California Miscellaneous Admission
California provides several additional special admission rules for attorneys licensed in other jurisdictions. California’s special admission categories include out-of-state attorneys participating in arbitration proceedings, for certain litigation attorneys, and for certain non-litigation attorneys.
Arbitration Attorneys
Rule 9.43 of the California Rules of Court allows attorneys that are licensed and in good standing in other jurisdictions who have been retained to appear in California in connection with an arbitration proceeding to practice law in relation to the arbitration.
Attorneys must serve a certificate in accordance with the requirements of California Code of Civil Procedure § 1282.4 on the arbitrator(s) or the arbital forum, the California Bar, and all other parties and counsel in the arbitration whose addresses are known to the attorney. The arbitrators or the arbital forum must also approve the attorney’s appearance.
Attorneys are required to comply with the California Code of Civil Procedure § 1282.4. Failure to timely file and serve a certificate or, absent special circumstances, appear in multiple separate arbitrations are grounds for disqualification in serving the arbitration in which the certificate was filed. Attorneys may also be subject to discipline.
Attorneys must pay the applicable fees.
Attorneys Practicing Law Temporarily in California As Part of Litigation
Rule 9.47 of the California Rules of Court allows non-litigating attorneys to practice in a transaction or other non-litigation matter. The rule does not limit the scope of activities by out-of-state attorneys that are permissible under existing law. A “transaction or other non-litigation matter” includes any legal matter other than litigation, arbitration, mediation, or a legal action before an administrative decision-maker.
Eligibility
Attorneys must:
- Be members in good standing in each jurisdiction where the member is licensed to practice law.
- Remain active members in good standing in at least one state or United States jurisdiction, possession, territory, or dependency other than California while practicing law as a registered legal services attorney in California.
- Cannot be disbarred, resigned with pending charges, or have been suspended in any other jurisdiction.
Attorneys must also:
- Maintain an office in a United States jurisdiction other than California where the attorney is licensed to practice law.
- Already be retained by a client in the matter for which the attorney is providing legal services in California, except that the attorney may provide legal advice to a potential client, at the potential client’s request, to assist the client in deciding whether to retain the attorney.
- Indicate on any website or other advertisement that is accessible in California that the attorney is not a member of the California Bar or that the attorney is admitted to practice law only in the states where admitted.
Attorneys cannot:
- Be residents of California.
- Be regularly employed in California.
Practice and Restrictions
Attorneys are not engaged in the unauthorized practice of law when participating in a formal legal proceeding. A “formal legal proceeding” means litigation, arbitration, mediation, or a legal action before an administrative decision-maker. Attorneys may participate in:
- A formal legal proceeding that is pending in another jurisdiction and in which the attorney is authorized to appear;
- A formal legal proceeding that is anticipated but is not yet pending in California and in which the attorney reasonably expects to be authorized to appear;
- A formal legal proceeding that is anticipated but is not yet pending in another jurisdiction and in which the attorney reasonably expects to be authorized to appear; or
- A formal legal proceeding that is anticipated or pending and in which the attorney’s supervisor is authorized to appear or reasonably expects to be authorized to appear.
Attorneys cannot:
- Hold out to the public or otherwise represent that he or she is admitted to practice law in California.
- Establish or maintain a resident office or other systematic or continuous presence in California for the practice of law.
- Regularly engage in substantial business or professional activities in California.
Attorneys are subject to the jurisdiction and courts of the California Bar and the rules and regulations related to professional conduct and discipline.
Authorization
Attorneys anticipating authorization must seek that authorization promptly after it becomes possible to do so. Failure to seek prompt authorization or denial of authorization ends eligibility.
Non-litigation Attorneys Practicing Law Temporarily in California
Rule 9.48 of the California Rules of Court allows temporary admission for services in connection with a formal legal proceeding pending or anticipated either in California or another jurisdiction. The rule does not limit the scope of activities by out-of-state attorneys that are permissible under existing law. A “formal legal proceeding” means litigation, arbitration, mediation, or a legal action before an administrative decision-maker.
Eligibility
Attorneys must:
- Be members in good standing in each jurisdiction where the member is licensed to practice law.
- Remain an active member in good standing in at least one United States’ state, jurisdiction, possession, territory, or dependency other than California while practicing law as a registered legal services attorney in California.
- Cannot be disbarred, have resigned with pending charges, or have been suspended in any other jurisdiction.
- Maintain an office in a United States jurisdiction other than California where the attorney is licensed to practice law.
- Already be retained by a client in the matter for which the attorney is providing legal services in California, except that the attorney may provide legal advice to a potential client, at the potential client’s request, to assist the client in deciding whether to retain the attorney.
Attorneys cannot:
- Be residents of California.
- Be regularly employed in California.
Practice and Restrictions
Attorneys are not engaged in the unauthorized practice of law in California if the attorneys:
- Provide legal assistance or legal advice in California to a client concerning a transaction or other non-litigation matter, a material aspect of which is taking place in a jurisdiction other than California and in which the attorney is licensed to provide legal services.
- Provide legal assistance or legal advice in California on an issue of federal law or of the law of a jurisdiction other than California to attorneys licensed to practice law in California.
- Are employees of a client and provides legal assistance or legal advice in California to the client or to the client’s subsidiaries or organizational affiliates. (Please see the California House Counsel).
- Attorneys must indicate on any website or other advertisement that is accessible in California that the attorney is not a member of the California Bar or that the attorney is admitted to practice law only in the states where admitted.
Attorneys cannot:
- Hold out to the public or otherwise represent that he or she is admitted to practice law in California.
- Establish or maintain a resident office or other systematic or continuous presence in California for the practice of law.
- Regularly engage in substantial business or professional activities in California.
- Attorneys are subject to the jurisdiction and courts of the California Bar and the rules and regulations related to professional conduct and discipline.