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Minnesota House Counsel

***Effective February 1, 2013, Minnesota house counsel attorneys may also provide pro bono services.

Minnesota provides two separate rules for house counsel attorneys. The rules are based on the expected time period of practice in Minnesota. Rule 9 of the Rules for Admission to the Bar allows temporary house counsel licenses for out-of-state attorneys expecting to practice in Minnesota for 12 months or less or for those seeking an immediate license. Rule 10 of the Rules of Admission to the Bar allows house counsel licenses for out-of-state attorneys expecting to practice in Minnesota for more than 12 months.

Time spent practicing under either Minnesota house counsel license qualifies towards the practice of law requirements for Minnesota Admission Without Exam.

Rule 9 – House Counsel Practice for 12 Months or Less

Eligibility
Attorneys must be admitted to another jurisdiction and must:

  • Be employed in Minnesota as house counsel solely for a single corporation (or its subsidiaries), association, business, or government entity whose lawful business consists of activities other than the practice of law or the provision of legal services.
  • Have practiced law (as defined by Rule 7A) for at least 36 of the previous 60 months. The practice of law, during the qualifying period, must have been in a jurisdiction where the applicant is licensed or in a jurisdictions permitting the practice by a lawyer not licensed in that jurisdiction, unless the applicant was practicing as house counsel for a corporation, agency, association, or trust department.

Practice
Attorneys may only practice on behalf of the employer submitting the Employer Affidavit. Attorneys are subject to the rules of professional conduct and responsibility.

Application
Attorneys are required to provide:

  • Certificates of good standing and a list of any complaint of professional misconduct pending against the applicant.
  • Employer Affidavit. An employer Affidavit from an officer, director, or general counsel of the applicant’s employer or parent company employer attesting that the applicant is employed as house counsel solely for said employer, that the applicant is an individual of good character, and that the nature of the employment meets the organization does not engage in activities of practicing law or providing legal services.

Applicants will receive an expedited character and fitness investigation in order to facilitate the issuance of a temporary license.

Termination
The temporary license expires 12 months from the issuing date. The temporary license expires soon upon the following events:

  • Termination of employment. Attorneys must notify both the Board and the Lawyer Registration Office in writing within 10 business days of the
    termination.
  • Admission to practice law in Minnesota pursuant to Admission by Exam, Admission Without Exam, or Admission by House Counsel License (Rule 10).
  • Issuance of an adverse determination related to an applicant’s character, fitness, and eligibility.

Rule 10 – House Counsel Practice for 12 Months or Greater

Eligibility
Attorneys are required to Apply and must:

  • Be employed in Minnesota as house counsel solely for a single corporation (or its subsidiaries), association, business, or government entity whose lawful business consists of activities other than the practice of law or the provision of legal services.
  • Have practiced law (as defined by Rule 7A) for at least 36 of the previous 60 months. The practice of law, during the qualifying period, must have been in a jurisdiction where the applicant is licensed or in a jurisdictions permitting the practice by a lawyer not licensed in that jurisdiction, unless the applicant was practicing as house counsel for a corporation, agency, association, or trust department.

Practice
Attorneys may only practice on behalf of the employer submitting the Employer Affidavit. Attorneys are subject to the rules of professional conduct and responsibility.

Application
Same as above.

Termination
The temporary license expires upon termination of employment. Attorneys must notify both the Board and the Lawyer Registration Office in writing within 10 business days of the termination.

House counsel licenses have expired due to termination of the holder’s employment may be reissued, at the director’s discretion, for the reaming time period of the license if requested within 90 days. All requirements must still be met with a new employer.