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house of delegates resolutions
107B
ADOPTED AS REVISED

Amends the ABA Model Rule for Registration of In-House Counsel

RESOLVED, That the _ amends the ABA Model Rule for Registration of In-House Counsel as follows (insertions underlined, deletions struck through):

Model Rule for Registration of In-House Counsel

general Provisions:

A. A lawyer who is admitted to the practice of law in another United States jurisdiction or is a foreign lawyer, who is employed as a lawyer and has a continuous presence in this jurisdiction by an organization, the business of which is lawful and consists of activities other than the practice of law or the provision of legal services, and who has a systematic and continuous presence in this jurisdiction as permitted pursuant to Rule 5.5(d)(1) of the Model Rules of Professional Conduct, the business of which is lawful and consists of activities other than the practice of law or the provision of legal services, shall register as in-house counsel within [180 days] of the commencement of employment as a lawyer or if currently so employed then within [180 days] of the effective date of this rRule, by submitting to the [registration authority] the following:

1)      A completed application in the form prescribed by the [registration authority];

2)      A fee in the amount determined by the [registration authority];

3)      Documents proving admission to practice law and current good standing in all

jurisdictions, U.S. and foreign, in which the lawyer is admitted to practice law.;

4)      If the jurisdiction is foreign and the documents are not in English, the lawyer shall submit an English translation and satisfactory proof of the accuracy of the translation; and

5)      An affidavit from an officer, director, or general counsel of the employing entity attesting to the lawyer’s employment by the entity and the capacity in which the lawyer is so employed, and stating that the employment conforms to the requirements of this rRule.

For purposes of this Rule, a “foreign lawyer” is a member in good standing of a recognized legal profession in a foreign jurisdiction, the members of which are admitted to practice as lawyers or counselors at law or the equivalent and subject to effective regulation and discipline by a duly constituted professional body or a public authority.

Scope of Authority of Registered lawyer:

B. A lawyer registered under this section Rule shall have the rights and privileges otherwise applicable to members of the bar of this jurisdiction with the following restrictions:

1.   The registered lawyer is authorized to provide legal services to the entity client or its organizational affiliates, including entities that control, are controlled by, or are under common control with the employer, and for employees, officers and directors of such entities, but only on matters directly related to their work for the entity and only to the extent consistent with Rule 1.7 of the Model Rules of Professional Conduct [or jurisdictional equivalent provision in the jurisdiction]; and

2.   The registered lawyer shall not:

a. Except as otherwise permitted by the rules of this jurisdiction, appear before a court or any other tribunal as defined in Rule 1.0(m) of the Model Rules of Professional Conduct [or jurisdictional equivalent],; or
b. Offer or provide legal services or advice to any person other than as described in paragraph B.1., or hold himself or herself out as being authorized to practice law in this jurisdiction other than as described in paragraph B.1;. and
c. If a foreign lawyer, provide advice on the law of this or another U.S. jurisdiction or of the United States except in consultation with a U.S. on the basis of advice from a lawyer who is duly licensed and authorized to provide such advice.

Pro Bono Practice:

C.  Notwithstanding the provisions of paragraph B above, a lawyer registered under this section Rule is authorized to provide pro bono legal services through an established not-for-profit bar association, pro bono program or legal services program or through such organization(s) specifically authorized in this jurisdiction.

Obligations:

D.  A lawyer registered under this section Rule shall:

1.   Pay an annual fee in the amount of $_____________;

2.   Pay any annual client protection fund assessment;

23. Fulfill the continuing legal education requirements that are required of active members of the bar in this jurisdiction;

34. Report within [___] days to the jurisdiction the following:

a. Termination of the lawyer’s employment as described in paragraph BA.4.;
b. Whether or not public, any change in the lawyer’s license status in another jurisdiction, whether U.S. or foreign, including by the lawyer’s resignation;
c. Whether or not public, any disciplinary charge, finding, or sanction concerning the lawyer by any disciplinary authority, court, or other tribunal in any jurisdiction, U.S. or foreign.

Local Discipline:

E.   A registered lawyer under this section Rule shall be subject to the [jurisdiction’s Rules of Professional Conduct], [jurisdiction’s Rules of Lawyer Disciplinary Enforcement], and all other laws and rules governing lawyers admitted to the active practice of law in this jurisdiction.  The [jurisdiction’s disciplinary counsel] has and shall retain jurisdiction over the registered lawyer with respect to the conduct of the lawyer in this or another jurisdiction to the same extent as it has over lawyers generally admitted in this jurisdiction.

AUTOMATIC TERMINATION:

F.  A registered lawyer’s rights and privileges under this Rule section automatically terminate when:

1.   The lawyer’s employment terminates;

2.   The lawyer is suspended or disbarred from practice in any jurisdiction or any court or agency before which the lawyer is admitted, U.S. or foreign; or

3.   The lawyer fails to maintain active status in at least one jurisdiction, U.S. or foreign.

Reinstatement:

G.  A registered lawyer whose registration is terminated under paragraph F.1. above, may be reinstated within [xx ] months of termination upon submission to the [registration authority] of the following:

1.   An application for reinstatement in a form prescribed by the [registration authority];

2.   A reinstatement fee in the amount of $_____________;

3.   An affidavit from the current employing entity as prescribed in paragraph A.4.

Sanctions:

H.  A lawyer under this rRule who fails to register shall be:

1.   Subject to professional discipline in this jurisdiction;

2.   Ineligible for admission on motion in this jurisdiction;

3.   Referred by the [registration authority] to the this [jurisdiction’s bar admissions authority]; and 4.            Referred by the [registration authority] to the disciplinary authority of the jurisdictions of licensure, U.S. and/or foreign.