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United States: Foreign Legal Consultant Rules of California, The District of Columbia and New York

Published online by Cambridge University Press:  27 February 2017

Amelia Porges
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Extract

On April 2, 1987, California's new rules on licensing of foreign legal consultants came into effect, joining the foreign legal consultant rules in New York, the District of Columbia, Michigan, and Hawaii [Rule 988, Cal. Rules of Court; N.Y. Ct. App. R. for Licensing of Legal Consultants, 22 N.Y.C.R.R. Part 521; Rule 46 (c) (4), D.C. Ct. App.; Rule 5 (E), Mich. Bd. of L. Exam'rs; Rule 14, Sup. Ct. of Hawaii]. The California, New York and District of Columbia rules are reprinted here. In addition, a foreign legal consultants proposal is now under active consideration in Texas.

The table following this note summarizes the provisions of the five foreign legal consultant rules with regard to eligibility for admission, the scope of practice permitted the foreign legal consultant, and professional discipline. In the United States, it is unconstitutional for a state to deny admission to the bar by reason of citizenship (In re Griffiths, 413 U.S. 717 (1973). State residency requirements are also unconstitutional as applied to citizens of other states (Supreme Court of New Hampshire v. Piper, 470 U.S. 274 (1985). State bar examination pass rates range from 40% to 99%; a substantial number of foreign lawyers have been admitted to the bar by passing the bar examination. As of June 1, 1987, over 70 foreign legal consultants had been licensed in New York, and none in other jurisdictions (one application was pending).

Type
Judicial and Similar Proceedings
Information
International Legal Materials , Volume 26 , Issue 4 , July 1987 , pp. 977 - 997
Copyright
Copyright © American Society of International Law 1987

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References

* [The Introductory Note and Table were prepared for International Legal Materials by Amelia Porges, Associate General Counsel, Office of the United States Trade Representative. This Note is based solely on publicly available information; views expressed are not necessarily those of the U.S. Government.]

* Reproduced from the text provided to International Legal Materials by the District of Columbia Court of Appeals. Inquiries and requests for applications may be addressed to: Director, Committee on Admissions, District of Columbia Court of Appeals, 500 Indiana Avenue, N.W., Washington, DC 20001, tel: (202) 879-2710.

* Reproduced from the text provided to International Legal Materials by the New York Court of Appeals. Inquiries and requests for applications may be addressed to the Appellate Division in which one resides: First Appellate Division, 41 Madison Ave., Room 207 A, New York, NY 10010, tel: (212) 340-0465; Second Appellate Division, 45 Monroe Place, Brooklyn, NY 11201, tel: (718) 875-1300; Third Appellate Division, Justice Bldg., South Mall, Albany, NY 12224, (518) 475-3609; Fourth Appellate Division, 501 Hall of Justice, Civic Center Plaza, Rochester, NY 14614, tel: (716) 232-6220. It should be noted that a prospective foreign legal consultant applies to the division in which he resides, not the division in which he intends to practice, and that he must show proof of residency.