or otherwise, practice or assume to act or hold himself out to the public as a person qualified to practice or carry on the calling of a lawyer, he shall be guilty of an offense under this act [36-2-26,36-2-28 NMSA 1978], and on conviction thereof be fined not to exceed five hundred dollars [($500)], or be imprisoned, for a period not to exceed six months, or both

New Mexico Rules

Rules of Civil Procedure for the District Courts

Rule 1-089.1. Nonadmitted and nonresident counsel.

A. Nonadmitted counsel. Except as otherwise provided in Paragraph C of this rule, counsel not admitted to practice law in New Mexico, but who are licensed to practice law and in good standing in another state or territory, may participate in proceedings before New Mexico courts only in association with counsel licensed to practice law in good standing in New Mexico, who, unless excused by the court, must be present in person in all proceedings before the court. New Mexico counsel must sign the first motion or pleading and New Mexico counsel's name and address must appear on all subsequent papers or pleadings. For good cause shown, the court may revoke the privilege granted herein of any attorney not licensed to practice law in New Mexico to appear in any proceeding. New Mexico counsel shall be deemed to have signed every subsequent pleading and shall therefore be subject to the provisions of Rule 1-011.

B. Nonresident counsel licensed in New Mexico. In order to promote the speedy and efficient administration of justice by assuring that a court has the assistance of attorneys who are available for court appointments, for local service, for docket calls and to prevent delays of motion hearings and matters requiring short notice, the court may require a nonresident counsel licensed to practice and in good standing in New Mexico to associate resident New Mexico counsel in connection with proceedings before the court.

C. Discovery matters; counsel not licensed in New Mexico. Counsel who are not New Mexico residents and who are not licensed to practice law in New Mexico, but who are licensed to practice law and in good standing in another state or territory may, without associating New Mexico counsel, participate in discovery proceedings which arise out of litigation pending in another state or territory. However, in a specific proceeding, the court may require association of New Mexico counsel.

 

Rules of Appellate Procedure

Rule 12-302. Appearance, withdrawal or substitution of attorneys.

. . .

E. Nonadmitted counsel. Nonresident counsel may not be heard in any matter unless resident counsel be associated with the nonresident counsel. New Mexico residents not admitted to practice law in this state may not appear as counsel, except pro se.

Rules Governing the Bar

Rule 20-102. Definitions. As used in these guidelines:

A. a "legal assistant" is a person, qualified through education, training or work experience, who is employed or retained by a lawyer, law office, governmental agency or other entity in a capacity or function which involves the performance, under the ultimate direction and supervision of an attorney, of a specifically-delegated substantive legal work, which work, for the most part, requires a sufficient knowledge of legal concepts that, absent such assistant, the attorney would perform the task; and

B. practice of law, insofar as court proceedings are concerned, includes: (1) representation of parties before judicial or administrative bodies; (2) preparation of pleadings and other papers, incident to actions and special proceedings; (3) management of such actions and proceedings; and (4) noncourt-related activities, such as: (a) giving legal advice and counsel; (b) rendering a service which requires use of legal knowledge or skill; and (c) preparing instruments and contracts by which legal rights are secured.

NEW YORK

New York Statutes

McKinney's Consolidated Laws of New York Annotated

' 30-15-476-a. Action for unlawful practice of the law.

1. The attorney-general may maintain an action upon his own information or upon the complaint of a private person or of a bar association organized and existing under the laws of this state against any person, partnership, corporation, or association, and any employee, agent, director, or officer thereof who commits any act or engages in any conduct prohibited by law as constituting the unlawful practice of the law. The term "unlawful practice of the law" as used in this article shall include, but is not limited to,

(a) any act prohibited by penal law sections two hundred seventy, two hundred seventy-a, two hundred seventy-e, two hundred seventy-one, two hundred seventy-five, two hundred seventy-five-a, two hundred seventy-six, two hundred eighty or fourteen hundred fifty-two, or

(b) any other act forbidden by law to be done by any person not regularly licensed and admitted to practice law in this state, or

(c) any act punishable by the supreme court as a criminal contempt of court under section seven hundred fifty-B of this chapter.

2. Such an action may also be maintained by a bar association organized and existing under the laws of the state of New York, upon an application to the supreme court of the state of New York, or a justice thereof, for leave to bring the same by such bar association on good cause shown therefor and proof that a written request was made upon the attorney-general to bring such an action and that more than twenty days have elapsed since the making of such request and he has failed or refused to bring such an action.

' 30-15-476-b. Injunction to restrain defendant from unlawful practice of the law.

In an action brought as prescribed in section four hundred seventy-six-a, the final judgment in favor of the plaintiff shall perpetually restrain the defendant from the commission or continuance of the act complained of. A temporary restraining order to restrain the commission or continuance thereof may be granted upon proof, by affidavit, that the defendant has violated any of the provisions of such section. The provisions of statute or rule relating generally to injunctions as provisional remedies in actions apply to such a temporary restraining order and the proceedings thereupon, except that the plaintiff shall not be required to file any undertaking before the issuance of such temporary restraining order, shall not be liable for costs and shall not be liable for damages sustained by reason of the restraining order in cases where judgment is rendered in favor of the person, firm or corporation sought to be enjoined.

' 30-15-478. Practicing or appearing as attorney-at-law without being admitted and registered.

It shall be unlawful for any natural person to practice or appear as an attorney-at-law or as an attorney and counselor-at-law for a person other than himself in a court of record in this state, or to furnish attorneys or counsel or an attorney and counsel to render legal services, or to hold himself out to the public as being entitled to practice law as aforesaid, or in any other manner, or to assume to be an attorney or counselor-at-law, or to assume, use, or advertise the title of lawyer, or attorney and counselor-at-law, or attorney-at-law or counselor-at-law, or attorney, or counselor, or attorney and counselor, or equivalent terms in any language, in such manner as to convey the impression that he is a legal practitioner of law or in any manner to advertise that he either alone or together with any other persons or person has, owns, conducts or maintains a law office or law and collection office, or office of any kind for the practice of law, without having first been duly and regularly licensed and admitted to practice law in the courts of record of this state, and without having taken the constitutional oath. Provided, however, that nothing in this section shall be held to apply

(1) to officers of societies for the prevention of cruelty to animals, duly appointed, when exercising the special powers conferred upon such corporations under section fourteen hundred three of the not-for-profit corporation law; or

(2) to law students who have completed at least two semesters of law school or persons who have graduated from a law school, who have taken the examination for admittance to practice law in the courts of record in the state immediately available after graduation from law school, or the examination immediately available after being notified by the board of law examiners that they failed to pass said exam, and who have not been notified by the board of law examiners that they have failed to pass two such examinations, acting under the supervision of a legal aid organization when such students and persons are acting under a program approved by the appellate division of the supreme court of the department in which the principal office of such organization is located and specifying the extent to which such students and persons may engage in activities otherwise prohibited by this statute; or

(3) to law students who have completed at least two semesters of law school, or to persons who have graduated from a law school approved pursuant to the rules of the court of appeals for the admission of attorneys and counselors-at-law and who have taken the examination for admission to practice as an attorney and counselor-at-law immediately available after graduation from law school or the examination immediately available after being notified by the board of law examiners that they failed to pass said exam, and who have not been notified by the board of law examiners that they have failed to pass two such examinations, when such students or persons are acting under the supervision of the state or a subdivision thereof or of any officer or agency of the state or a subdivision thereof, pursuant to a program approved by the appellate division of the supreme court of the department within which such activities are taking place and specifying the extent to which they may engage in activities otherwise prohibited by this statute and those powers of the supervising governmental entity or officer in connection with which they may engage in such activities.

New York Rules

Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law.

' 520.11. Admission Pro Hac Vice.

(a) General. An attorney and counselor-at-law or the equivalent, who is a member in good standing of the bar of another state, territory, district or foreign country may be admitted pro hac vice:

(1) in the discretion of any court of record, to participate in any matter in which the attorney is employed; or

(2) in the discretion of the Appellate Division, to advise and represent clients or participate in any matter during the continuance of applicant's enrollment in an approved law school in New York State as a graduate student or graduate assistant, or during applicant's employment as a law school teacher in an approved law school in New York State, if applicant is engaged to advise or represent the client through participation in an organization described in subdivision 7 of section 495 of the Judiciary Law or during employment with a District Attorney, Corporation Counsel or the Attorney General, but in no event for longer than 18 months; or

(3) in the discretion of the Appellate Division, provided applicant is a graduate of an approved law school, to advise and represent clients and participate in any matter during the continuance of the applicant's employment or association with an organization described in subdivision 7 of section495 of the Judiciary Law or during employment with a District Attorney, Corporation Counsel or the Attorney General, but in no event for longer than 18 months.

(b) New York Law Students. A graduate student or graduate assistant at an approved law school in New York State may be admitted pro hac vice in the discretion of the Appellate Division, to advise and represent clients or participate in any matter during the continuance of applicant's enrollment in an approved law school in New York State as a graduate student or graduate assistant, or during applicant's employment as a law school teacher in an approved law school in New York State, if applicant is engaged to advise or represent the client through participation in an organization described in subdivision 7 of section 495 of the Judiciary Law or during employment with a District Attorney, Corporation Counsel or the Attorney General, but in no event for longer than 18 months.

(c) Association of New York Counsel. No attorney may be admitted pro hac vice pursuant to paragraph (1) of subdivision (a) to participate in pretrial or trial proceedings unless he or she is associated with an attorney who is a member in good standing of the New York bar, who shall be the attorney of record in the matter.

(d) Professional Responsibility Requirements. An attorney admitted pro hac vice pursuant to this section:

(1) shall be familiar with and shall comply with the standards of professional conduct imposed upon members of the New York bar, including the rules of court governing the conduct of attorneys and the Disciplinary Rules of the Code of Professional Responsibility; and

(2) shall be subject to the jurisdiction of the courts of this State with respect to any acts occurring during the course of the attorney's participation in the matter.

NORTH CAROLINA

North Carolina Statutes

General Statutes of North Carolina

' 84-2.1. "Practice law" defined.

The phrase "practice law" as used in this Chapter is defined to be performing any legal service for any other person, firm or corporation, with or without compensation, specifically including the preparation or aiding in the preparation of deeds, mortgages, wills, trust instruments, inventories, accounts or reports of guardians, trustees, administrators or executors, or preparing or aiding in the preparation of any petitions or orders in any probate or court proceeding; abstracting or passing upon titles, the preparation and filing of petitions for use in any court, including administrative tribunals and other judicial or quasi-judicial bodies, or assisting by advice, counsel, or otherwise in any legal work; and to advise or give opinion upon the legal rights of any person, firm or corporation: Provided, that the above reference to particular acts which are specifically included within the definition of the phrase "practice law" shall not be construed to limit the foregoing general definition of the term, but shall be construed to include the foregoing particular acts, as well as all other acts within the general definition.

' 84-4. Persons other than members of State Bar prohibited from practicing law.

Except as otherwise permitted by law, it shall be unlawful for any person or association of persons, except active members of the Bar of the State of North Carolina admitted and licensed to practice as attorneys-at-law, to appear as attorney or counselor at law in any action or proceeding before any judicial body, including the North Carolina Industrial Commission, or the Utilities Commission; to maintain, conduct, or defend the same, except in his own behalf as a party thereto; or, by word, sign, letter, or advertisement, to hold out himself, or themselves, as competent or qualified to give legal advice or counsel, or to prepare legal documents, or as being engaged in advising or counseling in law or acting as attorney or counselor-at- law, or in furnishing the services of a lawyer or lawyers; and it shall be unlawful for any person or association of persons except active members of the Bar, for or without a fee or consideration, to give legal advice or counsel, perform for or furnish to another legal services, or to prepare directly or through another for another person, firm or corporation, any will or testamentary disposition, or instrument of trust, or to organize corporations or prepare for another person, firm or corporation, any other legal document. Provided, that nothing herein shall prohibit any person from drawing a will for another in an emergency wherein the imminence of death leaves insufficient time to have the same drawn and its execution supervised by a licensed attorney-at-law. The provisions of this section shall be in addition to and not in lieu of any other provisions of this Chapter. Provided, however, this section shall not apply to corporations authorized to practice law under the provisions of Chapter 55B of the General Statutes of North Carolina.

' 84-4.1. Limited practice of out-of-state attorneys.

Any attorney domiciled in another state, and regularly admitted to practice in the courts of record of that state and in good standing therein, having been retained as attorney for a party to any civil or criminal legal proceeding pending in the General Court of Justice of North Carolina, the North Carolina Utilities Commission, the North Carolina Industrial Commission, the Office of Administrative Hearings of North Carolina, or any administrative agency, may, on motion, be admitted to practice in that forum for the sole purpose of appearing for a client in the litigation. The motion required under this section shall contain or be accompanied by:

(1) The attorney's full name, post-office address, bar membership number, and status as a practicing attorney in another state.

(2) A statement, signed by the client, setting forth the client's address and declaring that the client has retained the attorney to represent the client in the proceeding.

(3) A statement that unless permitted to withdraw sooner by order of the court, the attorney will continue to represent the client in the proceeding until the final determination thereof, and that with reference to all matters incident to the proceeding, the attorney agrees to be subject to the orders and amenable to the disciplinary action and the civil jurisdiction of the General Court of Justice and the North Carolina State Bar in all respects as if the attorney were a regularly admitted and licensed member of the Bar of North Carolina in good standing.

(4) A statement that the state in which the attorney is regularly admitted to practice grants like privileges to members of the Bar of North Carolina in good standing.

(5) A statement to the effect that the attorney has associated and is personally appearing in the proceeding, with an attorney who is a resident of this State and is duly and legally admitted to practice in the General Court of Justice of North Carolina, upon whom service may be had in all matters connected with the legal proceedings, or any disciplinary matter, with the same effect as if personally made on the foreign attorney within this State. Compliance with the foregoing requirements does not deprive the court of the discretionary power to allow or reject the application.

' 84-4.2. Summary revocation of permission granted out- of-state attorneys to practice.

Permission granted under G.S. 84-4.1 may be summarily revoked by the General Court of Justice or any agency, including the North Carolina Utilities Commission, on its own motion and in its discretion.

' 84-8. Punishment for violations; legal clinics of law schools excepted.

Any person, corporation, or association of persons violating the provisions of G.S. 84-4 to 84-8 shall be guilty of a Class 1 misdemeanor. Provided, that G.S. 84-4 to 84-8 shall not apply to any law school or law schools conducting a legal clinic and receiving as their clientage only those persons unable financially to compensate for legal advice or services rendered.

' 84-37. State Bar may investigate and enjoin unauthorized practice.

(a) The Council or any committee appointed by it for that purpose may inquire into and investigate any charges or complaints of unauthorized or unlawful practice of law. The Council or any committee of its members appointed for that purpose may inquire into and investigate any charges or complaints of unauthorized or unlawful practice of law. The Council may bring or cause to be brought and maintain in the name of the North Carolina State Bar an action or actions, upon information or upon the complaint of any person or entity against any person or entity that engages in rendering any legal service or makes it a practice or business to render legal services which are unauthorized or prohibited by law or statutes relative thereto. No bond for cost shall be required in the proceeding.

(b) In an action brought under this section the final judgment if in favor of the plaintiff shall perpetually restrain the defendant or defendants from the commission or continuance of the act or acts complained of. A temporary injunction to restrain the commission or continuance thereof may be granted upon proof or by affidavit, that the defendant or defendants have violated any of the laws or statutes applicable to unauthorized or unlawful practice of law. The provisions of statute or rules relating generally to injunctions as provisional remedies in actions shall apply to a temporary injunction and the proceedings thereunder.

(c) The venue for actions brought under this section shall be the superior court of any county in which the acts constituting unauthorized or unlawful practice of law are alleged to have been committed or in which there appear reasonable grounds that they will be committed or in the county where the defendants in the action reside or in Wake County.

(d) The plaintiff in the action shall be entitled to examination of the adverse party and witnesses before filing complaint and before trial in the same manner as provided by law for the examination of parties.

(e) This section shall not repeal or curtail any remedy now provided in cases of unauthorized or unlawful practice of law, and nothing contained herein shall be construed as disabling or abridging the inherent powers of the court in these matters.

(f) The Council or its duly appointed committee has the authority to issue advisory opinions in response to inquiries from members or the public regarding whether contemplated conduct would constitute the unauthorized practice of law.

North Carolina Rules

NORTH DAKOTA

North Dakota Statutes

North Dakota Century Code

' 27-02-07. Rules relating to the unauthorized practice of the law may be made by

supreme court.

The supreme court of this state may make all necessary rules for the restraint of persons unlawfully engaging in the practice of the law in this state.

' 27-11-01. Practicing law and serving on courts of record without certificate of

admission and without payment of annual license fee prohibited - Penalty.

Except as otherwise provided by state law or supreme court rule, a person may not practice law, act as an attorney or counselor at law in this state, or commence, conduct, or defend in any court of record of this state, any action or proceeding in which he is not a party concerned, nor may a person be qualified to serve on a court of record unless he has:

1. Secured from the supreme court a certificate of admission to the bar of this state;

and

2. Secured an annual license therefor from the state bar board.

Any person who violates this section is guilty of a class A misdemeanor.

North Dakota Rules

OHIO

Ohio Statutes

Ohio Revised Code Annotated

Title 47 ' 4705.07. False Representation as Attorney.

(A) No person who is not licensed to practice law in this state shall do either of the following:

(1) Hold that person out in any manner as an attorney at law;

(2) Represent that person orally or in writing, directly or indirectly, as being authorized to practice law.

(B) The use of "lawyer," "attorney at law," "counselor at law," "law," "law office," or other equivalent words by any person who is not licensed to practice law, in connection with that person's own name, or any sign, advertisement, card, letterhead, circular, or other writing, document, or design, the evident purpose of which is to induce others to believe that person to be an attorney, constitutes holding out within the meaning of division (A) of this section.

Title 47 ' 4705.99.

Whoever violates section 4705.07 of the Revised Code is guilty of a misdemeanor of the first degree.

Ohio Rules

Rules of Practice of the Supreme Court of Ohio

Rule I, Section 2. Admission Pro Hac Vice.

(A) The Supreme Court may permit any attorney who is admitted to practice in the highest court of a state, commonwealth, territory, or possession of the United States or the District of Columbia, or who is admitted to practice in the courts of a foreign state, to appear pro hac vice and file pleadings, memoranda, briefs, or other documents or participate in oral argument before the Supreme Court.

(B) Admission pro hac vice will be allowed only on motion of an attorney admitted to practice in Ohio and registered with the Clerk for active status. The motion shall briefly and succinctly state the qualifications of the attorney seeking admission. It shall be filed with the first pleading or brief in which the attorney seeks to participate or at least 30 days before oral argument if the attorney seeks only to participate in oral argument. The Supreme Court may withdraw admission pro hac vice at any time.

Supreme Court Rules for the Government of the Bar of Ohio

Rule I, Section 9. Admission Without Examination.

. . .

(B) For purposes of this Section, "practice of law" shall mean:

(1) private practice as a sole practitioner or for a law firm, legal services office, legal clinic or similar entity, provided such practice was subsequent to being admitted to the practice of law in the jurisdiction in which that practice occurred;

(2) practice as an attorney for a corporation, partnership, trust, individual, or other entity, provided such practice was subsequent to being admitted to the practice of law in the jurisdiction in which the practice occurred and involved the primary duties of furnishing legal counsel, drafting legal documents and pleadings, interpreting and giving advice regarding the law, or preparing, trying, or presenting cases before courts, executive departments, administrative bureaus, or agencies;

(3) practice as an attorney for the federal or a state or local government with the same primary duties as described in Division (B)(2) above;

(4) employment as a judge, magistrate, referee, or similar official for the federal or a state or local government, provided that such employment is available only to attorneys;

(5) full-time employment as a teacher of law at a law school approved by the American Bar Association, whether or not such law school is located in Ohio; or

(6) any combination of the above.

. . .

(H) An applicant under this Section shall not engage in the practice of law in this State prior to the presentation of the applicant to the Court pursuant to Division (G) of this Section. This Division does not apply to participation by an attorney not yet admitted to practice in Ohio in a cause being litigated in the State when such participation is with leave of the judge hearing such cause.

Rule VI, Section 4. Attorneys not admitted in Ohio.

(A) An attorney who is admitted to the practice of law in another state, but not in Ohio, and who is employed full time by a nongovernmental Ohio employer may register for corporate status by filing a Certificate of Registration and paying the fee as required by Section 1 of this rule. The Clerk may require additional information and documents, including a certificate of admission and good standing from the state in which the attorney is admitted, from an attorney who registers for corporate status. An attorney who is granted corporate status may perform legal services in Ohio solely for a nongovernmental Ohio employer, as long as the attorney is so employed. An attorney who is granted corporate status shall promptly notify the Attorney Registration Office in writing upon termination of full-time employment with the Ohio employer.

(B) An attorney who is granted corporate status may not practice before any court or agency of this state on behalf of the attorney's employer or any person except himself or herself, unless granted leave by the court or agency.

(C) An attorney who is admitted to the practice of law in another state, but not in Ohio, and who performs legal services in Ohio for his or her employer, but fails to register in compliance with this section or does not qualify to register under this section, may be referred for investigation of the unauthorized practice of law under Gov. Bar. R. VII, Section 3 and shall be precluded from applying for admission without examination under Gov. Bar. R. I, Section 8.

(D) Division (A) of this section shall not apply to an attorney who is admitted to the practice of law in another state, but not in Ohio, and who is employed by, associated with, or a partner in an Ohio law firm. Until the attorney is admitted to the practice of law in Ohio, the attorney may not practice law in Ohio, hold himself or herself out as authorized to practice law in Ohio, or practice before any nonfederal court or agency in this state on behalf of any person except himself or herself, unless granted leave by the court or agency. The law firm may include the name of the attorney on its letterhead only if the letterhead includes a designation that the attorney is not admitted in Ohio.

OKLAHOMA

Oklahoma Statutes

Oklahoma Statutes Annotated

Title 5, Ch. I, App. 1, Section 5. Attorneys from Other Jurisdictions.

An attorney duly admitted and presently qualified to practice in the Courts of record of another state or territory or of a foreign country may be permitted to practice before any court, or before any board, department, commission or other administrative tribunal or agency of this state, solely for the purpose of conducting an action or a proceeding in which he has been employed which is pending in such court, tribunal, or agency, upon the following express conditions:

(a) He shall file in said action or proceeding a written statement showing his name and qualifications, including a disclosure of all courts in which he is authorized to practice, and stating that an active member of the Oklahoma Bar Association, resident of the state, whose name and office address are given, is associated with him in said action or proceeding.

(b) The associate attorney shall enter his appearance in said action or proceeding.

(c) Service may be made upon the associate attorney, as to all matters connected with the action or proceeding, with the same effect as if personally made within the state on the foreign attorney.

(d) If it appears that the foreign attorney has willfully engaged in disorderly or disruptive tactics of such character as to interfere with the proper and efficient conduct of proceedings and the due administration of justice in any court or tribunal in which he has practiced, admission may be refused.

(e) On admitting a foreign attorney under this rule, the court, in its discretion, may advise him that he is to maintain proper decorum at all times and to refrain from disorderly or disruptive tactics of such character as to interfere with the proper and efficient conduct of the proceedings and of the due administration of justice in the cause. If there is reason to believe that the attorney has engaged in such conduct in the past, the court may require associate counsel qualified and prepared to handle the case as chief counsel.

The foreign attorney shall be subject to the orders of, and to disciplinary action by the trial court, tribunal, or agency or by this Court.

(f) No court, agency or tribunal shall permit any such nonresident attorney who is not an active member of the Bar of this state, to appear in any action or proceeding otherwise than in pursuance of the preceding requirements, but this shall not prevent any party from appearing on his own behalf and in his own proper person, before any court, agency or tribunal.

(g) Subject to the provisions of Subsections (d) and (e) above, and as otherwise herein provided, the provisions of this rule which absolutely require the association of an Oklahoma attorney shall not be applicable to regularly admitted practicing attorneys in the courts of record in another state or territory which state or territory or the courts thereof do not require as a condition to the appearance of an Oklahoma attorney representing his client in a court of that state, the association with him of an attorney resident of and duly and regularly admitted to practice in the courts of record of that state. It is intended that this be a reciprocal rule and shall apply to attorneys from those states and territories or courts who require members of the Oklahoma Bar to have a member of the bar of said state, territory of courts thereof, associated and personally appearing with a member of the Oklahoma Bar. However, in any instance where it becomes reasonably apparent, before or during the trial of any cause or proceeding, that the assistance of a member of the Oklahoma Bar Association is necessary to the proper and orderly administration of justice, the court, board, department, commission or agency may require the employment therein of an active member of the Oklahoma Bar Association.

Title 5, Ch. I, App. 1, Section 7. Who May Practice Law.

(a) No person, corporation, partnership, or any other entity (hereinafter collectively referred to as "person") shall practice law in the State of Oklahoma who is not an active member of the Association, except as herein provided.

(b) Any member of the Association who shall have been adjudged to be insane, mentally incompetent, or mentally ill shall not practice law, and shall not be required to pay dues during the continuation of such adjudication.

(c) It shall be the duty and responsibility of this Association, acting through the Professional Responsibility Commission, to investigate and to seek judicial action to prevent the unauthorized practice of law by any person, and to take appropriate action to enforce any lawful orders issued in such proceedings.

Oklahoma Rules

OREGON

Oregon Statutes

Oregon Revised Statutes

' 9.160. Practice of law by persons other than active members.

Except for the right reserved to litigants by ORS 9.320 to prosecute or defend a cause in person, no person shall practice law or represent that person as qualified to practice law unless that person is an active member of the Oregon State Bar.

' 9.166. Enjoining practicing law without a license; restitution to victim; certain real estate activities not practice of law.

(1) If the board has reason to believe that a person is practicing law without a license, the board may maintain a suit for injunctive relief in the name of the Oregon State Bar against any person violating ORS 9.160. The court shall enjoin any person violating ORS 9.160 from practicing law without a license. Any person who has been so enjoined may be punished for contempt by the court issuing the injunction. An injunction may be issued without proof of actual damage sustained by any person. The court may also order restitution to any victim of any person violating ORS 9.160. The prevailing party may recover its costs and attorney fees in any suit for injunctive relief brought under this section in which the board is the plaintiff.

. . .

' 9.241. Appearance by attorneys licensed in other jurisdictions.

The Supreme Court may adopt rules to govern the appearance in judicial and administrative proceedings by attorneys who have not been admitted to practice law in this state. Subject to those rules, an attorney of the highest court of record in any other state or country may appear as counsel for a party in an action or proceeding before a court, or may appear as counsel for a party in an administrative proceeding, if the attorney is associated with an active member of the Oregon State Bar.

Oregon Rules

Uniform Trial Court Rules

UTCR 3.170. Association of Out-of-State Counsel (Pro Hac Vice).

(1) An attorney authorized to practice law before the highest court of record in any state or country ("out-of-state attorney") may appear on behalf of a party in any action, suit, or proceeding pending in this state even though that attorney is not licensed to practice law in this state, if the attorney satisfies all of the following requirements:

[Paragraphs (a) - (f) list requirements. There is no stated limit on the number of pro hac vice appearances permitted.]

. . .

PENNSYLVANIA

Pennsylvania Statutes

Pennsylvania Consolidated Statutes

Title 42, ' 2524. Penalty for unauthorized practice of law.

(a) General rule.--Except as provided in subsection (b), any person including, but not limited to, a paralegal or legal assistant, who within this Commonwealth shall practice law, or who shall hold himself out to the public as being entitled to practice law, or use or advertise the title of lawyer, attorney at law, attorney and counselor at law, counselor, or the equivalent in any language, in such a manner as to convey the impression that he is a practitioner of the law of any jurisdiction, without being an attorney at law or a corporation complying with15 Pa.C.S. Ch. 29 (relating to professional corporations), commits a misdemeanor of the third degree upon a first violation. A second or subsequent violation of this subsection constitutes a misdemeanor of the first degree.

(b) Practice by associations.--

An association does not violate subsection (a) if it provides legal services only through officers, employees or agents who are duly admitted to practice law. The association may employ persons not admitted to practice law, but those persons shall not render any legal services rendered or to be rendered by the association.

This subsection shall not be interpreted to preclude the use of clerks, secretaries, administrators, bookkeepers, technicians and other assistants who are not usually and ordinarily considered by law, custom and practice to be rendering legal services nor to preclude the use of any other person who performs all his employment under the direct supervision and control of a person duly admitted to practice law. A person shall not, under the guise of employment, render legal services unless duly admitted to practice law.

Notwithstanding any other provision of law, an association may charge for the legal services of its officers, employees and agents, may collect those charges and may compensate those who render the professional services.

(c) Injunction.--In addition to criminal prosecution, unauthorized practice of law may be enjoined in any county court of common pleas having personal jurisdiction over the defendant. The party obtaining such an injunction may be awarded costs and expenses incurred, including reasonable attorney fees, against the enjoined party. A violation of subsection (a) is also a violation of the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law.

Pennsylvania Rules

RHODE ISLAND

Rhode Island Statutes

General Laws of Rhode Island Annotated

' 11-27-1. Definitions.

(a) The term "hold himself or herself out" as used in this chapter shall include the following: the assumption, use, or advertisement of the title of lawyer, attorney, attorney at law, counselor, counselor at law, solicitor, or any term or terms conveying the idea that the person in connection with whose name they or any of them are used is competent, qualified, authorized, or entitled to practice law, or the use of any kind of sign, token, symbol, card, letterhead, envelope, stationery, circular, or other writing, printing, or painting, or any representation by word or act, the purpose or tendency of which is to convey that idea.

(b) The word "person" when used in the phrase "another person" in this chapter shall, unless the context otherwise requires, be deemed to include partnerships, corporations, and associations.

' 11-27-2. Practice of law defined.

The term "practice law" as used in this chapter shall be deemed to mean the doing of any act for another person usually done by attorneys at law in the course of their profession, and, without limiting the generality of the foregoing, shall be deemed to include the following:

(1) The appearance or acting as the attorney, solicitor, or representative of another person before any court, referee, master, auditor, division, department, commission, board, judicial person, or body authorized or constituted by law to determine any question of law or fact or to exercise any judicial power, or the preparation of pleadings or other legal papers incident to any action or other proceeding of any kind before or to be brought before the court or other body;

(2) The giving or tendering to another person for a consideration, direct or indirect, of any advice or counsel pertaining to a law question or a court action or judicial proceeding brought or to be brought; (3) The undertaking or acting as a representative or on behalf of another person to commence, settle, compromise, adjust, or dispose of any civil or criminal case or cause of action;

(4) The preparation or drafting for another person of a will, codicil, corporation organization, amendment, or qualification papers, or any instrument which requires legal knowledge and capacity and is usually prepared by attorneys at law.

' 11-27-10. Agreement or offer to furnish legal services.

No person or persons, except such members of the bar, either in his, her or their own name or names or under any firm or trade name, shall furnish or agree to furnish legal advice, service or counsel, nor furnish or agree to furnish an attorney at law, nor advertise in any manner that he, she, or they will furnish or agree to furnish legal services or advice or the services of an attorney at law, but nothing in this section shall be deemed to permit members of the bar to advertise contrary to the ethics of their profession.

' 11-27-11. Practices permitted to persons not members of the bar.

This provision sets out areas where nonlawyers are not engaging in the unauthorized practice of law by performing certain activities.

' 11-27-12. Unauthorized holding out as qualified to practice law.

No person, except a duly admitted member of the bar of this state, whose authority as such member to practice law is in full force and effect, shall assume to be an attorney or counselor at law or hold himself or herself out in any manner to the public or to another person as being competent, qualified, authorized, or entitled to practice law in this state.

' 11-27-13. Visiting attorneys.

The provisions of '''' 11-27-1, 11-27-2, and 11-27-5 BB 11-27-14, inclusive, shall not apply to visiting attorneys at law, duly authorized to practice law before the courts of record in another state, while temporarily in this state on legal business, or while permitted to conduct or argue any case in this state according to the rules of practice of the supreme court, but no visiting attorney shall issue or indorse, as attorney, any writ of any court of this state.

' 11-27-14. Penalties for violations.

Any person violating any of the provisions of this chapter shall, upon a first conviction, be imprisoned for a term not exceeding one year or fined not exceeding five hundred dollars ($500) or both. Any firm, corporation, or other entity violating any of the provisions of this chapter, shall, upon a first conviction, be fined not exceeding five hundred dollars ($500). Every person having been convicted of a subsequent offense involving the unauthorized practice of law in this state or in any other jurisdiction shall, for each offense, be imprisoned for a term not exceeding five (5) years or be fined not exceeding five thousand dollars ($5,000) or both. Every firm, corporation, or other entity having been convicted of a subsequent offense involving the unauthorized practice of law in this state or in any other jurisdiction shall, for each offense, be fined not exceeding five thousand dollars ($5,000).

' 11-27-19. Unauthorized practice of law committee - Powers and duties - Duties of attorney general.

[This provision establishes an unauthorized practice of law committee and sets forth its duties and powers.]

Rhode Island Rules

Local Rules of the United States District Court of Rhode Island

Rule 5. Practice Before the Bar of This Court.

. . .

(c) Motion for Admission. A party seeking the admission of an attorney pro hac vice must complete and submit to the Court a motion for entry of appearance pro hac vice on a form available from the clerk, to include [required information listed in subsections (a) through (g). There is no stated limit on the number of pro hac vice appearances.]

. . .

SOUTH CAROLINA

South Carolina Statutes

Code of Laws of South Carolina

' 40-5-310. Practicing without being admitted and sworn prohibited.

No person may practice or solicit the cause of another person in a court of this State unless he has been admitted and sworn as an attorney. A person who violates this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.

' 40-5-350. Soliciting legal business unlawful.

It is unlawful for a person or his agent, employee, or anyone acting on his behalf to:

(1) solicit or procure through solicitation, either directly or indirectly, legal business; or

(2) solicit or procure through solicitation a retainer, written or oral, or an agreement authorizing an attorney to perform or render legal services.

A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.

South Carolina Rules

South Carolina Appellate Court Rules

Rule 404. Admission Pro Hac Vice.

An attorney who has been admitted to practice before a court of last resort in another state, territory or the District of Columbia may, in the discretion of any court of record, be admitted pro hac vice to participate in the trial or argument of any case in which the attorney is associated with a member in good standing of the South Carolina Bar.

Rule 405. Limited Certificate of Admission to Practice Law in South Carolina.

This rule permits the issuance of a limited certificate to practice law to individuals in South Carolina who have received a J.D. degree from an ABA approved law school and are admitted to practice law and remain in good standing in the highest court of another state, who are employed in the legal department of a corporation or other organization with a principal office in South Carolina, and who provide legal services solely on behalf of the business employer.

SOUTH DAKOTA

South Dakota Statutes

South Dakota Codified Laws

' 16-18-1. License and bar membership required to practice law - Injunction to restrain violations.

Excepting as provided by ''16-18-2, no person shall engage in any manner in the practice of law in the State of South Dakota unless such person be duly licensed as an attorney at law, and be an active member of the state bar in good standing. Any person engaging in any manner in the practice of law in violation of this section may be restrained by permanent injunction in any court of competent jurisdiction, at the suit of the attorney general or any citizen of the state.

' 16-18-2. Appearance by nonresident attorneys permitted.

A nonresident attorney, although not licensed to practice law in the State of South Dakota, but licensed in another jurisdiction within the United States, may, after first complying with the requirements hereinafter set forth, participate in the trial or hearing of any particular cause in this state, provided a resident practicing attorney of this state, a member of the State Bar of South Dakota, is actually employed and associated and personally participates with such nonresident attorney in such a trial or hearing. If such admission is sought to any court of this state by a nonresident attorney, the applicant shall first file with the court wherein he or she seeks admission a written sworn motion requesting admission. . . .

South Dakota Rules

TENNESSEE

Tennessee Statutes

Tennessee Code Annotated

' 23-3-101. Definitions.

As used in this chapter, unless the context otherwise requires: (1) "Law business" means the advising or counseling for a valuable consideration of any person, firm, association, or corporation, as to any secular law, or the drawing or the procuring of or assisting in the drawing for a valuable consideration of any paper, document or instrument affecting or relating to secular rights, or the doing of any act for a valuable consideration in a representative capacity, obtaining or tending to secure for any person, firm, association or corporation any property or property rights whatsoever, or the soliciting of clients directly or indirectly to provide such services; and (2) "Practice of law" means the appearance as an advocate in a representative capacity or the drawing of papers, pleadings or documents or the performance of any act in such capacity in connection with proceedings pending or prospective before any court, commissioner, referee or any body, board, committee or commission constituted by law or having authority to settle controversies, or the soliciting of clients directly or indirectly to provide such services.

' 23-3-103. Unlawful practice prohibited - Penalty.

(a) No person shall engage in the "practice of law" or do "law business," or both, as defined in '' 23-3-101, unless such person has been duly licensed therefor, and while such person's license therefor is in full force and effect, nor shall any association or corporation engage in the "practice of the law" or do "law business," or both, as defined in '' 23-3-101. However, nonresident attorneys associated with attorneys in this state in any case pending here who do not desire to practice regularly in this state will be allowed as a matter of courtesy to appear in such case in which they may be thus employed without procuring a license, when introduced to the court by a member in good standing of the Tennessee bar if all the courts of the resident state of the nonresident attorney grant a similar courtesy to attorneys licensed in this state.

(b) Any person, firm, association or corporation who violates the prohibition in subsection (a) commits a Class A misdemeanor and shall be subject to be sued for treble the amount which shall have been paid to such person, firm, association or corporation for any service rendered in violation hereof by the person, firm, association or corporation, paying the same within two (2) years from the date the same shall have been paid, or for actual damages suffered, whichever is greater, plus the costs of such action including, but not limited to, reasonable attorney fees.

(c) (1) The attorney general and reporter may bring an action in the name of the state to restrain by temporary restraining order, temporary injunction, or permanent injunction any violation of this part; to obtain a civil penalty in an amount not to exceed one thousand dollars ($1,000) per violation; and to obtain restitution for any person who has suffered an ascertainable loss by reason of the violation of this part. The attorney general and reporter shall be entitled to be reimbursed for the reasonable costs and expenses of investigation and prosecution of acts under this part, including, but not limited to, reasonable attorney fees as well as expert and other witness fees; provided, that the attorney general and reporter shall bring an action against a person for violating the prohibitions against directly or indirectly soliciting clients, as set forth in '' 23-3-110, upon investigation and referral by the board of professional responsibility. Such an action may also be brought by the district attorney general of the county in which the prohibited solicitation occurred. (2) The action may be brought in a court of competent jurisdiction: (A) In the county where the alleged violation took place or is about to take place; (B) In the county in which the defendant resides, has a principal place of business, or conduct, transacts, or has conducted business; or (C) If the defendant cannot be found in any of the above locations, in the county in which the defendant can be found. (3) The courts are authorized to issue orders and injunctions to restrain, prevent and remedy violations of this part, and such orders and injunctions shall be issued without bond. (4) Any knowing violation of the terms of an injunction or order issued pursuant to this part shall be punishable by a civil penalty of not more than two thousand dollars ($2,000) per violation, in addition to any other appropriate relief.

(d) (1) Any organized bar association of a municipality, county (except any county having a metropolitan form of government), or multi-county region having a population in excess of one hundred thousand (100,000), in which a violation occurs may bring a civil action seeking relief, as provided in this part, against any person or entity that violates the provisions of this part. Any organized statewide bar association, primarily representing plaintiff attorneys and having no locally-based affiliate associations, may bring a civil action in the municipality or county in which a violation occurs seeking relief, as provided in this part, against any person or entity that violates the provisions of this part. Upon the commencement of any action brought under this section by any bar association, the bar association shall provide a copy of the complaint or other initial pleading to the attorney general and reporter, who in the public interest may intervene and prosecute the action. Such pleadings shall be provided to the attorney general and reporter simultaneously with the initial service to the defendant or defendants. Additionally, all subsequent filings shall be provided to the attorney general and reporter, including any judgments or notices of appeal by the initiating bar association. (2) Any bar association bringing suit under this section is presumed to be acting in good faith and is granted a qualified immunity for the suit and the consequences of the suit. The presumption of good faith is rebuttable upon a showing by a preponderance of the evidence that the suit was brought for a malicious purpose.

' 23-3-104. Unlawful division of fees - Penalties.

(a) It is unlawful for any licensed attorney in the state to divide any fees or compensation received by such attorney in the "practice of law" or in doing "law business" with any person not a licensed attorney, or any firm not wholly composed of licensed attorneys, or any association or corporation, and any person, firm, association or corporation violating this section commits a Class C misdemeanor. (b) Any person, firm, association or corporation who shall violate the foregoing prohibition of this section shall be subject to be sued for treble the amount of any and all sums of money paid in violation hereof by the person, persons, association or corporation paying the fees or compensation which shall have been so divided, and if such person, persons, association or corporation shall not sue for or recover the same within two (2) years from the date of such division of fees or compensation, the state shall have the right to and shall sue for and recover such treble amount, which shall, upon recovery, be paid into the state treasury. (c) It is made the duty of the attorney general and reporter, or the district attorney general of any county in which service of process may be had upon the person, firm, association or corporation liable therefor, to institute all suits necessary for the recovery of such sums of money by the state of Tennessee.

' 29-3-112. Unlawfully engaging in business or profession.

The carrying on, conducting, or practice of any profession, business, or occupation which is prohibited by law, unless the person so engaging in such profession, business, or occupation is in the possession of or holds a license issued by some board or other authority organized under the laws of the state, by any person not possessed of or holding the required license, is hereby declared to be a public nuisance, and the same may be abated under any procedure now provided by law for the abatement of any public nuisances, and such abatement may be accomplished by injunction.

Tennessee Rules

Rules of the Supreme Court of Tennessee

Rule 19. Appearance in the trial and appellate courts of Tennessee of out-of-state counsel pro hac vice.

A lawyer residing outside of the State of Tennessee who is licensed, in good standing and admitted to practice before the court of last resort in the state of the lawyer's residence, will be permitted to appear pro hac vice, file pleadings, briefs, and fully participate in the trial and appellate courts of Tennessee subject to compliance with the following conditions:

(1) A foreign lawyer shall file an affidavit with the clerk of the court in which he or she desires to appear not later than the first occasion on which the foreign lawyer files any pleading, etc., or appears personally, which affidavit shall contain the following information:

(A) The full name, residence address, office address and style of the case in which affiant desires to appear;

(B) A statement that affiant is currently licensed, in good standing, admitted to practice before the court of last resort of the state of his or her residence and that no disciplinary action or investigation of his or her conduct is pending; and

(C) A statement that affiant agrees to subject himself or herself to the jurisdiction of the courts of Tennessee in any manner arising out of his or her conduct in such proceedings and agrees to be bound by the Code of Professional Responsibility applicable to Tennessee lawyers and the interpretation thereof by Tennessee courts.

(2) No foreign lawyer may appear pro hac vice in any court of this State unless he or she has first associated a lawyer who is licensed, in good standing, resides and maintains a law office in the State of Tennessee. The Tennessee lawyer and the lawyer appearing pro hac vice, shall sign all pleadings, motions, briefs, etc., and the Tennessee lawyer shall personally appear for all court proceedings, unless excused by the court in which the case is pending.

(3) If the state in which the foreign lawyer resides imposes more restrictive conditions for appearance pro hac vice than herein above provided, such foreign lawyer must also comply fully with all of the conditions that the state of his or her residence imposed upon Tennessee lawyers before he or she will be allowed to appear in the courts of this State.

TEXAS

Texas Statutes

Texas Statutes and Codes Annotated

' 81.101. Definition.

(a) In this chapter the "practice of law" means the preparation of a pleading or other document incident to an action or special proceeding or the management of the action or proceeding on behalf of a client before a judge in court as well as service rendered out of court, including the giving of advice or the rendering of any service requiring the use of legal skill or knowledge, such as preparing a will, contract, or other instrument, the legal effect of which under the facts and conclusions involved must be carefully determined.

(b) The definition in this section is not exclusive and does not deprive the judicial branch of the power and authority under both this chapter and the adjudicated cases to determine whether other services and acts not enumerated may constitute the practice of law.

' 81.102. State Bar Membership Required.

(a) Except as provided by Subsection (b), a person may not practice law in this state unless the person is a member of the state bar.

(b) The supreme court may promulgate rules prescribing the procedure for limited practice of law by:

(1) attorneys admitted in another jurisdiction;

(2) bona fide law students; and

(3) unlicensed graduate students who are attending or have attended a law school approved by the supreme court.

' 81.103. Unauthorized Practice of Law Committee.

(a) The unauthorized practice of law committee is composed of nine persons appointed by the supreme court. (b) At least three of the committee members must be nonattorneys. (c) Committee members serve for staggered terms of three years with three members' terms expiring each year. (d) A committee member may be reappointed. (e) Each year the supreme court shall designate a committee member to serve as chairperson. (f) All necessary and actual expenses of the committee should be provided for and paid out of the budget of the state bar.

' 81.104. Duties of Unauthorized Practice of Law Committee.

The unauthorized practice of law committee shall: (1) keep the supreme court and the state bar informed with respect to: (A) the unauthorized practice of law by lay persons and lay agencies and the participation of attorneys in that unauthorized practice of law; and (B) methods for the prevention of the unauthorized practice of law; and (2) seek the elimination of the unauthorized practice of law by appropriate actions and methods, including the filing of suits in the name of the committee

' 83.001. Prohibited Acts.

(a) A person, other than a person described in Subsection (b), may not charge or receive, either directly or indirectly, any compensation for all or any part of the preparation of a legal instrument affecting title to real property, including a deed, deed of trust, note, mortgage, and transfer or release of lien.

(b) This section does not apply to:

(1) an attorney licensed in this state;

(2) a licensed real estate broker or salesman performing the acts of a real estate broker pursuant to The Real Estate License Act (Article 6573a, Vernon's Texas Civil Statutes); or

(3) a person performing acts relating to a transaction for the lease, sale, or transfer of any mineral or mining interest in real property.

(c) This section does not prevent a person from seeking reimbursement for costs incurred by the person to retain a licensed attorney to prepare an instrument.

' 83.004. Cumulative Remedies.

This chapter is not exclusive and does not limit or restrict the definition of the practice of law in the State Bar Act (Chapter 81). This chapter does not limit or restrict any remedy provided in the State Bar Act or any other law designed to eliminate the unauthorized practice of law by lay persons and lay agencies.

' 83.006. Unauthorized Practice of Law.

A violation of this chapter constitutes the unauthorized practice of law and may be enjoined by a court of competent jurisdiction.

Texas Rules

UTAH

Utah Statutes

Utah Code Annotated

' 78-51-25. Practicing without a license prohibited - Action or proceedings to enforce - Exception.

No person who is not duly admitted and licensed to practice law within this state nor any person whose right or license to so practice has terminated either by disbarment, suspension, failure to pay his license fee or otherwise, shall practice or assume to act or hold himself out to the public as a person qualified to practice or carry on the calling of a lawyer within the state. Such practice, or assumption to act or holding out, by any such unlicensed or disbarred or suspended person shall not constitute a crime, but this prohibition against the practice of law by any such person shall be enforced by such civil action or proceedings, including quo warranto, contempt or injunctive proceedings, as may be necessary and appropriate, which action or which proceedings shall be instituted by the board of commissioners of the Utah State Bar; providing, that in any action or proceeding to enforce the prohibition against the practice of law, the accused shall be entitled to a trial by jury.

Nothing in this section shall prohibit a person who is unlicensed as an attorney from personally representing his own interests in a cause to which he is a party in his own right and not as assignee.

' 46-1-11. Unauthorized practice of law.

(1) A nonattorney notary may not provide advice or counsel to another person concerning legal documents or legal proceedings, including immigration matters.

(2) (a) A nonattorney notary who advertises notarial services in any language other than English shall include in the advertisement a notice that the notary public is not an attorney. The notice must include the fees that a notary may charge pursuant to Section 46-1-12 and the following statement:

AI AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN UTAH AND MAY NOT GIVE LEGAL ADVICE ABOUT IMMIGRATION OR ANY OTHER LEGAL MATTER OR ACCEPT FEES FOR LEGAL ADVICE."

(b) The notice shall be in English and in the language of the advertisement and in letters of a conspicuous size. If the advertisement is by radio or television, the statement may be modified, but must include substantially the same message.

(c) Literal translation of the phrase "Notary Public" into any language other than English is prohibited if the literal translation implies that the notary is a licensed attorney. In this Subsection (2)(c), "literal translation" means the translation of a word or phrase without regard to the true meaning of the word or phrase in the language that is being translated.

Utah Rules

Local Rules of the United States District Court of Utah

83-1.1 Attorneys - Admission to Practice.

. . .

(d) Admission Pro Hac Vice. Attorneys who are not active members of the Utah State Bar but who are members in good standing of the bar of the highest court of another state or the District of Columbia may be admitted pro hac vice upon completion and acknowledgment of the following:

(1) Application and Fee. Applicants must complete and submit to the clerk an application form available from the clerk of court. Such application must include the case name and number, if any, of other pending cases in this court in which the applicant is an attorney of record. For nonresident applicants, the name, address, Utah State Bar identification number, telephone number, and written consent of an active local member of this court's bar to serve as associate counsel must be filed with the application. The application also must be accompanied by payment of the prescribed admission fee. Pursuant to the Judicial Conference Schedule of Fees, nonresident United States attorneys and attorneys employed by agencies of the federal government are exempt from the pro hac vice fee requirement but must conform to the other pro hac vice admission requirements of this rule.

(2) Motion for Admission. Applicants must present a written or oral motion for admission pro hac vice made by an active member in good standing of the bar of this court. For nonresident applicants, unless otherwise ordered by a judge of this court, such motion must be granted only if the applicant associates an active local member of the bar of this court with whom opposing counsel and the court may communicate regarding the case and upon whom papers will be served. Applicants who are new residents, unless otherwise ordered by the court, must state either (i) that they have taken the Utah State Bar examination and are awaiting the results, or (ii) that they are scheduled to take the next bar examination.

(e) Participation of Associate Local Counsel. Where an attorney who has been admitted is a nonresident, that attorney must associate a local member of this court's bar who must sign the first pleading filed and who must continue in the case unless another active local member of this court's bar is substituted. If the nonresident attorney fails to respond to any order of the court, for appearance or otherwise, the associated local attorney will have the responsibility and full authority to act for and on behalf of the client in all proceedings in connection with the case, including hearings, pretrial conferences, and trial.

. . .

VERMONT

Vermont Statutes

Vermont Rules

Vermont Supreme Court Rules

' 2. The practice of law without license hereunder is prohibited and may be punished as contempt.

Rules of Admission to the Bar of the Vermont Supreme Court

' 7. Requirements for admission--applicants admitted to the practice of law in another jurisdiction of the United States.

(a) Each applicant who has been admitted to the practice of law in another jurisdiction of the United States may be admitted upon motion and without examination in this state provided that at the time of application the applicant has been actively engaged in the practice of law for five of the preceding ten years in one or more jurisdictions of the United States, is currently licensed to practice in at least one such jurisdiction, and is not under suspension or revocation in any jurisdiction. Any part of the five-year admission requirement is waived to the extent that any jurisdiction in which the applicant is currently licensed and in which the applicant has actively engaged in the practice of law for not less than six months requires fewer than five years admission as a condition of admission upon motion and without examination for attorneys licensed in this state, provided, however, that at the time of application the applicant has been actively engaged in the practice of law for not less than three of the preceding ten years in one or more jurisdictions of the United States, is currently licensed to practice in at least one such jurisdiction and is not under suspension or revocation in any jurisdiction.

(b) Each applicant who at the time of application has been admitted and has engaged in the practice of law for less than five of the preceding ten years in one or more jurisdictions of the United States, is currently licensed to practice in at least one such jurisdiction, and is not under suspension or revocation in any jurisdiction may be admitted after examination as described in '' 6(a)-(e).

(c) Each applicant under '' 7(a) and (b) at the time of admission must meet the requirements specified in '' 6(f) and (k).

(d) Each applicant under '' 7(a) and (b) at the time of admission shall have completed three months of study in the office and under the supervision of an attorney practicing in this state. The supervising attorney for the office study described in this subsection shall have been admitted to practice before this Court not less than three years prior to the commencement of that study.

Vermont Rules of Civil Procedure

RULE 79.1. Appearance and Withdrawal of Attorneys. (a) Appearance: In General. Upon the filing of an action or appeal the name of the attorney of the plaintiff or appellant shall be entered on the docket. If any party changes an attorney pending the suit, the name of the new attorney shall be substituted on the docket for that of the former attorney. Until notice of the change of an attorney, all notice given to or by the attorney first appointed shall be considered in all respects as notice to or from the client, except in cases in which by law the notice is required to be given to the party personally. Nothing in these rules shall be construed to prevent any party in a suit from appearing for himself or herself, in which case the party so appearing shall be subject to the same rules that are or may be provided for attorneys in like cases, so far as the same are applicable. (b) Same: Form; Service. An attorney's signature to a pleading shall constitute an appearance. Otherwise an attorney who wishes to participate in any action must appear in open court, or file notice in writing with the clerk, which shall be served pursuant to Rule 5. Appearances entered in open court shall be confirmed in writing and served within five days. An appearance, whether by pleading or formal written appearance, shall be signed by an attorney in the attorney's individual name and shall state the attorney's office address. (c) Same: Multiple Parties. In entering appearance for defendants, attorneys shall specify, and the clerk shall enter upon the docket, for whom they appear, if there is more than one defendant. An appearance for the plaintiffs or the defendants, as the case may be, where there are several, shall be deemed to be an appearance for all, unless stated to be for one or more only, and so entered upon the docket by the clerk. (d) Parties Appearing Pro Se. When a party not an attorney of the court prosecutes or defends in the party's own proper person, the party shall comply with subdivision (b) of this rule. (e) Attorneys Not Admitted to Practice in Vermont. Any member in good standing of the bar of any other state or of the District of Columbia may, in the discretion of the court on motion by a member of the bar of this state who is actively associated with that attorney in a particular action, be permitted to practice in that action. The motion shall designate which attorney will serve as lead counsel. The court may at any time for good cause revoke such permission. An attorney so permitted to practice in a particular action shall at all times be associated in such action with a member of the bar of this state, upon whom all process, notices and other papers shall be served and who shall sign all papers filed with the court and whose attendance may be required by the court. (f) Withdrawal: In General. When an attorney has entered an appearance the attorney shall remain as counsel until the attorney has been granted leave to withdraw by the court. Such leave shall be granted as a matter of course after a judgment becomes final. Leave to withdraw after a case has been set for trial will be granted only for good cause shown and on such terms as the court may order. No motion to withdraw shall be considered by the court until the party has been given notice of the motion and the date and time of hearing thereon by the clerk. The only exceptions to this shall be (1) when the attorney includes in the motion an affidavit that after diligent search the attorney cannot determine the present address of the party, and (2) when other counsel has entered an appearance for the party. (g) Same: Notification of Party. When an attorney has been granted leave to withdraw the attorney's appearance, the clerk shall notify the party forthwith, by mail, of such withdrawal, and inform said party that unless the party appears pro se or by attorney within thirty days after receipt of such notification, the action will be dismissed or defaulted, as the case may be.

Local Rules of Procedure of the United States District Court for the District of Vermont

RULE 83.2. Admission and discipline of attorneys.

. . .

(b) Admission of Attorneys Pro Hac Vice(1) Application for Admission. Any attorney who is a member in good standing of the Bar of any federal court, or of the highest court of any state, may apply for pro hac vice admission by fulfilling these requirements:(A) Motion. A member in good standing of the bar of this court, who is actively associated with him or her in this particular action, must file a motion making the request.(B) Supporting Affidavit. The attorney seeking admission must attach to the motion an affidavit containing the following information:(i) the attorney's office address and telephone number;(ii) a listing of court(s) to which the attorney has been admitted to practice and the date(s) of admission;(iii) a statement that the attorney is in good standing and eligible to practice in the court(s);(iv) a statement that the attorney is not currently suspended or disbarred in any jurisdiction; and(v) a statement on the nature and status of any pending disciplinary matters involving the attorney.(C) Fee. A $60 fee payable to "Clerk, U.S. District Court" must accompany the motion. The fee is nonrefundable if the motion is denied.(2) Revocation. The court may at any time revoke pro hac vice admission for good cause without a hearing.(3) Local Counsel. An attorney admitted pro hac vice must remain at all times associated in the action with a member of the bar of this court upon whom all process, notices, and other papers must be served, who must sign all filings, and whose attendance is required at all proceedings, unless excused by the court. This provision may be waived by the court upon good cause shown.(4) Non-compliance. Original proceedings may be filed by an attorney before admission pro hac vice, but the time for the responsive pleading does not commence until the appearance of associated local counsel is filed.

. . .

VIRGINIA

Virginia Statutes

Code of Virginia

' 54.1-3904 Penalty for practicing without authority.

Any person who practices law without being authorized or licensed shall be guilty of a Class 1 misdemeanor. A collection agency may refer debts to an attorney for collection with the creditor's approval of the referral and the fee arrangement and shall not be deemed to be engaged in the unauthorized practice of law. An attorney is permitted by the creditor's authorization to enter into such representation agreements.

Virginia Rules

Virginia Rules Annotated

Part 6, ' 1. Practice of Law in the Commonwealth of Virginia.

(A) No non-lawyer shall engage in the practice of law in the Commonwealth of Virginia or in any manner hold himself out as authorized or qualified to practice law in the Commonwealth of Virginia except as may be authorized by rule or statute.(B) Definition of the Practice of Law. The principles underlying a definition of the practice of law have been developed through the years in social needs and have received recognition by the courts. It has been found necessary to protect the relation of attorney and client against abuses. Therefore, it is from the relation of attorney and client that any practice of law must be derived. The relation of attorney and client is direct and personal, and a person, natural or artificial, who undertakes the duties and responsibilities of an attorney is nonetheless practicing law though such person may employ others to whom may be committed the actual performance of such duties. The gravity of the consequences to society resulting from abuses of this relation demands that those assuming to advise or to represent others shall be properly trained and educated, and be subject to a peculiar discipline. That fact, and the necessity for protection of society in its affairs and in the ordered proceedings of its tribunals, have developed the principles which serve to define the practice of law. Generally, the relation of attorney and client exists, and one is deemed to be practicing law whenever he furnishes to another advice or service under circumstances which imply his possession and use of legal knowledge or skill. Specifically, the relation of attorney and client exists, and one is deemed to be practicing law whenever

(1) One undertakes for compensation, direct or indirect, to advise another, not his regular employer, in any matter involving the application of legal principles to facts or purposes or desires.(2) One, other than as a regular employee acting for his employer, undertakes, with or without compensation, to prepare for another legal instruments of any character, other than notices or contracts incident to the regular course of conducting a licensed business.(3) One undertakes, with or without compensation, to represent the interest of another before any tribunal--judicial, administrative, or executive--otherwise than in the presentation of facts, figures, or factual conclusions, as distinguished from legal conclusions, by an employee regularly and bona fide employed on a salary basis, or by one specially employed as an expert in respect to such facts and figures when such representation by such employee or expert does not involve the examination of witnesses or preparation of pleadings.(C) Definition of "Non-lawyer." The term "non-lawyer" means any person, firm, association or corporation not duly licensed or authorized to practice law in the Commonwealth of Virginia. However, the term "non-lawyer" shall not include foreign attorneys who provide legal advice or services in Virginia to clients under the following restrictions and qualifications:(1) Such foreign attorney must be admitted to practice and in good standing in any state in the United States; and(2) The services provided must be on an occasional basis only and incidental to representation of a client whom the attorney represents elsewhere; and(3) The client must be informed that the attorney is not admitted in Virginia.A lawyer who provides services not authorized under this rule must associate with an attorney authorized to practice in Virginia.Nothing herein shall be deemed to overrule or contradict the requirements of Rules of this Court regarding foreign attorneys admitted to practice in the courts of the Commonwealth of Virginia including the association of counsel admitted to practice before the courts of this Commonwealth.A lawyer who provides services as authorized under this rule, or who is admitted pro hac vice under Rule 1A:4 shall, with regard to such services or admission, be bound by the disciplinary rules set forth in the Virginia Code of Professional Responsibility.Failure of the foreign attorney to comply with the requirements of these provisions shall render the activity by the attorney in Virginia to be the unauthorized practice of law.(D) The Unauthorized Practice rules which follow represent a nonexclusive list of specific types of practice which would violate these rules. [Unauthorized Practice Rules follow. These rules address non-lawyer involvement in specific practice areas.]

WASHINGTON

Washington Statutes

Washington Revised Code Annotated

' 2.48.180. Definitions -- Unlawful practice a crime -- Cause for discipline -- Unprofessional conduct -- Defense -- Injunction -- Remedies -- Costs -- Attorneys' fees -- Time limit for action.

(1) As used in this section:

(a) "Legal provider" means an active member in good standing of the state bar, and any other person authorized by the Washington state supreme court to engage in full or limited practice of law;

(b) "Nonlawyer" means a person to whom the Washington supreme court has granted a limited authorization to practice law but who practices law outside that authorization, and a person who is not an active member in good standing of the state bar, including persons who are disbarred or suspended from membership;

(c) "Ownership interest" means the right to control the affairs of a business, or the right to share in the profits of a business, and includes a loan to the business when the interest on the loan is based upon the income of the business or the loan carries more than a commercially reasonable rate of interest.

(2) The following constitutes unlawful practice of law:

(a) A nonlawyer practices law, or holds himself or herself out as entitled to practice law;

(b) A legal provider holds an investment or ownership interest in a business primarily engaged in the practice of law, knowing that a nonlawyer holds an investment or ownership interest in the business;

(c) A nonlawyer knowingly holds an investment or ownership interest in a business primarily engaged in the practice of law;

(d) A legal provider works for a business that is primarily engaged in the practice of law, knowing that a nonlawyer holds an investment or ownership interest in the business; or

(e) A nonlawyer shares legal fees with a legal provider.

(3) Unlawful practice of law is a crime. A single violation of this section is a gross misdemeanor. Each subsequent violation, whether alleged in the same or in subsequent prosecutions, is a class C felony.

(4) Nothing contained in this section affects the power of the courts to grant injunctive or other equitable relief or to punish as for contempt.

(5) Whenever a legal provider or a person licensed by the state in a business or profession is convicted, enjoined, or found liable for damages or a civil penalty or other equitable relief under this section, the plaintiff's attorney shall provide written notification of the judgment to the appropriate regulatory or disciplinary body or agency.

(6) A violation of this section is cause for discipline and constitutes unprofessional conduct that could result in any regulatory penalty provided by law, including refusal, revocation, or suspension of a business or professional license, or right or admission to practice. Conduct that constitutes a violation of this section is unprofessional conduct in violation of RCW 18.130.180.

(7) In a proceeding under this section it is a defense if proven by the defendant by a preponderance of the evidence that, at the time of the offense, the conduct alleged was authorized by the rules of professional conduct or the admission to practice rules, or Washington business and professions licensing statutes or rules.

(8) Independent of authority granted to the attorney general, the prosecuting attorney may petition the superior court for an injunction against a person who has violated this chapter. Remedies in an injunctive action brought by a prosecuting attorney are limited to an order enjoining, restraining, or preventing the doing of any act or practice that constitutes a violation of this chapter and imposing a civil penalty of up to five thousand dollars for each violation. The prevailing party in the action may, in the discretion of the court, recover its reasonable investigative costs and the costs of the action including a reasonable attorney's fee. The degree of proof required in an action brought under this subsection is a preponderance of the evidence. An action under this subsection must be brought within three years after the violation of this chapter occurred.

' 2.48.190. Qualifications on admission to practice.

No person shall be permitted to practice as an attorney or counselor at law or to do work of a legal nature for compensation, or to represent himself or herself as an attorney or counselor at law or qualified to do work of a legal nature, unless he or she is a citizen of the United States and a bona fide resident of this state and has been admitted to practice law in this state: PROVIDED, That any person may appear and conduct his or her own case in any action or proceeding brought by or against him or her, or may appear in his or her own behalf in the small claims department of the district court: AND PROVIDED FURTHER, That an attorney of another state may appear as counselor in a court of this state without admission, upon satisfying the court that his or her state grants the same right to attorneys of this state.

Washington Rules

Washington Admission to Practice Rules

RULE 8. Special Admissions.

(a) In General. Lawyers admitted to the practice of law in any state or territory of the United States or the District of Columbia, who do not meet the requirements of rule 1(b), may engage in the practice of law in this state only as provided in this rule.

(b) Exception for Particular Action or Proceeding. A member in good standing of the Bar of any other state or territory of the United States or of the District of Columbia, who is a resident of and maintains a practice in such other state, territory, or District, may appear as a lawyer in the trial of any action or proceeding only (i) with the permission of the court or tribunal in which the action or proceeding is pending, and (ii) in association with an active member of the Bar Association, who shall be the lawyer of record therein, responsible for the conduct thereof, and present at all proceedings. (1) An application to appear as such a lawyer shall be made to the court or tribunal before whom the action or proceeding is pending. The application shall be heard by the court or tribunal after such notice to the adverse parties as the court or tribunal shall direct. The court or tribunal shall enter an order granting or refusing the application, and, if the application is refused, the court shall state its reasons. (2) No member of the Bar Association shall lend his or her name for the purpose of, or in any way assist in, avoiding the effect of this rule.

(c) Exception for Indigent Representation. A member in good standing of the Bar of another state or territory of the United States or of the District of Columbia, who is eligible to take the bar examination in this state, while rendering service in either a bar association or governmentally sponsored legal services organization or in a public defenders office or similar program providing legal services to indigents and only in that capacity, may, upon application and approval, practice law and appear as a lawyer before the courts of this state in any matter, litigation, or administrative proceeding, subject to the following conditions and limitations: (1) Application to practice under this rule shall be made to the Board of Governors, and the applicant shall be subject to the Rules for Lawyer Discipline and to the Rules of Professional Conduct. (2) In any such matter, litigation, or administrative proceeding, the applicant shall be associated with an active member of the Bar Association, who shall be the lawyer of record and responsible for the conduct of the matter, litigation, or administrative proceeding. (3) The applicant shall apply for and take the first bar examination which is given more than 90 days after the date of the applicants admission to practice under this rule. (4) The applicants right to practice under this rule (i) may be terminated by the Supreme Court at any time with or without cause, or (ii) shall be terminated automatically for failure to take or pass the required bar examination, or (iii) shall be terminated for failure to become an active member of the Bar Association within 60 days of the date the bar examination results are made public, or (iv) in any event, shall be terminated within 1 year from the original date of the applicants admission to practice law in this state under this rule.

(d) Exception for Educational Purposes. A lawyer who is enrolled and in good standing as a postgraduate student or as a faculty member in a program of an approved law school in this state, involving clinical work in the courts or in the practice of law, may apply to the Board of Governors for admission to the limited practice of law by paying an investigation fee and by presenting satisfactory proof of (i) admission to the practice of law and current good standing in any state or territory of the United States or the District of Columbia, and (ii) compliance with the requirements of rule 3(b)(1), and (iii) good moral character. (1) Upon approval of the application by the Board of Governors, the applicant shall take the Oath of Attorney, and the Board of Governors shall transmit its recommendation to the Supreme Court which shall enter an order admitting the applicant to the limited practice of law under this section. (2) The practice of an applicant admitted under this section shall be (i) limited to the period of time the applicant actively participates in the program, (ii) limited to the clinical work of the particular course of study in which the applicant is enrolled or teaching, (iii) free of charge for the services so rendered, and (iv) subject to the Rules of Professional Conduct and the Rules for Lawyer Discipline. (3) An applicant admitted under this section shall be deemed an active member of the Bar Association only for the purpose of serving as a supervising lawyer under rule 9, and for no other purpose. (4) When the applicant ceases actively to participate in the program, the law school dean shall immediately notify the Bar Association and the Clerk of the Supreme Court so that the applicants right to practice may be terminated of record.

(e) Exception for Emeritus Membership. A lawyer admitted to the practice of law in a state or territory of the United States or the District of Columbia, including Washington State, may apply to the Board of Governors for a limited license to practice law as an emeritus member in this state when the lawyer is otherwise fully retired from the practice of law. An emeritus member shall provide legal services for a qualified legal services provider as defined in part (2) below. The lawyer shall apply by (I) filing an application in the form and manner that may be prescribed by the Board of Governors; (ii) presenting satisfactory proof of admission by examination to the practice of law and current good standing in any state or territory of the United States or the District of Columbia, provided that if a disciplinary sanction has been imposed upon the lawyer within 15 years immediately preceding the filing of the application for emeritus status, the Board of Governors shall have the discretion to accept or reject the application; (iii) presenting satisfactory proof of active legal experience as defined in APR 3(b) for at least 5 of the 10 years immediately preceding the filing of the application for lawyers admitted in Washington and for at least 10 of the 15 years immediately preceding the filing of the application for lawyers only admitted to practice in jurisdictions other than Washington; (iv) filing certification from a qualified legal services provider as defined in part (2) below that the applicant's practice of law will comply with the terms of this rule; (v) paying such fee as may be set by the Board of Governors with approval of the Supreme Court; (vi) complying with training requirements as may be prescribed by the Board of Governors; and (vii) furnishing whatever additional information or proof that may be required in the course of investigating the applicant. (1) Upon approval of the application by the Board of Governors, the lawyer shall take the Oath of Attorney, pay the current year's annual membership fee in the amount required of inactive members, and the Board of Governors shall transmit its recommendation to the Supreme Court which may enter an order admitting the lawyer to the limited practice of law under this section. Emeritus status shall be for one year subject to annual renewal as provided by the Board of Governors. (2) The practice of a lawyer admitted under this section shall be limited to providing legal service for no fee through a qualified legal services provider; or serving as an unpaid governing or advisory board member or trustee of or providing legal counsel or service for no fee to a qualified legal services provider. A qualified legal services provider is a not-for-profit legal services organization whose primary purpose is to provide legal services to low income clients. The prohibition against compensation for emeritus members shall not prevent a qualified legal services provider from reimbursing an emeritus member for actual expenses incurred while rendering legal services under this rule. A qualified legal services provider shall be entitled to receive all court awarded attorney's fees for any representation rendered by the emeritus member. (3) A lawyer admitted under this section shall pay to the Washington State Bar Association an annual license fee in the amount required of inactive members. (4) The practice of a lawyer admitted under this section shall be subject to the Rules of Professional Conduct, the Rules for Lawyer Discipline, and to all other laws and rules governing lawyers admitted to the bar of this state. Jurisdiction shall continue whether or not the lawyer retains the limited license and irrespective of the residence of the lawyer. (5) Emeritus members shall be exempt from compliance with rule 11 concerning Continuing Legal Education. However, prior to engaging in practice as an emeritus member, the lawyer must complete a training course or courses as approved by the Board of Governors. (6) An emeritus member shall promptly report to the Washington State Bar Association a change in membership status in a state or territory of the United States or District of Columbia where the applicant has been admitted to the practice of law or the commencement of any formal disciplinary proceeding in any jurisdiction where the lawyer has been admitted to the practice of law. (7) The limited license granted under this section shall be automatically terminated when the lawyer's practice fails to comply with part (2) above, the lawyer fails to comply with the terms of this rule, or on suspension or disbarment in a state or territory of the United States or District of Columbia where the applicant has been admitted to the practice of law. If the lawyer whose limited license is terminated was previously admitted to practice in Washington, the lawyer shall be transferred to inactive membership status upon termination.

(f) Exception for House Counsel. A lawyer admitted to the practice of law in a state or territory of the United States or the District of Columbia may apply to the Board of Governors for a limited license to practice law as in-house counsel in this state when the lawyer is employed in Washington as a lawyer exclusively for a profit or not for profit corporation, including its subsidiaries and affiliates, association, or other business entity, that is not a government entity, and whose lawful business consists of activities other than the practice of law or the provision of legal services. The lawyer shall apply by (I) filing an application in the form and manner that may be prescribed by the Board of Governors, (ii) presenting satisfactory proof of (I) admission by examination to the practice of law and current good standing in a state of territory of the United States or the District of Columbia and (II) good moral character, (iii) filing an affidavit from an officer, director, or general counsel of the applicant's employer in this state attesting to the fact the applicant is employed as a lawyer for the employer, including its subsidiaries and affiliates, and the nature of the employment conforms to the requirements of this rule, (iv) paying such fee as may be set by the Board of Governors with approval of the Supreme Court, and (v) furnishing whatever additional information or proof that may be required in the course of investigating the applicant. The lawyer must also pass the Professional Responsibility portion of the Washington bar examination. (1) Upon approval of the application by the Board of Governors, the lawyer shall take the Oath of Attorney, pay the current year's annual membership fee in the amount required of inactive members, and the Board of Governors shall transmit its recommendation to the Supreme Court which may enter an order admitting the lawyer to the limited practice of law under this section. (2) The practice of a lawyer admitted under this section shall be limited to practice exclusively for the employer, including its subsidiaries and affiliates, furnishing the affidavit required by this rule and shall not include (I) appearing before a court or tribunal as a person admitted to practice law in this state, except in association with an active member of the Washington State Bar Association who shall be the lawyer of record therein, responsible for the conduct thereof and Present at all proceedings, (ii) offering legal services or advice to the public or (iii) holding oneself out to be so engaged or authorized (3) All business cards and employer letterhead used by a lawyer admitted under this section shall state clearly that the lawyer is admitted to practice in Washington as in-house counsel. (4) A lawyer admitted under this section shall pay to the Washington State Bar Association an annual license fee in the maximum amount required of active members. (5) The practice of a lawyer admitted under this section shall be subject to the Rules of Professional Conduct, the Rules for Lawyer Discipline, and to all other laws and rules governing lawyers admitted to the active practice of law in this state. Jurisdiction shall continue whether or not the lawyer retains the limited license and irrespective of the residence of the lawyer. (6) The lawyer shall promptly report to the Washington State Bar Association a change in employment, a change in membership status in a state or territory of the United States or District of Columbia where the applicant has been admitted to the practice of law or the commencement of any formal disciplinary proceeding in a state or territory of the United States or District of Columbia where the applicant has been admitted to the practice of law. (7) The limited license granted under this section shall be automatically terminated when employment by the employer furnishing the affidavit required by this rule is terminated, the lawyer has been admitted to the practice of law pursuant to any other provision of the APR, the lawyer fails to comply with the terms of this rule, the lawyer fails to maintain current good standing in at least one state or territory of the United States or District of Columbia where the lawyer has been admitted to the practice of law upon passing the bar exam, or on suspension or disbarment for discipline in a state or territory of the United States or District of Columbia where the lawyer has been admitted to the practice of law. If a lawyer's employment is terminated but the lawyer, within three months from the last day of employment is employed by an employer filing the affidavit required by e(iii), the license shall be reinstated.

WEST VIRGINIA

West Virginia Statutes

West Virginia Code

' 30-2-4. Practice without license or oath; penalty; qualification after institution of suits.

It shall be unlawful for any natural person to practice or appear as an attorney at law for another in a court of record in this state, or to make it a business to solicit employment for any attorney, or to furnish an attorney or counsel to render legal services, or to hold himself out to the public as being entitled to practice law, or in any other manner to assume, use, or advertise the title of lawyer, or attorney and counselor at law, or counselor, or attorney and counselor, or equivalent terms in any language, in such manner as to convey the impression that he is a legal practitioner of law, or in any manner to advertise that he, either alone or together with other persons, has, owns, conducts or maintains a law office, without first having been duly and regularly licensed and admitted to practice law in a court of record of this state, and without having subscribed and taken the oath required by the next preceding section. Any person violating the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars; but this penalty shall not be incurred by any attorney who institutes suits in the circuit courts after obtaining a license, if he shall qualify at the first term thereafter of a circuit court of any county of the circuit in which he resides.

West Virginia Rules

WISCONSIN

Wisconsin Statutes

Wisconsin Statutes

' 757.30. Penalty for practicing without license.

(1) Every person, who without having first obtained a license to practice law as an attorney of a court of record in this state, as provided by law, practices law within the meaning of sub. (2), or purports to be licensed to practice law as an attorney within the meaning of sub. (3), shall be fined not less than $50 nor more than $500 or imprisoned not more than one year in the county jail or both, and in addition may be punished as for a contempt. (2) Every person who appears as agent, representative or attorney, for or on behalf of any other person, or any firm, partnership, association or corporation in any action or proceeding in or before any court of record, court commissioner, or judicial tribunal of the United States, or of any state, or who otherwise, in or out of court, for compensation or pecuniary reward gives professional legal advice not incidental to his or her usual or ordinary business, or renders any legal service for any other person, or any firm, partnership, association or corporation, shall be deemed to be practicing law within the meaning of this section. (3) Every person who uses the words attorney at law, lawyer, solicitor, counselor, attorney and counselor, proctor, law, law office, or other equivalent words in connection with his or her name or any sign, advertisement, business card, letterhead, circular, notice, or other writing, document or design, the evident purpose of which is to induce others to believe or understand the person to be authorized to practice law or who in any other manner represents himself or herself either verbally or in writing, directly or indirectly, as authorized to practice law in this state, shall be deemed to be purporting to be licensed to practice law as an attorney within the meaning of this section. (4) No person shall practice law in this state under any other given name or any other surname than that under which originally admitted to the bar of this or any other state, in any instance in which the board of bar examiners shall, after a hearing, find that practicing under the changed name operates to unfairly compete with another practitioner or to mislead the public as to identity or to otherwise result in detriment to the profession or the public. Any person violating this subsection shall be subject to the penalty provided in sub. (1). This subsection does not apply to a change of name resulting from marriage or divorce.

Wisconsin Rules

Wisconsin Supreme Court Rules

SCR 10.03. Membership.

. . .

 

(4) Only active members may practice law. No individual other than an enrolled active member of the state bar may practice law in this state or in any manner purport to be authorized or qualified to practice law. A judge in this state may allow a nonresident counsel to appear in his or her court and participate in a particular action or proceeding in association with an active member of the state bar of Wisconsin who appears and participates in the action or proceeding. Permission to the nonresident lawyer may be withdrawn by the judge granting it if the lawyer by his or her conduct manifests incompetency to represent a client in a Wisconsin court or by his or her unwillingness to abide by the rules of professional conduct for attorneys and the rules of decorum of the court.

WYOMING

Wyoming Statutes

Wyoming Statutes

' 33-5-111. Foreign attorneys admitted without examination to try pending case.

Members of the bar of any other state, district or territory of the United States, who may be employed as counsel in any case pending before any of the courts of this state, may be admitted for all the purposes of the case in which they are so employed, by the court before which said case is pending, without examination.

' 33-5-117. Unauthorized practice.

It shall be unlawful, and punishable as contempt of court, for any person not a member of the Wyoming state bar to hold himself out or advertise by whatsoever means as an attorney or counselor-at-law.

Wyoming Rules

Rules and Procedures Governing the Admission to the Practice of Law

Rule 303. Definitions of the Active, Authorized Practice of Law.

(a) For purposes of this section, the "active, authorized practice of law" shall refer to the following sectors of practice:(1) As a significant and primary occupation, serving as an attorney for fees or payment from one or more clients, including individuals, legal service programs, trusts, partnerships and non-governmental corporations; (2) Serving as an attorney in governmental employment in the law offices of the executive, legislative or judicial departments of the United States, including the independent agencies thereof, or of any state, political subdivision of the state, territory, special district or municipality of the United States, provided that graduation from an ABA-accredited law school is a required qualification of such employment; (3) Teaching, as a full-time faculty member, a law course or courses at one or more ABA-accredited law schools in the United States, its territories or districts; (4) Serving as a judge in a court of the United States, a court of record of a state, territory or district of the United States, provided such employment is available only to licensed attorneys who have graduated from an ABA-accredited law school.

(b) For the purposes of this section, the "active, authorized practice of law" shall consist of the following primary duties: (1) Furnishing legal counsel; (2) Drafting legal documents and pleadings; (3) Interpreting and giving advice regarding the law and legal issues; and (4) Preparing, trying or presenting cases before courts, departments of government, bureaus or administrative agencies.

(c) Each applicant for admission under this rule shall establish to the satisfaction of the Board that the applicant has engaged in the active, authorized practice of law for five of the seven years immediately preceding the date of application.

Rules of the Supreme Court of Wyoming Providing for the Organization and Government of the Bar Association and Attorneys at Law of the State of Wyoming

Rule 11. Attorney's right to practice law.

(a) "Practice of law" means advising others and taking action for them matters connected with law. It includes preparation of legal instruments and acting or proceeding for another before judges, courts, tribunals, commissioners, boards or other governmental agencies.

(b) Only active members of the Wyoming State Bar shall engage in the practice of law within this state, except that:

(1) Members of the bar of any other state, district or territory of the United States may be admitted to practice with reference to a specific case (see W.S. 33-5-11(1977)), but they shall not be permitted to enter their appearance in, prosecute or defend, any action pending in any court or before any tribunal, commission, board or other governmental agency of the state, unless they shall have associated with them in such action or proceeding an active member of the Wyoming State Bar. The member of the Wyoming State Bar shall be present during the trial and all hearings in the case;

(2) Any person may act pro se in a matter in which that person is a party.

(c) The admission of a lawyer to practice law within the State of Wyoming, whether as an active member of the Wyoming State Bar or admitted pursuant to Rule 11(b)(1) hereof and W.S. 33-5-111, and who is an owner or employee of a law firm organized outside the State of Wyoming shall subject the out-of-state law firm to liability for professional conduct for work performed as a consequence of that admission to practice law within the state of Wyoming as if the law firm were organized pursuant to these rules, regardless of the rules of liability of the state in which the out-of-state law firm is established.

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