APR 14
LIMITED PRACTICE RULE FOR FOREIGN
LAW CONSULTANTS
(a) Purpose. The purpose of this rule is to authorize lawyers from a
foreign country to advise or consult about foreign law and to
prescribe the conditions and limitations upon such limited practice.
(b) Qualifications.
(1) To qualify as a Foreign Law Consultant applicant for admission
to the limited practice of law in the State of Washington as provided
in these rules, a person must:
(i) Present satisfactory proof of both admission to the practice
of law, together with current good standing, in a foreign
jurisdiction, and active legal experience as a lawyer or counselor at
law or the equivalent in a foreign jurisdiction for at least 5 of the
7 years immediately preceding the application; and
(ii) Possess the good moral character and fitness requisite for a
member of the Bar of the State of Washington; and
(iii) Execute under oath and file with the Bar Association two
copies of an application, in such form as may be required by the Board
of Governors; and
(iv) File with the application a certificate from the authority
in such foreign country having final jurisdiction over professional
discipline, certifying as to the applicants admission to practice, and
the date thereof, and as to the good standing of such lawyer or
counselor at law or the equivalent, together with a duly authenticated
English translation of such certificate, if it is not in English; and
(v) File with the application a letter of recommendation from one
of the members of the executive body of such authority or from one of
the judges of the highest law court or courts of original jurisdiction
of such foreign country, together with a duly authenticated English
translation of such letter, if it is not in English; and
(vi) Provide with the application such other evidence of the
applicants educational and professional qualifications, good moral
character and fitness and compliance with the requirements of this
rule as the Board of Governors may require; and
(vii) Pay upon the filing of the application a fee equal to that
required pursuant to rule 3(d)(2) to be paid by an attorney applicant
to take the bar examination.
(2) Upon a showing that strict compliance with the provisions of
subsections (b)(1)(iv) or (b)(1)(v) would cause the applicant
unnecessary hardship, the Board of Governors may at its discretion
waive or vary the application of such provisions and permit the
applicant to furnish other evidence in lieu thereof.
(c) Procedure. The Board of Governors shall approve or disapprove
applications for admission of Foreign Law Consultants. Additional
proof of any facts stated in the application may be required by the
Board. In the event of the failure or refusal of the applicant to
furnish any information or proof, or to answer any inquiry of the
Board pertinent to the pending application, the Board may deny the
application. Upon approval of the application by the Board of
Governors, the Board shall recommend to the Supreme Court the
admission of the applicant for the purposes herein stated. The Supreme
Court may enter an order admitting to practice those applicants it
deems qualified, conditioned upon such applicants:
(1) Taking and filing with the Clerk of the Supreme Court the Oath
of Attorney pursuant to rule 5; and
(2) Paying to the Bar Association its membership fee for the current
year in the maximum amount required of active members; and
(3) Filing with the Bar Association in writing his or her address in
the State of Washington, or the name and address of his or her
registered agent as provided in APR 5(e), together with a statement
that the applicant has read the Rules of Professional Conduct and
Rules for Enforcement of Lawyer Conduct, is familiar with their
contents and agrees to abide by them.
(d) Scope of Practice. A Foreign Law Consultant shall be authorized to
engage in the limited practice of law only as authorized by the
provisions of this rule. A Foreign Law Consultant may not:
(1) Appear for a person other than the Foreign Law Consultant as
lawyer in any court or before any magistrate or other judicial officer
in this state (other than upon admission for a particular action or
proceeding pursuant to rule 8(b)) or prepare pleadings or any other
papers or issue subpoenas in any action or proceeding brought in any
court or before any judicial officer of this state;
(2) Prepare any deed, mortgage, assignment, discharge, lease or any
other instrument affecting title to real estate located in the United
States; or
(3) Prepare any will or trust instrument affecting the disposition
on death of any property located in the United States and owned by a
resident thereof; or any instrument related to the administration of a
decedents estate in the United States; or
(4) Prepare any instrument with respect to the marital relations,
rights or duties of a resident of the United States, or the custody or
care of the children of such a resident; or
(5) Render legal advice on the law of the State of Washington, of
any other state or territory of the United States, of the District of
Columbia or of the United States (whether rendered incident to
preparation of legal instruments or otherwise) unless and to the
extent that the Foreign Law Consultant is admitted to practice law
before the highest court of such other jurisdiction; or
(6) In any way hold himself or herself out as a member of the Bar of
the State of Washington; or
(7) Use any title other than "Foreign Law Consultant", the firm
name, and/or authorized title used in the foreign country where the
Foreign Law Consultant is admitted to practice. In each case, such
title or name shall be used in conjunction with the name of such
foreign country.
(e) Regulatory Provisions. A Foreign Law Consultant shall be subject
to the Rules for Enforcement of Lawyer Conduct and the Rules of
Professional Conduct as adopted by the Supreme Court and to all other
laws and rules governing lawyers admitted to the Bar of this state,
except for the requirements of APR 11 relating to continuing legal
education. Jurisdiction shall continue whether or not the Consultant
retains the authority for the limited practice of law in this state,
and regardless of the residence of the Consultant.
(f) Continuing Requirements.
(1) Annual Fee. A Foreign Law Consultant shall pay to the Bar
Association its membership fee for the current year in the maximum
amount required of active members.
(2) Report. A Foreign Law Consultant shall promptly report to the
Bar Association any change in his or her status in any jurisdiction
where he or she is admitted to practice.
(g) Termination of License. A limited license is granted at the
sufferance of the Supreme Court and may be revoked at any time upon
the courts own motion, or upon the motion of the Board of Governors,
with or without cause, including failure to comply with the terms of
this rule.
(h) Reciprocity. A Foreign Law Consultant applicant shall demonstrate
that the country or jurisdiction from which he or she applies does not
impose, by any law, rule or regulation, any requirements, limitations,
restrictions or conditions upon the admission of members of the
Washington State Bar Association as Foreign Law Consultants in that
foreign country or jurisdiction which are significantly more limiting
or restrictive than the requirements of this rule. The Supreme Court
may deny admission to a Foreign Law Consultant applicant upon that
basis, or may impose similar limitations, restrictions or conditions
upon foreign legal consultant applicants from that foreign country or jurisdiction.
[Adopted effective September 1, 1990; amended effective December 28, 1999;
October 1, 2002; November 25, 2003; January 2, 2007.]
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