PROPOSED RULE ______. LICENSING AND PRACTICE OF FOREIGN OF LEGAL CONSULTANTS
Revisions indicated by overstrike and underscore reflect changes to the proposed rule submitted by the Joint Committee on Attorney Standards which are based on revisions to the Model Rule adopted
in August 2006. Note: The Model Rule uses the term “jurisdiction” when referring to the licensing
state. The Joint Committee preferred “State”, and that term is used in place of “jurisdiction” when
the reference is with respect to North Dakota as the licensing state.
A. General Regulation as to Licensing. In its discretion, the Supreme Court may license to practice in this State as a foreign legal consultant, without examination, an applicant who:
1. is, and for at least five years has been, a member in good standing of a recognized legal profession in a foreign country, the members of which are admitted to practice as attorneyslawyers or counselors at law or the equivalent and are subject to effective regulation and discipline by a duly constituted professional body or a public authority;
2. for at least five of the seven years immediately preceding application has been a member in good standing of such legal profession and has actually been lawfully engaged in the practice of law in the foreign country or elsewhere substantially involving or relating to the rendering of advice or the provision of legal services concerning the law of the foreign country;
3. possesses the good moral character and general fitness requisite for a member of the bar of this State; and
4. is at least twenty-six years of age; and
54. intends to practice as a foreign legal consultant in this State and to maintain an office in this State for that purpose.
B. Proof RequiredApplication. An applicant under this Rule shall file with the Clerk of the Supreme Courtan application for a foreign legal consultant license, which must include all of the
1. a certificate from the professional body or public authority in the foreign country having final
jurisdiction over professional discipline in the foreign county in which the applicant is admitted, certifying as to the applicant's admission to practice,and the date thereofof admission, and as to the applicant's good standing as an attorneya lawyer or counselor at law or the equivalent;
2. a letter of recommendation from one of the members of the executive body of the professional body or public authority or from one of the judges of the highest law court or court of original jurisdiction of the foreign country in which the applicant is admitted;
3. a duly authenticated English translationtranslations of the certificate required by Section B(1) of this Rule and the letter required by Section B(2) of this Rule if, in either case, it isthey are not in English; and
4. such other evidence as tothe Supreme Court may require regarding the applicant’s educational and professional qualifications, good moral character and general fitness, and compliance with the
requirements of Section A of this Rule as the Supreme Court may require.; and
5. an application fee as set by the Supreme Court.
C. Reciprocal Treatment of Members of the Bar of this State. In considering whether to license an applicant to practice as a legal consultant, the Supreme Court may in its discretion take into
account whether a member of the bar of this State would have a reasonable and practical opportunity to establish an office for the giving of legal advice to clients in the applicant's country of admission. Any member of the bar who is seeking or has sought to establish an office in that country may
request the court to consider the matter, or the Supreme Court may do so sua sponte.See alternate
section following new Section C - Scope of Practice.
DC. Scope of Practice. A person licensed to practice as a foreign legal consultant under this Rule may render legal services in this State subject, however, to the limitations that the person shall notbut shall not be considered admitted to practice law in this State, or in any way hold himself or herself out as a member of the bar of this State, or do any of the following:
1. appear for a person other than himself or herself as attorneyas a lawyer on behalf of another person in any court, or before any magistrate or other judicial officer, in this State (other than upon admissionexcept when admittedpro hac vice pursuant to Rule 3A of the Admission to Practice Rules);
2. prepare any instrument effecting the transfer or registration of title to real estate located in the
United States of America;
(a) any will or trust instrument effecting the disposition on death of any property located in and owned by a resident of the United States of America and owned by a resident thereof, or
(b) any instrument relating to the administration of a decedent's estate in the United States of America;
4. prepare any instrument in respect of the marital or parental relations, rights or duties of a resident of the United States of America, or the custody or care of the children of the resident;
5. render professional legal advice on the law of this State or of the United States of America (whether rendered incident to the preparation of legal instruments or otherwise) except on the basis of advice from a person duly qualified and entitled (otherwiseother than by virtue of having been
licensed under this Rule) to render professional legal advice in this State; or
6. be, or in any way hold himself or herself out as, a member of the bar of this State; or(Relocated to opening paragraph of new Section C ).
76. carry on the person'sa practice under, or utilize in connection with such practice, any name, title, or designation other than one or more of the following:
(a) the person'sforeign legal consultant’s own name;
(b) the name of the law firm with which the personforeign legal consultant is affiliated;
(c) the person'sforeign legal consultant’s authorized title in the foreign country where admitted to practice, which may be used in conjunction with the name of the country; and
(d) the title "foreign legal consultant," which may be used in conjunction with the words "admitted to the practice of law in [name of the foreign country where admitted to
[ 7. render legal services in this State pursuant to the Model Rule for Temporary Practice by Foreign
As an alternative to originally proposed Section C , deleted above, the revised ABA Model Rule
contains the following optional section, inclusion of which is linked to whether the state has adoptedthe Model Rule for Temporary Practice by Foreign Lawyers.This section was not
included in the Model Rule reviewed by the Joint Committee on Attorney Standards.
[Practice by a Foreign Legal Consultant in Another United States Jurisdiction. A person
licensed as a foreign legal consultant in another United States jurisdiction may provide legal services in this State on a temporary basis pursuant to the Model Rule for Temporary Practice by Foreign
Lawyers. A person licensed as a foreign legal consultant in another United States jurisdiction shall not establish an office or otherwise engage in a systematic and continuous practice in this jurisdiction or hold out to the public or otherwise represent that the foreign legal consultant is licensed as a foreign legal consultant in this jurisdiction.]
ED. Rights and Obligations. Subject to the limitations set forth in Section DC of this Rule, a person licensed as a legal consultant under this Rule is considered a lawyerforeign legal consultant
affiliated with the bar of this State and is entitled and subject to:
1. the rights and obligations set forth in the Rules of Professional Conduct or arising from the other conditions and requirements that apply to a member of the bar of this State under the [rules of court governing members of the bar, including ethics]; and
2. the rights and obligations of a member of the bar of this State with respect to:
(a) affiliation in the same law firm with one or more members of the bar of this State, including by:
(1) employing one or more members of the bar of this State;
(2) being employed by one or more members of the bar of this State or by any partnership or professional corporation whichthat includes members of the
bar of this State or whichthat maintains an office in this State; and
(3) being a partner in any partnership or shareholder in any professional corporation whichthat includes members of the bar of this State or whichthat maintains an office in this State; and
(b) attorney-client privilege, work-product privilege and similar professional privileges.
FE. Disciplinary ProvisionsDiscipline. A person licensed to practice as a foreign legal consultant
under this Rule is subject to professional discipline in the same manner and to the same extent as members of the bar of this State and to. To this end:
1. Every person licensed to practice as a legal consultant under these Rulesthis Rule:
(a) is subject to control bythe jurisdiction of the Supreme Court and to censure, suspension, removal or revocation of the person's license to practice by the Supreme Court and is otherwise governed by the Rules of Professional Conduct; and
(b) shall execute and file with the Supreme Court, in suchthe form and manner as the
court may prescribe:
(1) the person'sa commitment to observe the Rules of Professional Conduct and the all other conditions and requirements that apply to a member of the bar of this State[rules of court governing members of the bar] to the extent
applicable to the legal services authorized under Section DC of this Rule;
Note: The Joint Committee did not include a provision in the Model Rule,
which would be located here, that would require the applicant to provide an undertaking or evidence of professional liability insurance. The Joint Committee did not include the provision because there is no similar requirement imposed by North Dakota rule on other applicants for licensure.
(2) a written undertaking to notify the court of any change in the person'sforeign legal consultant’s good standing as a member of the foreign legal profession referred to in SectionA(1) of this Rule and of any final action of the professional body or public authority referred to in Section B(1) of this Rule imposing any disciplinary censure, suspension, or other sanction upon the personforeign legal consulant; and
(3) a duly acknowledged instrument, in writing, setting forthproviding the person'sforeign legal consultant’s address in this State and designating the Clerk of the Supreme Court as the person'sconsultant’s agent upon whom process may be served, with like effect as if served personally upon that person, infor service of process. The foreign legal consultant shall keep the clerk advised in writing of any changes of address in this State. In any action
or proceeding thereafter brought against the personforeign legal consultant
and arising out of or based upon any legal services rendered or offered to be rendered by the personconsultant within or to residents of this State,
wheneverservice shall first be attempted upon the consultant at the most recent address filed with the clerk. Whenever after due diligence service cannot be made upon the personforeign legal consultant at thethat address or at such new address in this State as the person shall have filed in the office
of the clerk by means of a duly acknowledged supplemental instrument in writingservice may be made upon the clerk. Service made upon the clerk in accordance with this provision is effective as if service had been made personally upon the foreign legal consultant.
2. Service of process on the clerk, pursuant to the designation filed under Section FE (1)(b)(3), must be made by personally delivering to the clerk’s office, and leaving with the clerk, or with a deputy or assistant authorized by the clerk to receive such service, at the clerk's office, duplicate copies of suchthe process together with a fee of $10. Service of process is complete when the clerk has been so served. The clerk shall promptly send one of the copiescopy to the foreign legal consultant to whom the process is directed, by certified mail, return receipt requested, addressed to the foreign legal consultant at the most recent address specified underprovided in accordance with Section FE (1)(b)(3).
GF. Application and Renewal FeesAnnual Fee.An applicant for a license as a legal consultant
under this Rule shall pay an application fee equal to the fee required to be paid by a person applying for admission as a member of the bar of this State. A person licensed as a foreign legal consultant shall pay renewal fees equal to the fees required to be paid by a member of the bar of this State for renewal of a license to engage in the practice of law in this Statean annual fee as set by the Supreme Court.
HG. Revocation of License.In the event thatIf the Supreme Court determines that a person licensed as a foreign legal consultant under this Rule no longer meets the requirements for licensure
set forth in Section A(1) or Section A(3)(2) of this Rule, it shall revoke the foreign legal consultant’s license granted to the person under this Rule.
IH. Admission to Bar.In the event thatIf a person licensed as a foreign legal consultant under this Rule is subsequently admitted as a member of the bar of this State under the provisions of the Rules governing admission, the license granted to the person under this Rulethat person’s foreign legal consultant license is deemed superseded by the license granted to practice law as a member of the bar of this State.
JI. Application for Waiver of Provisions. The Supreme Court, upon written application, may in
its discretionwaive any provision or vary the application or waive any provision of this Rule where
strict compliance will cause undue hardship to the applicant. The application for waiver must be in the form of a verified petition setting forth the applicant’s name, age, and residence address,; the facts relied upon; and a prayer for relief.