Kansas House Counsel

Rule 712 of the Rules Relating to Admission of Attorneys allows a restricted license for attorneys performing legal services for single employers.

Eligibility
Attorneys must:

  • Be duly admitted to and continuously licensed to the practice of law upon written examination in another state’s judicial system or that of the District of Columbia.
  • Have accepted, intend to accept, or continue employment by a person, firm, association, corporation, or accredited law school engaged in business in Kansas. The business must be other than the practice of law.
  • Limit practice full-time, or will be full-time, to the business of such employer.
  • Receive, or will receive, his or her entire compensation from the employer for rendering services, which includes legal services.
  • Be fully qualified to take the written bar exam in Kansas under the Kansas Supreme Court Rules.
  • Have satisfied any applicable CLE requirements required where the applicant has been admitted.
  • Are of good moral character.
  • Cannot have failed the Kansas bar exam.

Practice
After the application is filed and pending, attorneys may engage in the business of his or her employer, including providing legal services. An attorney actively engaged in the practice of law in Kansas must agree, in writing, to supervise and be responsible for the acts of the attorney during the interim period.

Attorneys are subject to the rules for practice in Kansas, including the CLE requirements.

Application
Attorneys are required to complete an application within 90 days of beginning employment. The application includes:

  • Certificate of Good Standing and Disciplinary Certificate from each jurisdiction where the applicant holds a license to practice law that states the applicant is in good standing and has not been disciplined for violations of the Code of Professional Responsibility, Kansas Rules of Professional Conduct, or any other applicable ethical standards, and there are no complaints of such violations pending against the applicant.
  • Where required by the rules of such jurisdictions, written certificates from the authority charged with administering CLE credits for the jurisdictions where the applicant has been admitted to practice. The certificate must state the applicant has satisfied the CLE requirements for any required years prior to applying in Kansas.
  • Employer Affidavit. Employer Certificate that evidences the applicant’s full-time employment in Kansas.
  • Not less than three affidavits (on approved forms) from persons attesting that the applicant is a person of good moral character.

If the Board recommends denial, the applicant may file with the Clerk exceptions to the Board’s recommendation within 20 days. The Board files its response within 20 days, and the Kansas Supreme Court makes a final determination.

Applicants must appear before the Clerk of the Appellate Courts to take the oath and sign the roll of attorneys.

Applicants who withdraw or fail to pursue his or her application within one year of the filing date must file a new application and pay the required fee. The time will be extended for those awaiting the results or delay of a character fitness investigation, hearing, actions of a Disciplinary Administrator, the Board, or the Kansas Supreme Court.

Termination
A restricted license remains in effect for as long as the attorney remains an employee of, and devotes his or her full time to the business, and receives compensation for legal services from no source other than the employer.

When the employment terminates, the right to practice law in Kansas also terminates unless the attorney accepts employment with another Kansas employer. The license terminates upon admission to the Kansas Bar. If the applicant fails the bar exam, the license terminates on the date the results of the exam are announced.