Delaware

Rule 5.5 MJP/UPL Current

Rule 5.5. Unauthorized practice of law; multijurisdictional practice of law

(a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that juris- diction, 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 pres- ence 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 or in a foreign 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 participates 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 reasona- bly expects to be so authorized;
(3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolu- tion proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s prac- tice 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’s practice in a jurisdiction in which the lawyer is admitted to practice.
(d) A lawyer admitted in another United States jurisdiction, or in a foreign jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services in this jurisdiction that:
(1) are provided to the lawyer’s employer or its organizational affiliates after compliance with Supreme Court Rule 55.1(a)(1) 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.

Rule 5.5 with Comments

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