Rule 5.5 MJP/UPL Current
(a) A lawyer shall not practice law 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 and that are provided by an attorney who has received a limited license to practice law pursuant to La. S. Ct. Rule XVII, §14; or
(2) are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction.
(e)(1) A lawyer shall not:
(i) employ, contract with as a consultant, engage as an independent contractor, or otherwise join in any other capacity, in connection with the practice of law, any person the attorney knows or reasonably should know is a disbarred attorney, during the period of disbarment, or any person the attorney knows or reasonably should know is an attorney who has permanently resigned from the practice of law in lieu of discipline; or
(ii) employ, contract with as a consultant, engage as an independent contractor, or otherwise join in any other capacity, in connection with the practice of law, any person the attorney knows or reasonably should know is a suspended attorney, during the period of suspension, unless first preceded by the submission of a fully executed employment registration statement to the Office of Disciplinary Counsel, on a registration form provided by the Louisiana Attorney Disciplinary Board, and approved by the Louisiana Supreme Court.
(e)(2) The registration form provided for in Section (e)(1) shall include:
i) the identity and bar roll number of the suspended attorney sought to be hired;
ii) the identity and bar roll number of the attorney having direct supervisory responsibility over the suspended attorney throughout the duration of employment or association;
iii) a list of all duties and activities to be assigned to the suspended attorney during the period of employment or association;
iv) the terms of employment of the suspended attorney, including method of compensation;
v) a statement by the employing attorney that includes a consent to random compliance audits, to be conducted by the Office of Disciplinary Counsel, at any time during the employment or association of the suspended attorney; and
vi) a statement by the employing attorney certifying that the order giving rise to the suspension of the proposed employee has been provided for review and consideration in advance of employment by the suspended attorney.
(e)(3) For purposes of this Rule, the practice of law shall include the following activities:
i) holding oneself out as an attorney or lawyer authorized to practice law;
ii) rendering legal consultation or advice to a client;
iii) appearing on behalf of a client in any hearing or proceeding, or before any judicial officer, arbitrator, mediator, court, public agency, referee, magistrate, commissioner, hearing officer, or governmental body operating in an adjudicative capacity, including submission of pleadings, except as may otherwise be permitted by law;
iv) appearing as a representative of the client at a deposition or other discovery matter;
v) negotiating or transacting any matter for or on behalf of a client with third parties;
vi) otherwise engaging in activities defined by law or Supreme Court decision as constituting the practice of law.
(e)(4) In addition, a suspended lawyer shall not receive, disburse or otherwise handle client funds.
(e)(5) Upon termination of the suspended attorney, the employing attorney having direct supervisory authority shall promptly serve upon the Office of Disciplinary Counsel written notice of the termination.
In-House Counsel Rule
Louisiana Supreme Court Rule XVII Section 14 governs limited admission for in-house counsel. The rule allows non-admitted lawyers who are employed by corporate or associational clients to receive a limited license to allow them to perform legal work for their employers. However, the rule does not allow in-house counsel to make appearances in court as lawyers.
For application and related materials, please contact:
Administrator of the Committee on Bar Admissions
Pro Hac Vice
Pro hac vice in Louisiana is governed by several rules.
Admission on Motion
There is currently no provision for admission without examination.
The LSBA Multijurisdictional Practice Committee specifically declined to adopt the ABA Model Rule on Admission by Motion to facilitate the licensing of the lawyer, if the lawyer is admitted to practice law in another United States jurisdiction, has been engaged in the active practice of law for a significant period of time and is in good standing in all jurisdictions where admitted to practice law. Instead, the LSBA MJP Committee reiterated the position that attorneys who wish to establish a permanent law practice in the State of Louisiana must take and pass the Louisiana State Bar Examination. However, the Committee realized that this issue is best handled by the Louisiana Committee on Bar Admissions and specifically refered this issue to that Committee for their evaluation.
Louisiana State Bar Association
601 St. Charles Avenue
New Orleans, LA 70130-3404
Phone (504) 566-1600
(800) 421-LSBA (5722)