Policy Statements & Resolutions
WHEREAS, some countries are reluctant to allow United States lawyers to provide this service unless comparable recognition is provided to their lawyers throughout the United States; and
WHEREAS, most American jurisdictions have already promulgated rules regarding "temporary practice" by qualified lawyers admitted in another state and territory of the United States; and
WHEREAS, the American Bar Association has promulgated a stand-alone Model Rule for Temporary Practice by Foreign Lawyers; and
WHEREAS, several American jurisdictions have promulgated rules permitting temporary practice by qualified lawyers from other countries or have included foreign lawyer temporary practice provisions in Rule 5.5 of their Rules of Professional Conduct; and
WHEREAS, the experience of these American jurisdictions has not led to significant problems regarding the conduct of these foreign lawyers or to disciplinary proceedings; and
WHEREAS, the provision of such legal advice is increasingly important to American businesses and citizens throughout the nation; and
WHEREAS, the decision to promulgate a rule regarding temporary practice by foreign lawyers is separate and distinct from the decision whether to agree to having the rule listed as a commitment of the United States under the General Agreement on Trade in Services;
NOW, THEREFORE, BE IT RESOLVED that the Conference urges the highest court of each state or territory, that has not already done so, to consider adopting a rule permitting temporary practice by foreign lawyers.
Adopted as proposed by the CCJ Professionalism and Competence of the Bar Committee at the 31st Midyear Meeting on January 30, 2008.