Pennsylvania

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, Pa.B.A.R. 302 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 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 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, subject to the requirements of Pa.B.A.R. 302, 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, except that this paragraph (d) does not authorize a lawyer who is not admitted in this jurisdiction and who is employed by the Commonwealth, any of its political subdivisions or any of their organizational affiliates to provide legal services in this jurisdiction; or

(2) 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

Rule 302 requires every attorney not a member of the Pennsylvania bar who is employed by and performs legal services in Pennsylvania for a corporation, company, partnership, association or other non-governmental business entity, to obtain a Limited In-House Corporate Counsel License in order to provide such services if the services are rendered on more than a temporary basis by the attorney or if the attorney maintains an office or other systematic and continuous presence in Pennsylvania.

Pro Hac Vice

Rule 301 covers procedures for admission pro hac vice. Other rules governing procedures and conduct for pro hac vice are: Pennsylvania Rules of Civil Procedure Rule 1012.1, Pennsylvania Lawyers Fund for Client Security Rule 512, and Pennsylvania Interest on Lawyer Trust Funds board Rule 81.501. Additionally, there is a pro hac vice admission fee of $100 per case in which the attorney appears pro hac vice. The proceeds will go to the Interest On Lawyers Trust Account program which funds civil legal services for those who cannot afford to pay for those services.

The new amendments to Rule 1021.1 of the Rules of Civil Procedure set forth the requirements for the motion for pro hac vice admission and requires the associating attorney to enter an appearance in the matter, remain the attorney of record, and appear in all proceedings other than depositions or unless excused by the court. The motion will be granted unless the court finds good cause to deny it, based on grounds set forth in the rule.

Any questions and comments may be sent to:

The Disciplinary Board of the Supreme Court of Pennsylvania
Two Lemoyne Drive, First Floor
Lemoyne, PA 17043
Phone (717) 731-7073
Email: comments@padisciplinaryboard.org

Admission on Motion

Pennsylvania Bar Rule 204 allows reciprocal admission, but not for those who have taken and failed the Pennsylvania Bar. Applications may be filed online. Please see the Pennsylvania Board of Law Examiner’s Page on Reciprocity for reciprocal jurisdictions and further instructions for attorneys of California, the District of Columbia, and Washington.

Contact

Pennsylvania Bar Association
100 South Street
Harrisburg, PA 17101
Phone (800) 932-0311
Email: info@pabar.org

Pennsylvania Board of Law Examiners
5070A Ritter Road
Suite 300
Mechanicsburg, PA 17055
Phone (717) 795-7270