Minnesota

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, except that a lawyer admitted to practice in Minnesota does not violate this rule by conduct in another jurisdiction that is permitted in Minnesota under Rule 5.5 (c) and (d) for lawyers not admitted to practice in Minnesota.

(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 which:

(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 the 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 are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction.

Comments to Rule 5.5

In-House Counsel Rule

Minnesota Rules for Admission to the Bar Rule 9 require house counsel to be licensed in Minnesota. In house counsel can be admitted without taking the Minnesota bar examination if they are licensed in another state, have practice law for three of the last five years, and if the practice was in Minnesota or in another jurisdiction. To be licensed house counsel temporarily refer to Rule 9 and for a permanent house counsel license refer to Rule 10. For further information please view Minnesota State Board of Law Examiners House Counsel Page.

Pro Hac Vice

Minnesota has various rules governing pro hac vice. They are as follows:

Minnesota Statutes Section 481.02 Subdivision 6;

Minnesota Rules of Appellate Procedure Rule 143.05 Subdivision 1 issued along with an Advisory Committee Comment; and

Minnesota General Rules of Practice for District Courts Rule 5.

Minnesota State Bar Association’s Multi-Jurisdictional Practice Task Force’s Recommendation and Report on Pro Hac Vice.

Admission on Motion

Minnesota Rules for Admission to the Bar Rule 7 allows for admission without examination if eligible.

Contact

Minnesota Board of Law Examiners
Galtier Plaza
380 Jackson Street, Suite 201
St. Paul, Minnesota 55101
Phone (651) 297-1857
Fax (651) 297-1196
TTY: 800 627-3529 ask for (651) 297-1857

Minnesota State Court System

Minnesota State Bar Association
600 Nicollet Mall # 380
Minneapolis, MN 55402
Phone (612) 333-1183
(800) 882-6722
Extensions