Deadline for Registration of In-House Counsel Not Admitted in California

04/26/2005

A deadline of May 15, 2005, has been established for lawyers not admitted in California but employed in California as in-house counsel to register with the State Bar of California. Rule 965 of the California Rules of Court, adopted last year by the California Supreme Court, allows lawyers who are not licensed to practice law in California to be employed in that state as in-house counsel so long as they register with the bar. Applicants must submit a registered in-house counsel application and an application for determination of moral character. Application forms, instructions and fee information are available on the website of the State Bar of California (www.calbar.ca.gov (Attorney Resources Multijurisdictional Practice (MJP) Program)) and by contacting the Office of Certification at 415.538.2325 ormjp@calbar.ca.gov .

Rule 965 imposes obligations on the employers of in-house counsel registered under that rule. The employer must submit a declaration with a lawyer’s application attesting, among other things, that the applicant’s employment conforms to the requirements of the rule and that the employer will contact the bar within 30 days of the cessation of the applicant’s employment in California.

There are important limitations on the permissible activities of in-house counsel registered pursuant to Rule 965. Among the restrictions, such lawyers generally may not provide personal representation to any officers, employees, customers or shareholders of their employer, nor can they represent litigants in cases pending in California state courts.

McDermott Will & Emery

McDermott Will and Emery