Rule 341. Licensing of foreign legal consultants.
(a) Required qualifications. An applicant may be licensed to practice in this Commonwealth as a foreign legal consultant, without examination, if the applicant:
(1) is a member in good standing of a recognized legal profession in a foreign country, the members of which are admitted to practice as attorneys 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 his or her application has been a member in good standing of such legal profession in the foreign country and has actually been 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 Commonwealth;
(4) is at least 26 years of age;
(5) intends to practice as a foreign legal consultant in this Commonwealth and to maintain an office in this Commonwealth for that purpose; and
(6) has passed the Multistate Professional Responsibility Exam with the score required by the Court to be achieved by successful applicants under Rule 203.
(b) Application. An applicant under this rule shall file with the Board an application in the form prescribed by the Board, which shall be accompanied by:
(1) a certificate from the professional body or public authority in the foreign country having final jurisdiction over professional discipline, certifying as to the applicants admission to practice and the date thereof, and as to his or her good standing as such attorney or counselor at law or the equivalent;
(2) a letter of recommendation from one of the members of the executive body of such 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;
(3) a duly authenticated English translation of the certificate and the letter if, in either case, it is not in English;
(4) a statement indicating his or her understanding of, and commitment to observe, the Rules of Professional Conduct and the Enforcement Rules to the extent applicable to the legal services authorized under Rule 342;
(5) appropriate evidence of professional liability insurance, in such amount as the Board may prescribe, to assure his or her proper professional conduct and responsibility;
(6) such other evidence as to the applicants educational and professional qualifications, good moral character and general fitness, and compliance with the requirements of Subdivision (a) of this Rule as the Board may require;
(7) a written statement agreeing to notify the Secretary of the Disciplinary Board of the Supreme Court of Pennsylvania of any change in the applicants good standing as a member of the foreign legal profession referred to in Subdivision (a)(1) of this Rule and of any final action of the professional body or public authority referred to in Subdivision (b)(1) of this Rule imposing any disciplinary censure, suspension, or other sanction upon such person; and
(8) a duly acknowledged instrument, in writing, setting forth his or her address in this Commonwealth and designating the Secretary of the Disciplinary Board of the Supreme Court as his or her agent upon whom process may be served, with like effect as if served personally upon him or her, in any action or proceeding thereafter brought against him or her and arising out of or based upon any legal services rendered or offered to be rendered by him or her within or to residents of this Commonwealth, whenever after due diligence service cannot be made upon him or her at such address or at such new address in this Commonwealth as he or she shall have furnished in the last registration statement filed by him or her in accordance with Enforcement Rule 219(d) (relating to periodic assessment of attorneys), or which has been filed in the Administrative Office by means of a duly acknowledged supplemental instrument in writing.
(c) Application fee. An applicant for a license as a foreign legal consultant under this Rule shall pay an application fee fixed by the Board.
(d) Action by the Board. The Board may, in its discretion, issue to an applicant its certificate recommending his or her licensure as a foreign legal consultant if the applicant has met the requirements of this Rule. In considering whether to issue a certificate recommending an applicant to practice as a foreign legal consultant under this Rule, the Board may in its discretion take into account whether a member of the bar of this Commonwealth would have a reasonable and practical opportunity to establish an office for the giving of legal advice to clients in the applicants country of admission. Any member of the bar who is seeking or has sought to establish an office in that country may request the Board to consider whether applicants from that country should be denied the opportunity to be licensed as foreign legal consultants under this Rule, or the Board may do so sua sponte.
(e) Motion for licensure. An applicant shall file a motion for licensure as a foreign legal consultant with the Prothonotary of the Supreme Court, accompanied by the certificate from the Board recommending such licensure . If the motion is in proper order, the Prothonotary shall:
(1) Enter the name of the applicant upon the docket of persons licensed as foreign legal consultants in this Commonwealth.
(2) Notify the Administrative Office of the licensure of the foreign legal consultant.
(3) If the requisite fee has been paid therefor, issue an engrossed certificate of licensure under seal.
(f) Subsequent admission to bar. In the event that a person licensed as a foreign legal consultant under this Rule is subsequently admitted as a member of the bar of this Commonwealth under Subchapter B (relating to admission to the bar generally), the license granted to such person under this Rule shall be deemed superseded by the license granted to such person to practice law as a member of the bar of this Commonwealth.
The provisions of this Rule 341 adopted March 17, 2005, effective September 1, 2005, 35 Pa.B. 1970.
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