Kansas

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 (including Kansas Supreme Court Rule 712), 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 services 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 or in a foreign jurisdiction, and not disbarred or suspended from practice in any jurisdiction or the equivalent thereof, may provide legal services through an office or other systematic and continuous presence in this jurisdiction that:

(1) are provided to the lawyer’s employer or its organizational affiliates; are not services for which the forum requires pro hac vice admission; and, when performed by a foreign lawyer and requires advice on the law of this or another jurisdiction or of the United States, such advice shall be based upon the advice of a lawyer who is duly licensed and authorized by the jurisdiction to provide such advice; and otherwise complies with Kansas Supreme Court Rule 712; or

(2) are services that the lawyer is authorized by federal law or other law or rule to provide in this jurisdiction.

(e) For purposes of paragraph (d), the foreign lawyer must be 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 are subject to effective regulation and discipline by a duly constituted professional body or a public authority.

Comments to Rule 5.5

In-House Counsel Rule

Kansas Supreme Court Rule 706 allows in-house counsel licensed in another U.S. jurisdiction for at least five years to obtain a limited temporary license without examination, provided that counsel works only for the corporate employer and does not represent the employer before state courts without further authorization. The license terminates if counsel leaves the corporate employer unless he or she is leaving for a similar post at another Kansas organization.

Recent amendment to 706(a) now requires that the application is filed within ninety days of the beginning of employment.

Pro Hac Vice

Kansas has several Rules governing temporary permission to practice. These include:

Kansas Supreme Court Rule 705 Temporary Permit to Practice;

Kansas Supreme Court Rule 116 Admission Pro Hac Vice of Out-of-State Attorney; and

Admission on Motion

Pursuant to Rule 703 Admission to the Bar Without Written Examination, applicants need to refer to Rule 707 for applicable fees.

Contact

Kansas Bar Association
1200 SW Harrison
Topeka, KS 66612-1806
Phone (785) 234-5696
Fax (785) 234-3813

Kansas Attorney Admissions

Rules Relating To Admission of Attorneys

Clerk of the Supreme Court
Kansas Judicial Center
301 S.W. 10th Avenue, Room 374
Topeka, KS 66612
Phone (785) 296-3229
Fax (785) 296-1028