Delaware Multijurisdictional Practice (MJP)

Delaware Lawyers’ Rules of Professional Conduct 5.5 and 8.5 address unauthorized and multijurisdictional practice. See the MJP hub for general background.

DLRPC 5.5 provides temporary-practice safe harbors under 5.5(c) and employer/authorized practice under 5.5(d). Out-of-state lawyers generally may not establish a systematic and continuous presence for the practice of law or hold out as Delaware-admitted except as authorized.

Temporary practice

Temporary services typically include association with local counsel, tribunal-related work with authorization or a reasonable expectation of authorization, ADR related to the lawyer’s home practice, and other services reasonably related to practice where admitted. Court appearances remain subject to pro hac vice.

House counsel

To practice under DLRPC 5.5(d)(1) with a systematic and continuous Delaware presence, lawyers must obtain a Rule 55.1 Certificate. Confirm current Supreme Court Rules and DLRPC text before relying on a particular safe harbor.