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.
(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:
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(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: |
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(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. |
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(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.
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(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 a