Proposed Multijurisdictional Practice Rule as approved by Kansas Bar Association Board of Governors

April 19, 2002

RULE 5.5 Unauthorized Practice of Law

(a) A lawyer shall not:

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

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

(b) A lawyer admitted to practice in another jurisdiction, but not in this state, does not engage in the unauthorized practice of law in this state when:

(1) the lawyer is authorized to appear before a tribunal in this state by law or order of the tribunal or is preparing for a proceeding in which the lawyer reasonably expects to be so authorized;

(2) the lawyer participates in this state in investigation or discovery incident to litigation or alternative dispute resolution in which the lawyer is representing a party in a jurisdiction in which he or she is licensed;

(3) the lawyer is performing services which may lawfully be performed by a person who is not a lawyer or does not hold a law license or other authorization from a state or local governmental body;

(4) the lawyer is acting as an arbitrator, mediator or impartial third party in an alternative dispute resolution proceeding;

(5) the lawyer is an employee of a client and, in connection with the client’s matters, is acting on behalf of the client, the client’s other employees or its commonly owned organizational affiliates, but not on behalf of third parties, incident to work being performed in a jurisdiction in which the lawyer is licensed to practice or which is carried out on an occasional basis and not as a regular course of practice in this state;

(6) the lawyer is acting with respect to a matter, including alternative dispute resolution, incident to work being performed in a jurisdiction in which the lawyer is licensed to practice and which is carried out on an occasional basis and not as a regular course of practice in this state; or

(7) the lawyer is associated in a particular matter with a lawyer admitted to practice in this state and is performing work on such matter on an occasional basis and not as a regular course of practice in this state.

(c) A lawyer providing services as provided herein shall be governed by and shall comply with applicable rules of any tribunal concerning pro hac vice admission.

(d) A lawyer providing services as provided herein shall be governed, controlled and may be disciplined by and subject to such statutes and rules of the lawyer’s jurisdictions of admission and the jurisdiction where services are delivered.