Arkansas

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 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 reasonably expects 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’s 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 lawyer’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.

Rule 5.5 with Comments

In House Counsel Rule

In house counsel practice in Arkansas is governed by Rule 5.5(d)(1).

Pro Hac Vice

Rule XIV of the Rules Governing Admission to the Bar of Arkansas allows admission pro hac vice for non-resident attorneys. The attorney must be admitted to practice law in the Supreme Court of the Untied States, the United States Court of Appeals for the circuit in which he resides or in the Supreme Court or the highest appellate court of the state of his residence, the attorney must be in good standing in the court of his admission, and the attorney must sign a written statement submitting to all disciplinary procedures applicable to Arkansas attorneys.

The Arkansas Supreme Court has ruled that a trial court can require a non-resident attorney to associate local counsel to the case. Walker v. State, 274 Ark. 124 (1981); B.A.R. Enterprises, Inc. v. Plain Manufacturing Co., 312 Ark. 500 (1993). Further, pro hac vice is not available to attorneys who reside in Arkansas because residents are required to take the Arkansas bar examination. Willet v. State, 334 Ark. 40 (1998).

Admission on Motion

Admission on the Motion in Arkansas is governed by Rule XVI of the Rules Governing Admission to the Bar of Arkansas and requires reciprocity, a fee of $1,500 and a designation to the Clerk of Court for service of process.

Contact

Arkansas Bar Association
2224 Cottondale Lane
Little Rock, AR 72202
Phone (501) 375-4606
Toll Free (800) 609-5668
Fax (501) 375-4901
Email: mglasgow@arkbar.com