Professional Responsibility - Modern ABA Rules (MR) & Arizona Ethical Rules (ER)

MR 5.5 Unauthorized Practice of Law; Multijurisdictional Practice of Law

(a) General Rule: Lawyers cannot practice law in a jurisdiction in violation of its professional regulations or assist others in doing so.

(b) Restrictions: Lawyers not licensed in a jurisdiction cannot establish a permanent office or continuous presence there to practice law unless authorized. They also cannot claim or imply that they are licensed in that jurisdiction.

(c) Temporary Practice: Lawyers licensed in another U.S. jurisdiction who are not suspended or disbarred may temporarily practice in another jurisdiction when:

Working with a locally licensed lawyer who actively participates.

Providing services related to pending or anticipated court proceedings where they are authorized or reasonably expect to be authorized to appear.

Providing services related to arbitration, mediation, or other alternative dispute resolution proceedings, provided the work relates to their practice in a jurisdiction where they are licensed and does not require pro hac vice admission.

Providing other legal services related to their practice in a jurisdiction where they are licensed.

(d) Continuous Practice: Certain out-of-state and foreign lawyers may maintain an office or continuous presence to provide legal services if:

They provide services to their employer or its affiliated organizations as in-house counsel, subject to applicable restrictions. Foreign lawyers advising on U.S. law must rely on advice from a properly licensed U.S. attorney.

Their services are otherwise authorized by federal or other applicable law.

(e) Foreign Lawyers: Foreign lawyers must be in good standing with a recognized legal profession and subject to appropriate professional regulation. Foreign in-house counsel must also receive authorization from the highest court of the jurisdiction.

*Comments 1-6*

ER 5.5(f) Unauthorized Practice of Law; Multijurisdictional Practice of Law

(f) Any attorney who engages in the authorized multijurisdictional practice of law (meaning you’re practicing in AZ, but you’re not admitted in AZ) in Arizona under this rule must advise the lawyer's client that the lawyer is not admitted to practice in Arizona and must obtain the client's informed consent to such representation

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