RPC 5.5 (e) - Unauthorized Practice of Law; Multijurisdictional Practice of Law

• Proposed Changes to RPC 5.5 (e) - Unauthorized Practice of Law; Multijurisdictional Practice of Law (in Word Format)
• Comments Received for RPC 5.5 (e) - Unauthorized Practice of Law; Multijurisdictional Practice of Law

GR 9 COVER SHEET
SUGGESTED AMENDMENT
RULES OF PROFESIONAL CONDUCT (RPC)
RULE 5.5 UNAUTHORIZED PRACTICE OF LAW; MULTIJURISDICTIONAL PRACTICE OF LAW

Submitted by the Board of Governors of the Washington State Bar Association

Purpose: When Rule 5.5 of the Rules of Professional Conduct was adopted, part (d) of the rule authorized lawyers not admitted to practice in Washington to practice law for a single employer as house counsel. Admission to Practice Rule 8(f), which formerly provided such authority for house counsel, was amended to apply only to house counsel admitted to practice law in a jurisdiction other than a United States jurisdiction.

Former APR 8(f) also authorized house counsel admitted in another United States jurisdiction to provide pro bono legal services through a qualified legal services provider as that term is defined in APR 8(e)(2). After the amendments to the RPCs and APR 8(f), that authority no longer existed.

The suggested amendment to RPC 5.5(e) restores the authority to provide pro bono legal services through a qualified legal services provider that was authorized by the previous rule. It also provides that if the legal services being provided require appearance before a court or tribunal, the fees required by the pro hac vice admission rule, APR 8(b), will be waived.