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
(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
(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; or
(2) are services that the lawyer is authorized by federal or other law or rule to provide in
(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.
(f) Before providing any legal services set forth in paragraph (c) or (d) a lawyer must make an affirmative disclosure to the client that the lawyer is not admitted to practice in West Virginia.
In-House Counsel Rule
See Rule 5.5 above.
Pro Hac Vice
West Virginia Code Section 30-2-2 allows an attorney at law in any jurisdiction other than this state admittance to practice, as a visiting attorney, or as a resident attorney, upon first complying with the rules and regulations applicable thereto prescribed by the Supreme Court of Appeals of West Virginia, without being required to take the bar examinations of this state, if the other jurisdiction in which such person is already authorized to practice allows attorneys of this state to be admitted to the bar or to practice law in such jurisdiction without making it one of the necessary requirements that attorneys of this state take the bar examinations of such jurisdiction.
Please see Advisory Opinion 93-005 for further information.
Admission on Motion
Pursuant to West Virgina Supreme Court of Appeals Rules for Admission to the Practice of Law Rules 4.0- 4.5, the applicant must show an intention to practice law in West Virginia at least on a minimal basis, must have lawfully engaged in the active practice of law for five of the seven years preceding the application, and must show that one of the jurisdictions the applicant is admitted in has substantially equivalent standards for admission as West Virginia at the time the applicant was admitted.
The West Virginia State Bar
2006 Kanawha Boulevard
East Charleston, WV 25311
Phone (304) 558-2467