Delaware

Rule 5.5 MJP/UPL Current

(a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

(b) A lawyer who is not admitted to practice in this jurisdiction shall not:
(1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or
(2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

(c) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that:
(1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participate in the matter:
(2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expect to be so authorized;
(3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or
(4) are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer’ practice in a jurisdiction in which the lawyer is admitted to practice.

(d) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services in this jurisdiction that:
(1) are provided to the layer’s employer or its organizational affiliates and are not services for which the forum requires pro hac vice admission; or
(2) are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction.

Comments to Rule 5.5

Delaware amendment to Rule 5.5, which makes clear that lawyers admitted only in foreign jurisdictions may work as in-house counsel so long as they comply with Delaware Rule 55.1(a)(1).

In House Counsel Rule

Rule of Conduct 5.5 in conjunction with Supreme Court Rule 55-1 Registration Rule permits in-house counsel to provide services to their employer and its organizational affiliates.

General Information (302) 658-5279

Ethics Opinions 

Pro Hac Vice

Delaware has a number of pro hac vice rules. They include:

(1) Delaware Supreme Court Rule 71 on Admission pro hac vice with a filing fee of $300;

(2) Delaware Supreme Court Rule 72 on Admission pro hac vice before administrative agencies of this State with a filing fee of $300;

(3) Delaware Superior Court Rule 90.1 on Admission pro hac vice with a filing fee of $300; and

(4) Delaware Court of Chancery Rule 170(b) with a filing fee of $100.

Admission on Motion

Delaware does not have an admission on motion rule.

Contact

Delaware State Bar Association
301 North Market Street
Wilmington, Delaware 19801
Phone (302) 658-5279
(800) 292-7869 (from Kent & Sussex Counties)
Fax (302) 658-5212

Extensions:
Membership Susan Bechstein 212
Bar Services/Sections Janice Myrick 230
Executive Director Rina Marks 218

Dennis L. Schrader
Wilson, Halbrook & Bayard
107 West Market Street
P.O. Box 690
Georgetown, DE 19947
Phone (302) 856-0015
(302) 856-7116
email: dlschrader@whblaw.com