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house of delegates resolutions
105E
ADOPTED

Amends the ABA Model Rule for Admission by Motion

RESOLVED,  That the _ amends the ABA Model Rule for Admission by Motion, dated August 2012, as follows (additions underlined, deletions struck through):

ABA Model Rule on Admission by Motion

1.   An applicant who meets the requirements of (a) through (g) of this Rule may, upon motion, be admitted to the practice of law in this jurisdiction. The applicant shall:

(a)    have been admitted to practice law in another state, territory, or the District of Columbia;

(b)   hold a J.D. or LL.B. degree from a law school approved by the Council of the Section of Legal Education and Admissions to the Bar of the _ at the time the applicant matriculated or graduated;

(c)    have been primarily engaged in the active practice of law in one or more states, territories or the District of Columbia for five three of the seven five years immediately preceding the date upon which the application is filed;

(d)   establish that the applicant is currently a member in good standing in all jurisdictions where admitted;

(e)    establish that the applicant is not currently subject to lawyer discipline or the subject of a pending disciplinary matter in any jurisdiction;

(f)     establish that the applicant possesses the character and fitness to practice law in this jurisdiction; and

(g)    designate the Clerk of the jurisdiction’s highest court for service of process.

  1. For purposes of this rRule, the “active practice of law” shall include the following activities, if performed in a jurisdiction in which the applicant is admitted and authorized to practice, or if performed in a jurisdiction that affirmatively permits such activity by a lawyer not admitted in that jurisdiction; however, in no event shall any activities that were performed

pursuant to the Model Rule on Practice Pending Admission or in advance of bar admission in some state, territory, or the District of Columbia be accepted toward the durational requirement:

(a)    Representation of one or more clients in the private practice of law;

(b)   Service as a lawyer with a local, state, territorial or federal agency, including military service;

(c)    Teaching law at a law school approved by the Council of the Section of Legal Education and Admissions to the Bar of the _;

(d)   Service as a judge in a federal, state, territorial or local court of record;

(e)    Service as a judicial law clerk; or

(f)     Service as in-house counsel provided to the lawyer’s employer or its organizational affiliates.

  1. For purposes of this rRule, the active practice of law shall not include work that, as undertaken, constituted the unauthorized practice of law in the jurisdiction in which it was performed or in the jurisdiction in which the clients receiving the unauthorized services were located.
  2. An applicant who has failed a bar examination administered in this jurisdiction within five years of the date of filing an application under this rRule shall not be eligible for admission on motion.

FURTHER RESOLVED: That the _ urges jurisdictions that have not adopted the Model Rule on Admission by Motion to do so, and urges jurisdictions that have adopted admission by motion procedures to eliminate any restrictions that do not appear in the Model Rule on Admission by Motion.