CALIFORNIA Rule 9.46
Registered In-House Counsel
Statement of Purpose.
The purpose of this rule is to permit an attorney who resides in
California and who is licensed to practice law in one or more
jurisdictions in the United States other than California to register and
provide legal services as in-house counsel for a single qualifying
institution in California without becoming a member of the State Bar of
California.
(a) Definitions
The following definitions apply to terms used in
this rule:
1)
"Qualifying
institution" means a corporation, a partnership, an
association, or other legal entity, including its
subsidiaries and organizational affiliates. Neither a governmental
entity nor an entity that provides legal services to others can be a
qualifying institution for purposes of this rule. A qualifying
institution must:
(A)Employ
at least 10 employees full time in California; or
(B)Employ
in California an attorney who is an active member in good standing of
the State Bar of California.
(2)strong]
"Active member in good standing of the bar of a United States state,
jurisdiction, possession, territory, or dependency" means an attorney
who meets all of the following criteria:
(A)Is
a member in good standing of the entity governing the practice of law in
each jurisdiction in which the member is licensed to practice law;
(B)em]
Remains an active member in good standing of the entity governing the
practice of law in at least one United States state, jurisdiction,
possession, territory, or dependency, other than California, while
practicing law as registered in-house counsel in California; and
(C)em]
Has not been disbarred, has not resigned with charges pending, or is not
suspended from practicing law in any other jurisdiction.
(Subd (a) relettered effective January 1,
2007; adopted as subd (j) effective November 15, 2004.)
(b) Scope of practice
Subject to all applicable rules, regulations, and
statutes, an attorney practicing law under this rule is:
(1)Permitted
to provide legal services in California only to the qualifying
institution that employs him or her;
(2)Not
permitted to make court appearances in California state courts or to
engage in any other activities for which pro hac vice admission
is required if they are performed in California by an attorney who is
not a member of the State Bar of California; and
(3)Not
permitted to provide personal or individual representation to any
customers, shareholders, owners, partners, officers, employees,
servants, or agents of the qualifying institution.
(Subd (b) amended and relettered
effective January 1, 2007; adopted as subd (a) effective November 15,
2004.)
(c) Requirements
For an attorney to practice law under this rule,
the attorney must:
(1)Be
an active member in good standing of the bar of a United States state,
jurisdiction, possession, territory, or dependency;
(2)Register
with the State Bar of California and file an Application for
Determination of Moral Character;
(3)Meet
all of the requirements for admission to the State Bar of California,
except that the attorney:
(A)Need
not take the California bar examination or the Multistate Professional
Responsibility Examination; and
(B)May
practice law while awaiting the result of his or her Application for
Determination of Moral Character;
(4)Comply
with the rules adopted by the Board of Governors relating to the State
Bar Registered In-House Counsel Program;
(5)Practice
law exclusively for a single qualifying institution, except that, while
practicing under this rule, the attorney may, if so qualified,
simultaneously practice law as a registered legal services attorney;
(6)Abide
by all of the laws and rules that govern members of the State Bar of
California, including the Minimum Continuing Legal Education (MCLE)
requirements;
(7)Satisfy
in his or her first year of practice under this rule all of the MCLE
requirements, including ethics education, that members of the State Bar
of California must complete every three years and, thereafter, satisfy
the MCLE requirements applicable to all members of the State Bar; and
(8)Reside
in California.
(Subd (c) relettered effective January 1,
2007; adopted as subd (b) effective November 15, 2004.)
(d) Application
To qualify to practice law as registered in-house
counsel, an attorney must:
(1)Register
as an attorney applicant and file an Application for Determination of
Moral Character with the Committee of Bar Examiners;
(2)Submit
to the State Bar of California a declaration signed by the attorney
agreeing that he or she will be subject to the disciplinary authority of
the Supreme Court of California and the State Bar of California and
attesting that he or she will not practice law in California other than
on behalf of the qualifying institution during the time he or she is
registered in-house counsel in California, except that if so qualified,
the attorney may, while practicing under this rule, simultaneously
practice law as a registered legal services attorney; and
(3)Submit
to the State Bar of California a declaration signed by an officer, a
director, or a general counsel of the applicant's employer, on behalf of
the applicant's employer, attesting that the applicant is employed as an
attorney for the employer, that the nature of the employment conforms to
the requirements of this rule, that the employer will notify the State
Bar of California within 30 days of the cessation of the applicant's
employment in California, and that the person signing the declaration
believes, to the best of his or her knowledge after reasonable inquiry,
that the applicant qualifies for registration under this rule and is an
individual of good moral character.
(Subd (d) relettered effective January 1,
2007; adopted as subd (c) effective November 15, 2004.)
(e) Duration of practice
A registered in-house counsel must renew his or
her registration annually. There is no limitation on the number of years
in-house counsel may register under this rule. Registered in-house
counsel may practice law under this rule only for as long as he or she
remains employed by the same qualifying institution that provided the
declaration in support of his or her application. If an attorney
practicing law as registered in-house counsel leaves the employment of
his or her employer or changes employers, he or she must notify the
State Bar of California within 30 days. If an attorney wishes to
practice law under this rule for a new employer, he or she must first
register as in-house counsel for that employer.
(Subd (e) amended and relettered
effective January 1, 2007; adopted as subd (d) effective November 15,
2004.)
(f) Eligibility
An application to register under this rule may not
be denied because:
(1)The
attorney applicant has practiced law in California as in-house counsel
before the effective date of this rule.
(2)The
attorney applicant is practicing law as in-house counsel at or after the
effective date of this rule, provided that the attorney applies under
this rule within six months of its effective date.
(Subd (f) amended and relettered
effective January 1, 2007; adopted as subd (e) effective November 15,
2004.)
(g) Application and registration fees
The State Bar of California may set appropriate
application fees and initial and annual registration fees to be paid by
registered in-house counsel.
(Subd (g) amended and relettered
effective January 1, 2007; adopted as subd (f) effective November 15,
2004.)
(h) State Bar Registered In-House Counsel Program
The State Bar must establish and administer a
program for registering California in-house counsel under rules adopted
by the Board of Governors.
(Subd (h) amended and relettered
effective January 1, 2007; adopted as subd (g) effective November 15,
2004.)
(i) Inherent power of Supreme Court
Nothing in this rule may be construed as affecting
the power of the Supreme Court of California to exercise its inherent
jurisdiction over the practice of law in California.
(Subd (i) amended and relettered
effective January 1, 2007; adopted as subd (h) effective November 15,
2004.)
(j) Effect of rule on multijurisdictional
practice
Nothing in this rule limits the scope of
activities permissible under existing law by attorneys who are not
members of the State Bar of California.
(Subd (j) relettered effective January 1,
2007; adopted as subd (i) effective November 15, 2004.)
Rule 9.46 amended and renumbered
effective January 1, 2007; adopted as rule 965 by the Supreme Court
effective November 15, 2004.