COMPARISON OF ABA MODEL RULE FOR REGISTRATION OF IN-HOUSE COUNSEL WITH STATE VERSIONS

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1 As of September 7, American Bar Association COMPARISON OF ABA MODEL RULE FOR REGISTRATION OF IN-HOUSE COUNSEL WITH STATE VERSIONS AMERICAN BAR ASSOCIATION CENTER FOR PROFESSIONAL RESPONSIBILITY POLICY IMPLEMENTATION COMMITTEE ABA Model Rule (b) 180 days (b) Annual (b) 1 AL Exclusively employed by a business located in the State of Alabama. (b) 180 days - $725 (b) - $300 AK rule. AZ : employed within the State; not intended to apply to temporary or sporadic presence. (b) 90 days -75% of bar dues (b) -75% 0f bar dues Completion of course on Arizona law; compliance with home state or if none, AZ. 1 means not addressed in the rule. 1

2 (b) Annual AR rule: but see Rule 5.5(d)(1) CA Residency required. (b) 180 days : $550 to apply, $363 moral character check; 25 hrs. (b) : $390 Registered legal services attorney. CO (a) $100 (b). may act on behalf of single client as if licensed. CT DE DC specific provision, but termination occurs after 180 consecutive days of relocation of House outside of Connecticut registration requirement but allows. Rule 49(c)(6) of the Rules of the District of Columbia Court of Appeals (a) (b)within 3 months before or after employment (b) Within 1 year (a) $1000 (b), as of January 1, 2009 (a) $80 (b) 2

3 (b) Annual FL GA. Must be residing or relocating to Florida within 6 months of application. and (e). (b) within 6 months of employment (a) $1600 (b) $265. registration HI Rule ID Must maintain his/her office for the practice of law as house counsel within the state on behalf of corporate employer (b) 60 days prior to assuming duties as in-house counsel (a) $800 (b) $255, 1-3 years practice $340, over 3 years IL. Exclusive employment by Illinois entity required. (b) 120 days (a) $1250 (b) $105, 1-3 years practice; $289, 3 or more years if US licensed, with statement to Administrator and proof of sponsoring organization IN (a) $850 (b), $50 renewal fee, maximum 5 yrs. renewal (eff. 1/1/13) Must attend law update Forum within 12 months 3

4 (b) Annual IA KS Maintains an office or systematic and continuous presence Full-time limited to the business of the Kansas employer (b) 90 days (b) Within 90 days of beginning employment (a) $500 and $200 to Client Security Commission (b) $50 Annual Assessment to Client Security Commission (a) $1250 (b) $100. Under Rule 5.5(d) (1) legal services for employer s business KY Will perform legal services solely for employer (a) $1500 (b) $171, under 5 years; $221, over 5 years LA Employed exclusively as lawyer for employer (a) $300 plus annual discipline & registration fees (b) After 2009, $235 plus Annual Discipline fee as set by LSBA ME MD (a) (a) MA (a) (b) (as established by the Court from time to time). Under Rule 5.5(d) (1) 4

5 (b) Annual MI Must intend in good faith to establish an office in Michigan (a) $600 MN Employed in Minnesota for a single entity (a) $625 MS Rule MO Employed exclusively for an entity (a) $1240 (b) $183 MT Rule but see RPC 5.5 (b) NE presence (b) Within 90 days of beginning employment (a) $700 (b) $345 NV Employed exclusively for entity (a) $250 (b), equal to current rate for time in practice, with separate certification NH 5

6 (b) Annual NJ Applicant performs legal services solely for designated employer (b) 60 Days (a)$750 (b), Discipline, Client Protection Fund & LAP NM NY Rule See RPC 5.5 (d) (1) Provide legal services to the single employer entity or organizational affiliates. (b) 30 days (a) (b) Comply with biennial registration req. NC under Rule 5.5(d)(1) ND OH OK OR Employed in rth Dakota as in-house exclusively for corporation Employed full-time by ngovernmental by Ohio employer Must establish residence Employed by business entity authorized to do business in Oregon (a) $380 equivalent to ND lawyer who has practiced for 5 years (b) $380 (a) $350 (b) $350 (a) $750 (b) $175, but not in rule referenced (a) $1050 in (b) $416. ( on a temporary basis under Rule 5.5(c)) 6

7 PA Employed on more than a temporary basis or if maintains an office or other systematic or continuous presence (b) 6 months (b) Annual (a) $1250 (b) $175 RI SC Employed by Corporation with office in RI Provides legal services solely to employer (a) (b) $200 (a) $400 (b) $100 -state agency and magistrate in civil matters -any other SC Court SD TN TX presence. Rule XIV, Rules Governing Admission to the Bar of Texas, Legal Consultants, Section 1(b)(4). Admission not for In- House (b) Within 180 days (a) $750 (b) Annual fees payable by active member Annual fees payable by active member 7

8 UT Must be bona fide resident of the state of Utah or maintain an office as employer s house counsel in state (b) Within 6 months (b) Annual (a) $850 (b) $350 Must complete of licensing state VT VA WA Employed as lawyer exclusively for entity Employed as lawyer exclusively for employer. (a) $150 (b) $250 : identified as a Corporate Registrant. (b) WV under Rule 5.5(d)(1) WI Employed in Wisconsin on a continuing basis. (a) Board of Bar Examiners (b) 60 days (a) $250 (b) WY 8

9 U.S. Virgin Islands Systematic or continuous presence. (a) Director of Bar Admissions (b) 60 days (b) Annual (a) $500 (b) $50 annual assessment and Bar dues Copyright 2016 American Bar Association. All rights reserved. thing contained in this chart is to be considered the rendering of legal advice. The chart is intended for educational and informational purposes only. We make every attempt to keep the chart as accurate as possible. If you are aware of any inaccuracies in the chart, please send your corrections or additions and the source of that information to John Holtaway, (312) , 9