Rule 38(h) of the Arizona Supreme Court Rules allows eligible out-of-state attorneys employed in Arizona.
Eligibility
Attorneys must:
- Hold a J.D. degree from an ABA approved law school.
- Currently be members in good standing of the Bar of another state or the District of Columbia or otherwise eligible to practice before the highest court in any state, territory or insular possession of the United States. (Attorneys admitted to a jurisdiction outside of the Unites States that have generally applicable standards and requirements may also apply for a Registration Certificate.)
- Satisfy the CLE requirements, if any, of at least one of the other jurisdictions where the attorneys are admitted.
Practice
Attorneys must be employed as in-house counsel or a related position for a for-profit, or a non-profit, corporation, association, or other organizational entity. This definition includes parents, subsidiaries, and affiliates. The business cannot be for the practice of law or the provision of legal services. Attorneys are required to apply for a Registration Certificate within 90 days of the commencement of their employment. Attorneys failing to register are ineligible for Arizona Pro Hac Vice admission and may be subject to discipline. Attorneys cannot provide legal services to any person or entity other than the entity where they are registered.
Attorneys are entitled to the benefits and responsibilities of active members of the Arizona Bar, which includes being subject to all Arizona disciplinary rules and procedures. They cannot engage in activities where Arizona Pro Hac Vice admission is required.
House attorneys are eligible to volunteer pro bono services at approved legal services organizations and may apply for pro bono admission to Arizona courts.
Application
Attorneys are required to file an application with the State Bar that includes:
- Certificate for each jurisdiction where the attorney is admitted certifying the current status or the applicant’s membership or eligibility practice.
- Certify the attorney has read and is familiar with the Arizona Rules of Professional Conduct.
- Pay the application fee equal to 75% of the current dues paid by active members of the Arizona Bar.
The Arizona Bar notifies attorneys of any deficiencies in the application. Attorneys have 30 days to correct any deficiencies or the application is denied.
Attorneys may also petition the Arizona Board of Governors for a waiver of any of the requirements for registration.
Reporting
Registered in-house attorneys are required to report to the Arizona Bar, within 30 days, regarding any changes in bar membership status in any jurisdiction where the attorney is admitted. Attorneys must also report any disciplinary sanctions imposed by any state or federal court, or agency, in any jurisdiction where the attorney is admitted to practice or while temporarily authorized to practice under any rule or by pro hac vice admission.
Attorneys that are suspended or disbarred in another jurisdiction for disciplinary reasons lose their authority to practice as in-house counsel in Arizona.
Attorneys must also notify the Arizona Bar in writing, within 30 days, of any change in employment circumstances that make the attorney ineligible for the Registration Certificate.
Registration Certificate Renewal
On or before February 1 of each year, registered in-house counsel attorneys who continue to be employed as in-house attorneys must renew their Registration Certificate and pay the renewal fee of 75% of the current dues paid by active members of the Arizona Bar.
Attorneys gaining employment by a different eligible entity that continue to meet all of the in-house counsel requirements may apply for an amended Registration Certificate.