cbaReport-July13 - page 6

6
l
July 2013 CBA REPORT
cover article
meet certain requirements of the host
state’s bar before practicing before those
courts.
13
Many district courts permit
anyone licensed in any other state, or
sometimes anyone admitted perma-
nently in any other district court in that
state, to seek PHV admission.
14
Some
district courts also offer admission reci-
procity with nearby districts, such as the
Northern District of Ohio, which waives
most of the requirements for permanent
admission for attorneys admitted in the
Southern District.
15
Some federal courts
require local counsel, but others do not.
16
Federal courts normally require that
visiting lawyers also register for case
management/electronic case files in con-
junction with PHV admission.
17
When PHV Admission Is Not
Necessary:ABA Model Rule 5.5:
In those instances when appear-
ance before a court is not required,
the services an out-of-state lawyer can
provide within a certain jurisdiction
are usually governed by the ethics rules
regulating the professional conduct of
lawyers adopted by that state’s Supreme
Court or bar. Always consider whether
or not your activity in the foreign state
qualifies as “practicing law” under that
state’s rules. The definition of the practice
of law varies from one jurisdiction to
another. Examples of activities that may
not obviously fall under the definition,
but that many states consider practicing
law are: compliance reviews, investiga-
tions, transactions, closings, meetings,
and training. Don’t risk your license —
when in doubt, check with the state bar
or licensing entity in the host state before
you go.
Traditionally, most states have based
their rules for regulation of lawyers
at least in part on the American Bar
Association’s Model Rules of Profes-
sional Conduct. ABA Model Rule 5.5
(“Unauthorized Practice of Law; Multi-
jurisdictional Practice of Law”) generally
prohibits a lawyer from practicing law or
soliciting legal business in a jurisdiction
in which that lawyer is not admitted.
18
The rule contains the following excep-
tions allowing out-of-state, unlicensed
legal work:
• Representation on a temporary basis
undertaken with local counsel who
actively participates in the matter;
• Activity related to a case or matter
pending before a tribunal in which
the out-of-state lawyer is licensed to
practice or admitted PHV;
• Alternative dispute resolution
(arbitration, mediation, settlement
discussions, etc.) where admission
PHV is not required;
• Non-litigation matters related to the
lawyer’s practice in the state where
he or she is admitted;
• Representation by client-employee
lawyers (in-house counsel); and
• Services that the lawyer is autho-
rized by federal or other law or rule
to provide in the jurisdiction.
19
In a state that has adopted Model
Rule 5.5, when your activity falls within
one of the exceptions, you will usually
not need to seek PHV admission, and
can ethically undertake the representa-
tion in the other state. Understanding
the exceptions and knowing where to
find the appropriate rule can save you
and your client a great deal of time and
administrative expense. According to the
ABA, thirteen states, including Indiana
Todd Bailey, Bea Larsen, Jerry Lawson, Bob Kaiser, Mike Kaufman, Lori Ross
We ARE Mediation
(513) 721-4466
cfrdmediation.com
call to discuss your referral
Todd Bailey
Jerry Lawson
Mike Kaufman
Bea Larsen
Bob Kaiser
Lori Ross
1,2,3,4,5 7,8,9,10,11,12,13,14,15,16,...36
Powered by FlippingBook