RULE 5.5
       UNAUTHORIZED PRACTICE OF LAW; MULTIJURISDICTIONAL PRACTICE OF LAW


    (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 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 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; or

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

    (e) A lawyer authorized to provide legal services under paragraph (d)(1) of
this Rule may provide legal services in this jurisdiction for no fee through a
qualified legal services provider, as that term is defined in APR 8(e)(2). If
such services involve representation before a court or tribunal, the lawyer
shall seek admission under APR 8(b) and any fees for such admission shall be
waived. The prohibition against compensation in this paragraph shall not
prevent a qualified legal services provider from reimbursing a  lawyer
authorized to practice under paragraph (d)(1) for actual expenses incurred
while rendering legal services under this pro bono exception. In addition, a
qualified legal services provider shall be entitled to receive all court
awarded attorney's fees for pro bono representation rendered by the lawyer.


                                   Comment

    [1] A lawyer may practice law only in a jurisdiction in which the lawyer is
authorized to practice. A lawyer may be admitted to practice law in a
jurisdiction on a regular basis or may be authorized by court rule or order or
by law to practice for a limited purpose or on a restricted basis. Paragraph
(a) applies to unauthorized practice of law by a lawyer, whether through the
lawyer's direct action or by the lawyer assisting another person.

    [2] The definition of the practice of law is established by law and varies
from one jurisdiction to another. Whatever the definition, limiting the
practice of law to members of the bar protects the public against rendition of
legal services by unqualified persons. This Rule does not prohibit a lawyer
from employing the services of paraprofessionals and delegating functions to
them, so long as the lawyer supervises the delegated work and retains
responsibility for their work. See Rule 5.3.

    [3] A lawyer may provide professional advice and instruction to nonlawyers
whose employment requires knowledge of the law; for example, claims adjusters,
employees of financial or commercial institutions, social workers, accountants
and persons employed in government agencies. Lawyers also may assist
independent nonlawyers, such as paraprofessionals, who are authorized by the
law of a jurisdiction to provide particular law-related services. In addition,
a lawyer may counsel nonlawyers who wish to proceed pro se.

    [4] Other than as authorized by law or this Rule, a lawyer who is not
admitted to practice generally in this jurisdiction violates paragraph (b) if
the lawyer establishes an office or other systematic and continuous presence in
this jurisdiction for the practice of law. Presence may be systematic and
continuous even if the lawyer is not physically present here. Such a lawyer
must not hold out to the public or otherwise represent that the lawyer is
admitted to practice law in this jurisdiction. See also Rules 7.1 and 7.5(b).

    [5] There are occasions in which a lawyer admitted to practice 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 under circumstances that do not create an unreasonable risk to the
interests of their clients, the public or the courts. Paragraph (c) identifies
four such circumstances. The fact that conduct is not so identified does not
imply that the conduct is or is not authorized. With the exception of
paragraphs (d)(1) and (d)(2), this Rule does not authorize a lawyer to
establish an office or other systematic and continuous presence in this
jurisdiction without being admitted to practice generally here.

    [6] There is no single test to determine whether a lawyer's services are
provided on a "temporary basis" in this jurisdiction, and may therefore be
permissible under paragraph (c). Services may be "temporary" even though the
lawyer provides services in this jurisdiction on a recurring basis, or for an
extended period of time, as when the lawyer is representing a client in a
single lengthy negotiation or litigation.

    [7] Paragraphs (c) and (d) apply to lawyers who are admitted to practice law
in any United States jurisdiction, which includes the District of Columbia and
any state, territory or commonwealth of the United States. The word "admitted"
contemplates that the lawyer is authorized to practice in the jurisdiction in
which the lawyer is admitted and excludes a lawyer who while technically
admitted is not authorized to practice, because, for example, the lawyer is on
inactive status.

    [8] Paragraph (c)(1) recognizes that the interests of clients and the public
are protected if a lawyer admitted only in another jurisdiction associates with
a lawyer licensed to practice in this jurisdiction. For this paragraph to
apply, however, the lawyer admitted to practice in this jurisdiction must
actively participate in and share responsibility for the representation of the client.

    [9] Lawyers not admitted to practice generally in a jurisdiction may be
authorized by law or order of a tribunal or an administrative agency to appear
before the tribunal or agency. This authority may be granted pursuant to formal
rules governing admission pro hac vice or pursuant to informal practice of the
tribunal or agency. Under paragraph (c)(2), a lawyer does not violate this Rule
when the lawyer appears before a tribunal or agency pursuant to such authority.
To the extent that a court rule or other law of this jurisdiction requires a
lawyer who is not admitted to practice in this jurisdiction to obtain admission
pro hac vice before appearing before a tribunal or administrative agency, this
Rule requires the lawyer to obtain that authority.

    [10] Paragraph (c)(2) also provides that a lawyer rendering services in this
jurisdiction on a temporary basis does not violate this Rule when the lawyer
engages in conduct in anticipation of a proceeding or hearing in a jurisdiction
in which the lawyer is authorized to practice law or in which the lawyer
reasonably expects to be admitted pro hac vice. Examples of such conduct
include meetings with the client, interviews of potential witnesses, and the
review of documents. Similarly, a lawyer admitted only in another jurisdiction
may engage in conduct temporarily in this jurisdiction in connection with
pending litigation in another jurisdiction in which the lawyer is or reasonably
expects to be authorized to appear, including taking depositions in this jurisdiction.

    [11] When a lawyer has been or reasonably expects to be admitted to appear
before a court or administrative agency, paragraph (c)(2) also permits conduct
by lawyers who are associated with that lawyer in the matter, but who do not
expect to appear before the court or administrative agency. For example,
subordinate lawyers may conduct research, review documents, and attend meetings
with witnesses in support of the lawyer responsible for the litigation.

    [12] Paragraph (c)(3) permits a lawyer admitted to practice law in another
jurisdiction to perform services on a temporary basis in this jurisdiction if
those services 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. The lawyer, however, must obtain admission pro hac vice
in the case of a court-annexed arbitration or mediation or otherwise if court
rules or law so require.

    [13] Paragraph (c)(4) permits a lawyer admitted in another jurisdiction to
provide certain legal services on a temporary basis in this jurisdiction that
arise out of or are reasonably related to the lawyer's practice in a
jurisdiction in which the lawyer is admitted but are not within paragraphs
(c)(2) or (c)(3). These services include both legal services and services that
nonlawyers may perform but that are considered the practice of law when
performed by lawyers.

    [14] Paragraphs (c)(3) and (c)(4) require that the services arise out of
or be reasonably related to the lawyer's practice in a jurisdiction in
which the lawyer is admitted. A variety of factors evidence such a
relationship. The lawyer's client may have been previously represented by
the lawyer, or may be resident in or have substantial contacts with the
jurisdiction in which the lawyer is admitted. The matter, although
involving other jurisdictions, may have a significant connection with that
jurisdiction. In other cases, significant aspects of the lawyer's work
might be conducted in that jurisdiction or a significant aspect of the
matter may involve the law of that jurisdiction. The necessary relationship
might arise when the client's activities or the legal issues involve
multiple jurisdictions, such as when the officers of a multinational
corporation survey potential business sites and seek the services of their
lawyer in assessing the relative merits of each. In addition, the services
may draw on the lawyer's recognized expertise developed through the regular
practice of law on behalf of clients in matters involving a particular body
of federal, nationally-uniform, foreign, or international law. Lawyers
desiring to provide pro bono legal services on a temporary basis in
Washington following determination by the Supreme Court that an emergency
affecting the justice system, as a result of a natural or other major
disaster, has occurred, who are not otherwise authorized to practice law in
Washington, as well as lawyers from another affected jurisdiction who seek
to practice law temporarily in Washington, but who are not otherwise
authorized to practice law in Washington, should consult Admission to
Practice Rule 27 on Provision of Legal Services Following Determination of Major Disaster.

    [15] Paragraph (d) identifies two circumstances in which a lawyer who is
admitted to practice in another United States jurisdiction, and is not
disbarred or suspended from practice in any jurisdiction, may establish an
office or other systematic and continuous presence in this jurisdiction for the
practice of law as well as provide legal services on a temporary basis. Except
as provided in paragraphs (d)(1) and (d)(2), a lawyer who is admitted to
practice law in another jurisdiction and who establishes an office or other
systematic or continuous presence in this jurisdiction must become admitted to
practice law generally in this jurisdiction.

    [16] Paragraph (d)(1) applies to a lawyer who is employed by a client to
provide legal services to the client or its organizational affiliates, i.e.,
entities that control, are controlled by, or are under common control with the
employer. This paragraph does not authorize the provision of personal legal
services to the employer's officers or employees. The paragraph applies to in-
house corporate lawyers, government lawyers and others who are employed to
render legal services to the employer. The lawyer's ability to represent the
employer outside the jurisdiction in which the lawyer is licensed generally
serves the interests of the employer and does not create an unreasonable risk
to the client and others because the employer is well situated to assess the
lawyer's qualifications and the quality of the lawyer's work.

    [17] If an employed lawyer establishes an office or other systematic presence
in this jurisdiction for the purpose of rendering legal services to the
employer, the lawyer may be subject to registration or other requirements,
including assessments for client protection funds and mandatory continuing legal education.

    [18] Paragraph (d)(2) recognizes that a lawyer may provide legal services in a
jurisdiction in which the lawyer is not licensed when authorized to do so by federal or
other law, which includes statute, court rule, executive regulation or judicial precedent.

    [19] A lawyer who practices law in this jurisdiction pursuant to paragraphs (c) or (d)
or otherwise is subject to the disciplinary authority of this jurisdiction. See Rule 8.5(a).

    [20] In some circumstances, a lawyer who practices law in this jurisdiction
pursuant to paragraphs (c) or (d) may have to inform the client that the lawyer
is not licensed to practice law in this jurisdiction. For example, that may be
required when the representation occurs primarily in this jurisdiction and
requires knowledge of the law of this jurisdiction. See Rule 1.4(b).

    [21] Paragraphs (c) and (d) do not authorize communications advertising legal
services to prospective clients in this jurisdiction by lawyers who are
admitted to practice in other jurisdictions. Whether and how lawyers may
communicate the availability of their services to prospective clients in this
jurisdiction is governed by Rules 7.1 to 7.5.

    [22] Model Rule 5.5 does not contain a provision equivalent to paragraph
(e) of Washington's Rule. Paragraph (e) provides that in-house lawyers,
government lawyers, and others authorized to practice under paragraph (d)
of this Rule may provide legal services for no fee through a qualified
legal services provider, but it does not authorize any other form of law
practice, whether for a fee or not, other than that authorized by Paragraph
(d). For purposes of paragraph (e) of this Rule, the term "qualified legal
services provider" is defined in Admission to Practice Rule 8(e)(2) as "a
not for profit legal services organization whose primary purpose is to
provide legal services to low income clients."


[Amended effective October 1, 2002; September 1, 2006; July 1, 2008; September 1, 2008; September 1, 2011]