“Foreign Legal Consultant” Status Proposed in Rule Amendments
by Pennsylvania Board of Law Examiners and Disciplinary Board
The Disciplinary Board and the Pennsylvania Board of Law Examiners (PBLE)
have jointly proposed amendments to their respective governing rules which
would allow individuals licensed to practice law in foreign countries to perform
limited services in Pennsylvania as “foreign legal consultants,” providing
information and advice on the law of the countries in which they are licensed.
The PBLE and the Disciplinary Board invites any interested person to submit
comments by Friday, May 7, 2004.
The PBLE would allow licensing as a Foreign Legal Consultant to an applicant
who:
- is a member in good standing of a recognized legal
profession in a foreign country, which is subject to effective regulation
and discipline;
- For at least five of the last seven years, has
been a member of the bar and actually engaged in the practice of law regarding
that country’s law;
- Possess the good moral character and general fitness
requisite for a member of the Pennsylvania bar;
- Is at least 26 years of age;
- Intends to maintain an office in and practice as
a foreign legal consultant in Pennsylvania; and
- Has passed the Multistate Professional Responsibility
Exam with the score required for successful applicants under Rule 203 of
the Pennsylvania Bar Admission Rules.
Applicants will be required to file an application form to be prescribed by
the PBLE, together with:
- a certificate as to admission and good standing
from the bar of the foreign country;
- a letter of recommendation from a member of the
executive body of such bar or a judge of the highest court of law or original
jurisdiction in the country;
- Authenticated English translations of such certificates
and letters, if necessary;
- A statement expressing understanding of and agreement
to follow the Rules of Professional Conduct and Pennsylvania Rules of Disciplinary
Enforcement to the extent applicable;
- Evidence of professional liability insurance;
- Such other evidence of qualification, character,
and fitness as may be required;
- An agreement to notify the Prothonotary of any
change in license status or public professional discipline; and
- An instrument setting forth an address for service
of process in the Commonwealth and designating the Prothonotary as an alternate
for service of process if unavailable.
The PBLE will have discretion to issue a certificate recommending licensure.
One factor that may be taken into account is whether the applicant’s
home country would allow members of the Pennsylvania bar to establish comparable
offices. Any member of the bar who has established or sought or establish an
office in that country may request the PBLE to consider whether applicants
from that country should be denied foreign legal consultant status.
Once the PBLE grants a certificate to the applicant, the applicant shall
file a motion for licensure with the Prothonotary of the Supreme Court, who
is to issue the licensure if the application is in order.
If a person licensed as a foreign legal consultant is subsequently admitted
to the bar of Pennsylvania, the license as a foreign legal consultant is superseded.
A person licensed as a foreign legal consultant may NOT:
- Appear in a representational capacity in courts (except if admitted pro
hac vice);
- Prepare instruments for the transfer of real estate in the United States
of America;
- Prepare wills or trusts effecting the distribution of property located
in the USA and owned by a resident thereof, or relating to the administration
of a decedent’s estate in the USA;
- Prepare any instrument affecting the marital or parental relations, rights,
or duties of a resident of the USA, or children in the custody or care of
a resident;
- Render advice on the laws of Pennsylvania or any jurisdiction in the USA
where the foreign legal consultant is not licensed to practice law;
- In any way hold himself or herself out as a member of the bar of Pennsylvania;
or
- Carry a practice under any name except his/her own, that of an affiliated
law firm, an authorized title in the foreign country, or the term “foreign
legal consultant” with or without reference to admission in the foreign
country.
Subject to the above limitations, the foreign legal consultant is to be considered
as a lawyer for the following purposes:
- The foreign legal consultant is subject to all obligations created by
the Rules of Professional Conduct and the Pennsylvania Rules of Disciplinary
Enforcement, and is subject to professional discipline to the same extent
as a lawyer admitted to the bar of Pennsylvania, except that she/he is not
subject to the requirements of Continuing Legal Education;
- The foreign legal consultant may employ or be employed by members of the
bar, and be a partner, associate, or other affiliate in a law firm with members
of the bar of Pennsylvania; and
- The foreign legal consultant enjoys the professional privileges of a lawyer,
such as attorney-client privilege and work product privilege.
The Disciplinary Board proposes to amend the Pennsylvania Rules of Disciplinary
Enforcement to allow for foreign legal consultants in the following ways: