Arizona Multijurisdictional Practice (MJP)

Ethical Rules 5.5 (Unauthorized Practice of Law; Multijurisdictional Practice) and 8.5 (Disciplinary Authority; Choice of Law) of the Arizona Rules of Professional Conduct address MJP in Arizona. See the MJP hub for general background.

Arizona’s ER 5.5 is similar to, but not identical to, the ABA Model Rule 5.5. Out-of-state lawyers generally may not establish a systematic and continuous presence for the practice of law or hold themselves out as Arizona-admitted except as authorized.

Temporary practice

Temporary services under ER 5.5(c) typically include association with an Arizona lawyer who actively participates; tribunal-related work with authorization or a reasonable expectation of authorization; ADR related to the lawyer’s home practice (when pro hac vice is not required); and other services reasonably related to the lawyer’s practice where admitted. Arizona also requires client disclosure/informed consent that the lawyer is not Arizona-admitted (ER 5.5(e)) and compliance with pro hac vice for covered appearances (ER 5.5(f)).

House counsel and authorized practice

Registered in-house counsel practice under Supreme Court Rule 38(a) intersects with ER 5.5(d). ER 5.5(d)(2) also covers services authorized by Arizona or federal law.

Confirm current ER 5.5 / 8.5 text and comments with the State Bar and Arizona Supreme Court rules before relying on a particular safe harbor.