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Materials on Licensing Issues Affecting Lawyers Displaced By Hurricane Katrina and Those Offering Pro Bono Legal Services

(Last updated January 24, 2006)

American Bar Association
Letter dated September 9, 2005 from President Michael S. Greco to Chief Justice Randall T. Shepard, President, Conference of Chief Justices regarding recommendations for temporary licensing and bar admissions. http://www.abanet.org/cpr/Chief_Justice_Letter.pdf

ABA Commission on Multijurisdictional Practice
http://www.abanet.org/cpr/mjp/home.html


Alabama
Hurricane Katrina Relief - Supreme Court Order Regarding Displaced Attorneys, dated September 12, 2005
http://www.alabar.org/katrina/docs/sco.pdf


Arizona
On September 12, 2005, the Arizona Supreme Court posted an Administrative Order aimed at assisting lawyers displaced by Hurricane Katrina.
http://supreme.state.az.us/orders/admorder/orders05/2005-63corr.pdf


Arkansas
Emergency Order Permitting Lawyers Displaced By Hurricane Katrina To Continue Representing Clients From Temporary Offices In Arkansas, dated September 9, 2005.
http://courts.state.ar.us/opinions/2005b/20050909/05-973.html


California
On November 10, 2005 the California Supreme Court approved an order to permit lawyers displaced by Hurricanes Katrina and Rita to practice law from a California location as if they were working in their home state. http://www.abanet.org/cpr/CaliforniaOrder.pdf


District of Columbia
On September 20, 2005 the District of Columbia Court of Appeals entered an Order providing that a lawyer who is an active member in good standing of the Bar of the highest court of Louisiana, Mississippi, or Alabama, and who has been displaced from the lawyer's home jurisdiction due to Hurricane Katrina, is permitted to practice law until February 28, 2006, from a location in the District of Columbia as if the lawyer were located in the lawyer's home jurisdiction. See, http://www.abanet.org/katrina/


Florida
On September 14, 2005 the Florida Supreme Court entered an order that will permit lawyers from areas devastated by Hurricane Katrina to provide limited legal services in Florida to their displaced clients. The order was a result of an emergency motion filed by The Florida Bar that changed the effective date of certain rule amendments that would have been effective January 1, 2006, regarding the multijurisdictional practice of law.

Due to the exigent circumstances created by Hurricane Katrina, The Florida Bar provided the following information to assist displaced lawyers licensed in jurisdictions other than Florida who may seek information on temporary or permanent practice in Florida, and to Florida Bar members, who seek to help their fellow lawyers.
http://www.floridabar.org/tfb/TFBLawReg.nsf/9dad7bbda218afe885257002004833c5/be2feb5cefe943a38525707c004ef122?OpenDocument


Georgia
Letter dated September 13, 2005 from the Honorable Leah Ward Sears, Chief Justice of the Supreme Court of Georgia, to the Chief Justices of Alabama, Louisiana and Mississippi regarding adoption of reciprocal admission by motion. See, http://www.abanet.org/katrina/

State Bar Building Available for Attorneys Displaced by Hurricane Katrina
http://www.gabar.org/news/state_bar_building_available_for_attorneys_displaced_by_hurricanekatrina/

Ethics FAQ's for Lawyers in Response to Hurricane Katrina
http://www.gabar.org/news/ethics_faqs_for_lawyers_in_response_to_hurricane_katrina/


Hawaii
Order authorizing temporary practice in the State of Hawai'i (September 22, 2005 through March 31, 2006). http://www.courts.state.hi.us/page_server/LegalReferences/271A7DD039E757A8EAE7AD4B72.html


Indiana
Supreme Court Acts To Assist Lawyers Displaced By Katrina
http://www.in.gov/judiciary/press/2005/0909.html

In Re Emergency Bar Admissions For Lawyers Displaced Due To Hurricane Katrina, Supreme Court No. 94S00-0509-MS-403, dated September 9, 2005. See, http://www.abanet.org/katrina/


Louisiana
On January 20, 2006 the Louisiana Supreme Court issued a Supplemental Emergency Pro Bono Civil Legal Assistance Rule to allow out-of-state lawyers to provide pro bono legal services to hurricane victims under the supervision of six or seven in-state legal services/pro bono providers.
http://www.abanet.org/cpr/Louisiana_Order.pdf

On October 19, 2005 Governor Kathleen Babineaux Blanco has signed Executive Order No. KBB 2005-67 which lifts the suspension on deadlines in legal proceedings in all areas of the state effective Tuesday, October 25, 2005 with the exception of parishes most affected by Hurricane Rita which are Calcasieu, Cameron, Jefferson Davis and Vermilion parish. Other than deadlines related to the assertion of certain legal claims and deadlines in legal proceedings in the above parishes, beginning Tuesday, October 25, 2005, legal matters will resume their normal course of action. http://www.gov.state.la.us/assets/docs/Executive_Orders/67exe2ndAmend-KBB2005-32-LegalDeadlines.pdf

On October 10, 2005 the Louisiana Supreme Court entered an Order approving a rule that allows non-admitted lawyers limited authority to provide pro bono civil legal assistance in Louisiana. The rule, in force through February 28, 2006, limits lawyers to handling civil issues arising out of Hurricanes Katrina and Rita. The rule also lists specific application procedures. For the full court order, go to http://www.lsba.org/home1/SCO10112005.pdf

On October 3, 2005 the Louisiana Supreme Court issued an Order allowing judges in Louisiana trial and appellate courts to lift or shorten the legal deadlines suspension outlined in Gov. Kathleen Blanco's executive orders KBB 2005-32 and KBB 2005-48. The Order outlines specific procedures for judges, as well as offers a means for private parties to request shortening or lifting the suspension. http://www.lsba.org/home1/SC3886_001.pdf

New Public Ethics Advisory Opinion - 05-RPCC-005: Lawyers Providing 'Hotline' Advice in the Wake of a Natural Disaster, dated September 27, 2005.
http://www.lsba.org/home1/05-005RPCC.pdf

On September 23, 2005, Louisiana Governor Kathleen Babineaux Blanco signed Executive Order KBB 2005-48 which extends Executive Order No. HBB-32 until October 25, 2005. This Order suspends all deadlines in legal proceedings, including liberative prescriptive and preemptive periods in all courts, administrative agencies and boards.
http://www.gov.state.la.us/2005%20Executive%20orders/48execAmend-KBB2005-32-Prescription-Peremption.pdf

Emergency Disaster Training Manual for Louisiana Lawyers
http://www.lsba.org/home1/trainingmanual.asp

Louisiana Legal Services and Pro Bono Desk Manual 2001
http://law.loyno.edu/gillislong/deskbook.html

Database of Louisiana Lawyers Displaced by Hurricane Katrina
http://www.ladb.org/

Loyola University New Orleans Gillis Long Poverty Law Center wants you to know that the 2005 Louisiana Legal Services and Pro Bono Desk Manual is now available for download or online viewing at http://law.loyno.edu/probono/clinic/manual.pdf. This handbook is a guide for practitioners seeking to understand practical points of Louisiana poverty law. Note that this is a large file (42MB) and will take time to download. As time and technology permit, it will be divided into different sections by chapter to facilitate downloading.


Maryland
On September 30, 2005, the Maryland Court of Appeals Court entered an Order that allows lawyers temporarily displaced by Hurricane Katrina to practice law in Maryland. The Order is effective September 29, 2005.
http://www.courts.state.md.us/pr9-30-05.html


Massachusetts
On October 6, 2005, to assist attorneys who have been displaced by Hurricane Katrina, the Justices of the Supreme Judicial Court entered an Order temporarily modifying the rules governing the practice of law in the Commonwealth. After consulting with those involved with the bar admissions process, the Justices issued an order that allows attorneys who have been admitted to practice in the highest courts of law in Alabama, Louisiana or Mississippi, to temporarily practice in Massachusetts subject to certain conditions. The temporary authorization is effective until September 1, 2006, unless otherwise ordered by the Court.
http://www.mass.gov/courts/press/katrinaorder.pdf


Mississippi
On October 13, 2005 the Mississippi Supreme Court entered an order granting the Mississippi Bar's Petition to Permit Attorneys not Licensed to Practice Law in Mississippi to Provide Emergency Pro Bono Legal Assistance through the Mississippi Volunteer Lawyers Project.
http://www.mssc.state.ms.us/news/sn127311.pdf

Mississippi Supreme Court Grants Limited Authority For Non-Licensed Attorney To Provide Pro Bono Disaster Legal Assistance - September 9, 2005
http://www.mssc.state.ms.us/news/126579.pdf


Missouri
On September 20, 2005 the Missouri Supreme Court entered an order providing that lawyers who are admitted to practice law in the states of Alabama, Louisiana, and Mississippi and have been displaced by Hurricane Katrina may apply to the Missouri Board of Law Examiners for a temporary waiver of the Rule 8 provisions relating to admission to The Missouri Bar. In addition, Rule 4-5.5(c), [MJP], effective January 1, 2006, shall be effective immediately for such lawyers. http://www.courts.mo.gov/sup/index.nsf/d45a7635d4bfdb8f8625662000632638/5f345dd58bbfa8a68625708200540ec1?OpenDocument


Nevada
On Monday, Sept. 26, 2005 the Nevada Supreme Court issued an order permitting lawyers displaced by Hurricane Katrina to continue the practice of law from temporary offices in Nevada for the next six months. http://www.nvsupremecourt.us/DOCS/misc/order_adkt389.pdf


Ohio
Supreme Court Announces Temporary Admission to Practice for Lawyers Displaced by Hurricane Katrina - September 15, 2005
http://www.sconet.state.oh.us/Atty_Reg/katrinaOrder_091505.pdf


Pennsylvania
On September 19, 2005 the Pennsylvania Supreme Court entered an Order that allows lawyers displaced from Alabama, Louisiana and Mississippi to engage in limited practice relating to matters arising in their home state, for a period of nine months. http://www.aopc.org/OpPosting/Supreme/out/377spct.1.pdf


Rhode Island
On October 17, 2005 the Rhode Island Supreme Court entered an Order relaxing the rules for admission pro hac vice and for admission to practice law by examination for lawyers displaced by Hurricane Katrina.
http://www.courts.state.ri.us/supreme/pdf-files/katrina-order.pdf


South Carolina
On September 13, 2005 the South Carolina Supreme Court issued an order relaxing rules for admission pro hac vice and for admission to the practice of law in the state of South Carolina for displaced lawyers admitted to practice in Alabama, Louisiana and Mississippi. www.sccourts.org/whatsnew/displaywhatsnew.cfm?indexID=286


Tennessee
On October 5, 2005 the Tennessee Supreme Court entered an Order allowing the petition filed by the Tennessee Bar Association to permit lawyers in good standing from Alabama, Louisiana and Mississippi who were displaced by Hurricane Katrina to practice law on a temporary, emergency basis in Tennessee in order that their client's interests be maintained. http://www.tba.org/Katrina/courtorder_10_05_05.html


Texas
On October 11, 2005 the Texas Supreme Court amended its previous Order of September 30th regarding displaced lawyers to include lawyers who are retained by a legal services program funded by the Texas Equal Access to Justice Foundation and who, though not displaced from their home jurisdiction due to Hurricanes Katrina or Rita, otherwise meet the requirements of the Order, are allowed to practice law through the legal services provider. http://www.texasbar.com/Template.cfm?Section=Home&CONTENTID=13207&TEMPLATE=/ContentManagement/ContentDisplay.cfm

On September 30, 2005 the Texas Supreme Court ordered an extension of an emergency provision allowing lawyers who are now located in Texas to practice law as though they were in their home states until May 31, 2006, if they register with the State Bar of Texas by November7, 2005. http://www.texasbar.com/Template.cfm?Section=Home&CONTENTID=13090&TEMPLATE=/ContentManagement/ContentDisplay.cfm

On September 26, 2005 the Texas Supreme Court issued an order and per curiam opinion providing for extending deadlines because of courthouse closures and other effects from Hurricane Rita.
http://www.texasbar.com/Template.cfm?Section=Home&CONTENTID=13043&TEMPLATE=/ContentManagement/ContentDisplay.cfm

Texas Supreme Court Clears Hurdles to Assist Clients of Displaced Lawyers in Hurricane Katrina's Aftermath - September 2, 2005
http://www.texasbar.com/Template.cfm?Section=Press_Releases&Template=/ContentManagement/ContentDisplay.cfm&ContentID=12646

Texas Resource Materials for Responding to Legal Questions From Those Displaced By Hurricane Katrina
http://www.texasbar.com/Template.cfm?Section=Home&Template=/ContentManagement/ContentDisplay.cfm&ContentID=12850


United States Patent and Trademark Office
Ethics FAQ's for Practitioners in Response to Hurricane Katrina (Office of Enrollment and Discipline, United States Patent and Trademark Office) http://www.uspto.gov/emergencyalerts/hurricane-katrinafaq.html


Copyright © 2005 American Bar Association. All rights reserved. Nothing contained in this document is to be considered the rendering of legal advice. The document is intended for educational and informational purposes only. We make every attempt to keep this document as accurate as possible. If you are aware of any inaccuracies, please send your corrections or additions and the source of that information to John Holtaway, (312) 988-5298, jholtaway@staff.abanet.org

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