Subchapter C. RESTRICTED PRACTICE OF LAW
IN GENERAL Rule
301. Admission pro hac vice.
302. Limited In-House Corporate Counsel License.
303. Limited Admission of Military Attorneys.
304. Limited Admission of Spouses of Active-Duty Service Members of the United States Uniformed Services.
ATTORNEY PARTICIPANTS IN DEFENDER OR
LEGAL SERVICES PROGRAMS
311. Attorney participants in defender or legal services programs.
CERTIFIED LEGAL INTERNS
321. Requirements for formal participation in legal matters by law students and law school graduates.
322. Authorized activities of certified legal interns.
PERSONS SPECIALLY ADMITTED PRIOR TO
CONSTITUTION OF 1968
331. Persons specially admitted by local rules.
FOREIGN LEGAL CONSULTANTS
341. Licensing of foreign legal consultants.
342. Practice by foreign legal consultants.
MISCELLANEOUS
371. Saving provision.
372. Formerly admitted attorneys.
IN GENERAL
Rule 301. Admission pro hac vice.
(a) General rule. The provisions of Subchapter B of these rules (relating to admission to the bar generally) do not apply to motions for admission pro hac vice. An attorney, barrister or advocate who is qualified to practice in the courts of another state or of a foreign jurisdiction may be specially admitted to the bar of this Commonwealth for purposes limited to a particular case. An attorney, barrister or advocate admitted pro hac vice in a case shall not thereby be authorized to act as attorney of record in the case.
(b) Procedure. The general requirements for applicants seeking admission pro hac vice are:
(1) Applicants shall provide such information and pay such fee to the Pennsylvania Interest on Lawyer Trust Account (IOLTA) Board as is required by the regulations concerning pro hac vice admission that have been adopted by the IOLTA Board and approved by the Court.
(2) Upon an applicant’s compliance with the administrative requirements of paragraph (b)(1):
(i) The applicant’s candidacy for pro hac vice admission shall be made by motion by a sponsor, who is member of the bar of this Commonwealth in accordance with Pennsylvania Rule of Civil Procedure 1012.1 (Admission Pro Hac Vice. Motion. Content);
(ii) The motion for the applicant’s candidacy for pro hac vice admission shall be filed by the sponsor with the clerk of the court in which or with the magisterial district judge before which the case is pending at least three days prior to the appearance before the court or magisterial district judge by the attorney, barrister, or advocate seeking pro hac vice admission; and
(iii) In capital cases, wherein the applicant seeks pro hac vice admission as defense counsel, the requirements of Pennsylvania Rule of Civil Procedure 1012.1(c) shall be supplemented to demonstrate compliance with the requirements of Pennsylvania Rule of Criminal Procedure 801 (Qualifications for Defense Counsel in Capital Cases).
(3) The oath shall not be required.
Official Note
Based on U.S. Supreme Court Rule 6 and on former Supreme Court Rule 13 (last paragraph).
Paragraph (b) was amended in 2013 to establish a uniform procedure for pro hac vice admissions in Pennsylvania using existing Pennsylvania Rule of Civil Procedure 1012.1. As set forth in paragraph (b)(1), applicants seeking admission first must satisfy the administrative requirements of the IOLTA Board. See 204 Pa. Code § 81.501—.506. Upon satisfaction of these requirements, the IOLTA Board will send the applicant’s sponsor written certification. Pursuant to paragraph (b)(2), the sponsor is required to file a motion with the appropriate court seeking approval of the applicant’s candidacy for admission pro hac vice. The required content and disposition of the motion are contained in Pennsylvania Rule of Civil Procedure 1012.1. The term, ‘‘motion,’’ is colloquially used insomuch as the sponsor should proceed via ‘‘application’’ pursuant to Pennsylvania Rule of Appellate Procedure 123 (Application for Relief) in the appellate courts and ‘‘request’’ pursuant to Pennsylvania Rule of Civil Procedure before Magisterial District Judges 207 in magisterial district courts.
Source The provisions of this Rule 301 amended June 29, 2007, effective September 4, 2007, 37 Pa.B. 3212; amended December 10, 2013, effective February 10, 2014, 43 Pa.B. 7543. Immediately preceding text appears at serial pages (328837) to (328838).
Rule 302. Limited In-House Corporate Counsel License.
(a) General Rule. Every attorney not a member of the bar of this Commonwealth, who is employed by and performs legal services in this Commonwealth for a corporation, company, partnership, association or other non-governmental business entity, shall obtain a Limited In-House Corporate Counsel License in order to provide such services if such services are performed in this Commonwealth on more than a temporary basis by the attorney or if the attorney maintains an office or other systematic and continuous presence in this Commonwealth.
(b) Scope of Legal Activities. Attorneys issued a Limited In-House Corporate Counsel License may provide advice or legal services to the employer named in the application subject to the following qualifications:
(1) The legal services provided to the employer shall be limited to:
(a) giving legal advice to the directors, officers, employees, and agents of the business organization with respect to its business affairs;
(b) negotiating and documenting all matters for the business organization;
(c) representing the business organization in its dealings with any administrative agency or commission if authorized by the rules of the agency or commission.
(2) In providing legal services, attorneys practicing under a Limited In-House Corporate Counsel License shall not:
(a) represent their employer in any case or matter pending before the courts of this Commonwealth, unless they have been admitted pro hac vice;
(b) represent or give advice to any shareholder, owner, partner, officer, employee or other agent with respect to any personal matter or transaction;
(c) offer legal services or advice to any third party having dealings with the attorney’s employer; or
(d) offer legal services or advice to the public or hold themselves out as authorized to offer legal services or advice to the public.
(3) Notwithstanding the fact that the practice of law by a lawyer licensed under this rule is limited to the practice of law for the employer furnishing the statement required by this rule, a lawyer licensed under this rule may participate in the provision of pro bono services offered under the auspices of organized legal aid societies or state/local bar association projects, or provided under the supervision of an attorney licensed to practice law in Pennsylvania who is also working on the pro bono representation.
(c) Application. An applicant for a Limited In-House Corporate Counsel License shall file with the board a written application, in the form of a verified statement on the form prescribed by the board, setting forth those matters which the board deems necessary, and pay an application fee fixed by the board. The application shall be processed in accordance with the provisions of Rules 212 through 231.
(d) Requirements. The general requirements for issuance of a Limited In-House Corporate Counsel License are:
(1) Completion of the study of law at and receipt without exception of an earned Bachelor of Laws or Juris Doctor degree from a law school;
(2) Admission to practice law in another state, territory of the United States or the District of Columbia on active status at the time of filing the application;
(3) Absence of prior conduct by the applicant which in the opinion of the board indicates character and general qualifications (other than scholastic) incompatible with the standards expected to be observed by members of the bar of this Commonwealth;
(4) Presentation of a certificate of good standing from the highest court or the agency having jurisdiction over admission to the bar and the practice of law in every jurisdiction in which the applicant has been admitted to practice law, stating that the applicant is in good professional standing at the bar of such court or such state. An applicant who is disbarred or suspended for disciplinary reasons from the practice of law in another jurisdiction at the time of filing an application shall not be eligible for a Limited In-House Corporate Counsel License;
(5) Presentation of a sworn statement by the applicant certifying that he/she will perform legal services in this Commonwealth solely for the employer identified in the application, and that such employer’s lawful business consists of activities other than the practice of law or the provision of legal services;
(6) Presentation of a statement signed by an officer, director or general counsel of the applicant’s employer stating that the applicant is an employee for such employer and performs legal services in this Commonwealth for such employer.
(e) Duration. The Limited In-House Corporate Counsel License shall expire if:
(1) such attorney is admitted to the bar of this Commonwealth under any other rule,
(2) fails to fulfill the obligations required of active members of the bar of this Commonwealth,
(3) is suspended or disbarred from the practice of law in another jurisdiction,
(4) fails to maintain active status for admission to the practice of law in at least one state, territory of the United States or the District of Columbia; or
(5) such attorney ceases to be employed by the employer listed on such attorney’s application; provided, however, that if such attorney, within 30 days of ceasing to be an employee for the employer listed on such attorney’s application, becomes employed by another employer within this Commonwealth for which such attorney shall perform legal services, such attorney may apply for a new certificate recommending the issuance of a Limited In-House Corporate Counsel License under this Rule by filing with the board, within 30 days of commencing the new employment, a statement identifying his or her new employer, and the date on which his prior employment ceased and his new employment commenced, and submitting the documents required by sections (d)(5) and (6) of this rule with respect to the new employer.
(f) Issuance of License. At any time within six months of the receipt of a certificate from the board recommending the issuance of a Limited In-House Corporate Counsel License, an applicant may file a motion with the Prothonotary, on a form prescribed by the board for issuance of a Limited In-House Corporate Counsel License. The motion shall be accompanied by the certificate from the board recommending issuance of the license and the fee required by the Prothonotary. Upon receipt of the appropriate documents and fee, the Prothonotary shall enter the name of the applicant upon the docket of persons issued a Limited In-House Corporate Counsel License, notify the Administrative Office of the issuance of a limited license to such attorney and issue an engrossed Limited In-House Corporate Counsel License under seal.
(g) Status. When a license is required under this rule for the performance of legal services in this Commonwealth solely for an attorney’s employer, the performance of such services by the attorney shall be considered to be the active engagement in the practice of law for all purposes and shall subject the attorney to all duties and obligations of active members of the Pennsylvania bar including, but not limited to the Rules of Professional Conduct, the Rules of Disciplinary Enforcement and the Rules of Continuing Legal Education. Prior to the effective date of this rule, when an attorney performed legal services in this Commonwealth solely as an employee of a business organization, whose business consisted of activities other than the practice of law or the provision of legal services, the rendering of such legal services shall be deemed for all purposes to have been the authorized active engagement in the practice of law in this Commonwealth, if such attorney, at the time of the performance of such legal services met the requirements set forth in sections (d) (1), (2), (3) and (4) of this rule.
Source The provisions of this Rule 302 adopted March 30, 2004, effective in 180 days, 34 Pa.B. 2062.
Rule 303. Limited Admission of Military Attorneys.
A. General Rule. Subject to the conditions and limitations set forth in this rule, a limited admission to practice law before the courts of this Commonwealth shall be granted to an attorney who is:
1. a full-time active duty military officer, serving in the office of the Staff Judge Advocate of the United States Army, Air Force, Navy, Marines, or Coast Guard, or a Naval Legal Service Office, located in the Commonwealth of Pennsylvania, or
2. a member of a reserve or national guard legal unit, even if not on full-time active duty, while associated with and performing services under the aegis of an established Expanded Legal Assistance Program (ELAP) located in the Commonwealth of Pennsylvania.
B. Application. An application for limited admission to practice under this rule shall be made on behalf of the applicant by the Staff Judge Advocate of the military installation to which the applicant is assigned by filing a motion with the Prothonotary on a form prescribed by the board and accompanied by:
1. documentation from the highest court of another state showing that the applicant is admitted to practice law and is on active status in such state at the time of filing the application;
2. a certificate of good standing from the highest court or the agency having jurisdiction over admission to the bar and the practice of law in every jurisdiction in which the applicant has been admitted to practice law, stating that the applicant is in good professional standing at the bar of such court or such state;
3. proof that the applicant has completed at least 15 credit hours of approved continuing legal education in subjects relating to Pennsylvania practice, procedure and professional responsibility.
C. Action. If the motion and required documents are in proper order, the Prothonotary shall enter the name of the applicant upon the docket of persons specially admitted to the bar of this Commonwealth subject to the restrictions of this rule and shall issue a limited certificate of admission in evidence thereof.
D. Scope of Practice. Military lawyers granted limited admission to practice law pursuant to this rule may represent active duty military personnel in enlisted grades E-1 through E-4, their dependents, and such other active duty military personnel and their dependents, who are under substantial financial hardship, before the courts and district justices of this Commonwealth in civil matters and administrative proceedings to the extent such representation is permitted by the supervisory Staff Judge Advocate or Commanding Officer. Admission to practice under this rule shall be limited to the matters specified in the preceding sentence and military lawyers admitted to practice pursuant to this rule shall not represent themselves to be members of the bar of this Commonwealth. Attorneys who are practicing under this rule shall not demand or receive any compensation from clients in addition to usual military pay to which they are entitled.
E. Expiration of Admission. The right to practice under this rule shall be limited to a period of four years unless extended by the Prothonotary for an additional four years upon written request of the Staff Judge Advocate of the military installation to which the applicant is assigned and shall cease when: (1) the applicant is admitted to the bar of this Commonwealth under any other rule; (2) the applicant fails to continue to meet the requirements of Sections B(1) and (2) above; (3) when a full-time active duty military officer licensed under this rule ceases to be stationed in Pennsylvania or (4) when a member of a reserve or national guard unit ceases to provide legal services under an established Expanded Legal Assistance Program located in Pennsylvania. When a military lawyer ends active duty military service in this state, or a member of a reserve or national guard unit ceases to provide legal services under an ELAP program, a written statement to that effect shall be filed with the Prothonotary by the Staff Judge Advocate of the military installation to which the applicant had been assigned.
F. Status. An attorney admitted under this rule is subject to the Rules of Professional Conduct and the Rules of Disciplinary Enforcement but shall not be required to pay the annual fee that is required to be paid by active attorneys who are admitted to practice in this Commonwealth.
Source The provisions of this Rule 303 adopted June 2, 2004, effective immediately, 34 Pa.B. 3103.
Rule 304. Limited Admission of Spouses of Active-Duty Service Members of the United States Uniformed Services.
An applicant may apply for limited admission to the practice of law in Pennsylvania as a spouse of an active-duty service member of the United States Uniformed Services if all requirements of this rule are satisfied.
(a) Qualifications.
An applicant who seeks admission pursuant to this rule:
(1) must be present in Pennsylvania as the spouse of an active-duty member of the United States Uniformed Services who is (A) assigned to duty in Pennsylvania or (B) assigned to duty outside the United States but whose last assignment within the United States was in Pennsylvania;
(2) must satisfy the requirements of Rule 203(a)(1) and (2)(i) (related to completion of undergraduate studies and legal studies at a law school accredited by the American Bar Association) and Rule 203(b)(2) (related to character and fitness);
(3) must be currently admitted as an attorney at law in the highest court of another state, commonwealth, territory or the District of Columbia;
(4) must not currently be the subject of a pending disciplinary matter in any jurisdiction in which the applicant is admitted to the practice of law or be currently suspended or disbarred in any such jurisdiction;
(5) must not have been disciplined for professional misconduct by any jurisdiction within the 10 years immediately preceding filing of the Pennsylvania application or been disbarred at any time by any jurisdiction; and
(6)(A) must be employed and supervised by a Pennsylvania-licensed attorney who is in good standing and who is currently engaged in the practice of law in Pennsylvania; or
(B) be employed by the federal government, the Commonwealth of Pennsylvania or a local government within Pennsylvania and supervised in that employment by a Pennsylvania-licensed attorney who is currently engaged in the practice of law in Pennsylvania.
(b) Procedure.
(1) An applicant who seeks admission pursuant to this rule must submit to the Board of Law Examiners an affidavit confirming that the applicant satisfies the requirements of Rule 304(a); that the applicant agrees to supplement his or her application with any information that might arise during the limited admission to practice that bears on any of the requirements of Rule 304(a); that the applicant agrees to notify the Prothonotary of the Pennsylvania Supreme Court of any information that might arise during the limited admission to practice that bears on any of the requirements of Rule 304(a); that the applicant has read, is familiar with and agrees to abide by the Pennsylvania Rules of Professional Conduct and the Pennsylvania Rules of Disciplinary Enforcement; that the applicant will comply with any obligations imposed by the Pennsylvania Continuing Legal Education Board; and that the applicant submits to the jurisdiction of the Pennsylvania Supreme Court with respect to any and all disciplinary matters.
(2) An applicant must submit to the Board of Law Examiners an affidavit of the Pennsylvania attorney who will, pursuant to Rule 304(a)(6), supervise the applicant if the application is granted. The supervising lawyer must confirm in the affidavit that he or she will (A) supervise the applicant in the performance of the applicant’s legal work and (B) notify the Board in the event the applicant leaves the employ of the supervising attorney’s law firm or government entity or is otherwise no longer being supervised by that attorney.
(3) The applicant must submit to the Board of Law Examiners the following:
(A) certificates or official transcripts evidencing compliance with the provisions of Rule 304(a)(2) related to legal education;
(B) a certificate of good standing from the highest court or the admissions authority of a state, commonwealth, territory or the District of Columbia in which the applicant is currently licensed to practice law;
(C) a copy of the United States military orders of the applicant’s spouse establishing that the spouse is present in Pennsylvania because of military orders; and
(D) any fee required by the Board of Law Examiners.
(4) If an applicant satisfactorily completes the steps required by this rule and the Board determines that the applicant is qualified under this rule, the Board shall provide to the applicant a certificate recommending admission of a spouse of an active-duty service member.
(5) At any time within six months of the issuance of a certificate recommending admission of a spouse of an active-duty service member, an applicant may file a motion with the Prothonotary of the Supreme Court of Pennsylvania, on a form prescribed by the Board for issuance of such a license. The applicant shall submit the form with the certificate recommending admission of a spouse of an active-duty service member along with any fee the Prothonotary may assess.
(6) Upon receipt of a properly supported motion, the Prothonotary shall enter the name of the applicant upon the docket of persons specially admitted to the bar of the Supreme Court of Pennsylvania subject to the restrictions of this rule.
(c) Limitations
(1) An applicant who is granted limited admission under this rule and who continues to satisfy the requirements of Rule 304(a) is entitled to all the same rights, privileges and benefits and is subject to the same duties, obligations and responsibilities as active members of the bar of the Supreme Court of Pennsylvania subject to the following limitations.
(2) The limited admission provided by this rule shall terminate automatically upon the occurrence of any of the following:
(A) any of the provisions of Rule 304(a) are no longer satisfied or
(B) the attorney admitted under this rule is admitted to the bar of the Supreme Court of Pennsylvania under any other rule.
(3) In the event Rule 304(c)(2)(A) or (B) applies as a result of the death of the spouse of the attorney admitted under this rule, the termination of the limited admission provided by this rule will be subject to a six-month grace period.
Official Note
For purposes of this rule, the ‘‘United States Uniformed Services’’ are defined to include the following: the United States Army; the United States Marine Corps; the United States Navy; the United States Air Force; the United States Coast Guard; the United States Public Health Service Commissioned Corps; the National Oceanic and Atmospheric Administration Commissioned Corps and any other entity designated as part of the United States Uniformed Services by the United States Department of Defense or the United States Department of Homeland Security. See 10 U.S.C. § 101(a)(4) and (5).
The phrase ‘‘active duty’’ shall have the meaning given it in 10 U.S.C. § 101(d)(1).
For purposes of Rule 304(a)(6), ‘‘practice of law’’ shall have the meaning set out in Rule 204.
The supervision required by Rule 304(a)(6) must be sufficient to insure that the supervising attorney has knowledge of the specific conduct, ratifies the conduct, knows of the conduct at a time when its consequences may be avoided or mitigated and will assume responsibility for the supervised attorney’s work should the supervised attorney’s limited license terminate.
Source The provisions of this Rule 304 adopted January 29, 2019, effective July 29, 2019, 49 Pa.B. 705; amended January 4, 2022, effective January 12, 2022, 52 Pa.B. 341. Immediately preceding text appears at serial pages (396200) to (396203).
ATTORNEY PARTICIPANTS IN
DEFENDER OR LEGAL SERVICES PROGRAMS
Rule 311. Attorney participants in defender or legal services programs.
(a) Scope. This rule applies to an attorney who is not a member of the bar of this Commonwealth but is qualified to practice in the courts of another state and who is employed by or associated with an organized legal services program in this Commonwealth providing legal assistance to indigents in civil matters or a public defender’s office or defender association in this Commonwealth providing legal assistance to indigents in criminal matters.
(b) General Rule. An attorney to which this rule applies shall be admitted to practice before the courts and magisterial district judges of this Commonwealth in all matters in which the attorney is employed by or associated with a public defender’s office, an organized defender association, or an organized legal services program which is sponsored, approved or recognized by the local county bar association. Admission to practice under this rule shall be limited to the matters specified in the preceding sentence.
(c) Application. An applicant for limited admission to practice under this rule shall file with the Board an application on a form prescribed by the Board which shall include or be accompanied by a statement signed by a representative of the public defender’s office, defender association; or organized legal services program indicating that the attorney will be employed by or associated with such entity.
Any such statement shall also contain an undertaking by the public defender’s office, defender association or legal services program to notify the Prothonotary immediately whenever the attorney ceases to be employed by or associated with such office, association or program.
The application shall be processed in accordance with the provisions of Rules 212 through 222.
(d) Requirements. The requirements for issuance of a limited license under this rule are:
1. Completion of the study of law at and receipt without exception of an earned Bachelor of Laws or Juris Doctor degree from an accredited law school;
2. Admission to the practice of law in another state, on active status at the time of filing the application;
3. Absence of prior conduct by the applicant which in the opinion of the Board indicates character and general qualifications incompatible with the standards expected to be observed by members of the bar of this Commonwealth; and
4. Presentation of a certificate of good standing from the highest court or the agency having jurisdiction over the admission to the bar and the practice of law in every jurisdiction in which the applicant has been admitted to practice law, stating that the applicant is in good professional standing at the bar of such court or such state. An applicant who is disbarred or suspended for disciplinary reasons from the practice of law in another jurisdiction at the time of filing an application shall not be eligible for a limited license under this rule.
(e) Application Fee. An applicant for limited admission to practice under this Rule shall pay an application fee fixed by the Board.
(f) Issuance of License. At any time within six months of the receipt of a certificate from the Board recommending the issuance of a limited license to practice in a public defender’s office, defender association or legal services program, an applicant may file a motion with the Prothonotary, on a form prescribed by the Board for issuance of such license. The motion shall be accompanied by the certificate from the Board recommending issuance of the license and the fee required by the Prothonotary. Upon receipt of the appropriate documents and fee, the Prothonotary shall enter the name of the applicant upon the docket of persons specially admitted to the bar of this Commonwealth subject to the restrictions of this rule and shall issue an appropriate certificate in evidence thereof.
(g) Expiration of Admission. When an attorney admitted under this rule ceases to be employed by or associated with an office, association or a program as set forth in the motion previously filed, a written statement to that effect shall be filed with the Prothonotary by a representative of the public defender’s office, defender association or legal services program. Admission to practice under this rule shall expire after 30 months, unless the Court for good cause shown shall extend such period in an individual case, or when the attorney ceases to be employed by or associated with such office, association or program, whichever shall first occur.
(h) Enforcement Rules. The Enforcement Rules shall be applicable to an attorney admitted under this rule.
Official Note
Based on former Supreme Court Rule 10 and makes no change in substance.
Source The provisions of this Rule 311 adopted July 1, 1972; amended June 6, 1977; amended April 28, 2009, effective immediately, 39 Pa.B. 2433; amended January 4, 2022, effective January 12, 2022, 52 Pa.B. 341. Immediately preceding text appears at serial pages (396203) to (396204).
CERTIFIED LEGAL INTERNS
Rule 321. Requirements for formal participation in legal matters by law students and law school graduates.
(a) General rule. The requirements for eligibility for formal participation in legal matters by a law student or law school graduate pursuant to Rule 322 (relating to authorized activities of certified legal interns) are:
(1) Enrollment in or graduation from an accredited law school or a law school that has been approved by the Board which has filed and is actively pursuing an application for accreditation with the American Bar Association; provided that students who attend or graduated from a law school that is located in a jurisdiction that has a program permitting law students to participate in legal matters which does not afford students attending law school in Pennsylvania the same privilege or opportunity to formally participate in legal matters as a law student in the jurisdiction as is granted to students attending law school in the jurisdiction, shall not be eligible to participate in legal matters pursuant to Rule 322.
(2) Completion of legal studies amounting to at least three semesters, or the equivalent if the law school is on a basis other than the semester basis.
(3) Existence and maintenance of certification as prescribed in Subdivision (b) of this rule.
(4) Introduction to the judge or magisterial district judge before whom the law student or law school graduate is appearing by a member of the bar of this Commonwealth.
(5) Absence of a request for or receipt by the law student or law school graduate of compensation or remuneration of any kind for his or her services from the person on whose behalf the law student or law school graduate renders services. This paragraph shall not prevent:
(i) An attorney or a law school, legal services program, defender association, or government unit from paying compensation to the law student or law school graduate.
(ii) Any person other than the law student or law school graduate from making such charges for services as such person may otherwise properly require.
(b) Certification. Only those law students or law school graduates shall be eligible for the benefits of Rule 322 who have been certified by the dean of their law school as being of good character and competent legal ability, and as being adequately trained to perform as a legal intern. The certification shall be made by filing one copy thereof with the Prothonotary. The certification:
(1) Shall be in writing on a form prescribed by the Board and shall remain in effect until the expiration of 24 months after it is filed, or until the announcement of the results of the first bar examination following the completion of the study of law by the student or law school graduate, whichever is earlier. In the case of a student or law school graduate who passes that examination, the certification shall continue in effect until the student or law school graduate is admitted to the bar.
(2) May be withdrawn at any time by the dean by filing a notice to that effect with the Prothonotary. It is not necessary that the notice state the cause for withdrawal.
(3) May be terminated by the Court at any time without notice or hearing and without any showing of cause.
Official Note
Based on former Supreme Court Rule 11B and C.
Source The provisions of this Rule 321 amended July 2, 1997, effective immediately, 27 Pa.B. 3503; amended May 20, 1999, effective immediately, 29 Pa.B. 2855; amended January 2, 2007, effective immediately, 37 Pa.B. 311. Immediately preceding text appears at serial pages (256219) to (256220).
Rule 322. Authorized Activities of Certified Legal Interns.
(a) General Rule. Subject to the restrictions of this subdivision, a certified legal intern may with the approval of a supervising attorney:
(1) Appear before any court or other government unit in any civil or criminal matter on behalf of any indigent, if the person on whose behalf the legal intern is appearing consents to such appearance.
(2) Appear in any civil or criminal matter on behalf of the Commonwealth, if the Attorney General (or the prosecuting attorney in the case of a criminal matter) or his or her authorized representative consents to such appearance.
The approval of the supervising attorney and the consent of the party represented required by this subdivision shall be in writing and filed of record in the matter and shall be brought to the attention of the judge or magisterial district judge or the presiding officer of the other government unit. Appearances pursuant to this rule include provision of oral argument.
(b) Preparation of Papers. A certified legal intern may engage in other activities, including the following:
(1) Preparation of pleadings and other documents to be filed in any matter in which the legal intern is eligible to appear and in any appeals therefrom in the Supreme, Superior or Commonwealth Courts.
(2) Except when the assignment of counsel is required under any provision of law, provision of assistance to indigent inmates of correctional institutions or other persons who request such assistance in preparing applications for and supporting documents for post-conviction relief. If there is an attorney of record in the matter, all such assistance shall be supervised by the attorney of record.
Each pleading or other document shall contain the name of the legal intern who has participated in drafting it. If the legal intern participated in drafting only a portion of it, that fact may be stated. All pleadings or other documents shall be signed by the supervising attorney.
(c) Supervising Attorney. The attorney under whose supervision a certified legal intern performs any of the services permitted by this rule shall
(1) Be approved in writing as a supervising attorney for the purposes of this rule by the dean of the law school in which the legal intern is or was enrolled.
(2) Assume personal professional responsibility for the guidance of the legal intern in any work undertaken and for supervising the quality of the work of the legal intern.
(3) Assist the legal intern in his or her preparation to the extent the supervising attorney considers necessary.
(4) Assure that the certified legal intern is fully prepared and appropriately supervised.
(5) Ensure that a licensed attorney employed by his or her office is personally present during any appearance the certified legal intern makes before any tribunal.
Official Note
Based on former Supreme Court Rule 11 A, D and E and makes no change in substance.
Source The provisions of this Rule 322 adopted July 1, 1972. Amended June 6, 1977; amended January 2, 2007, effective immediately, 37 Pa.B. 311; amended August 17, 2021, effective immediately, 51 Pa.B. 5356. Immediately preceding text appears at serial pages (396206) and (399651).
PERSONS SPECIALLY ADMITTED PRIOR TO
CONSTITUTION OF 1968
Rule 331. Persons specially admitted by local rules.
(a) General rule. Any person specially admitted to practice law on or before April 23, 1968 may continue to practice in the court of common pleas or in that division of the court of common pleas and the Philadelphia Municipal Court which substantially includes the practice for which such person was specially admitted.
(b) Registration of persons claiming special admission status. The Administrative Office shall prepare and include with the 1978 annual distribution of forms to attorneys under Enforcement Rule 219 (relating to periodic assessment of attorneys) a questionnaire designed to elicit the name of each specially admitted attorney claiming the right to practice law under subdivision (a) of this rule and the division or divisions, if any, of the courts of this Commonwealth in which the right to practice law is claimed under such provision. Any person who fails or refuses to complete and return such questionnaire by October 15, 1978 shall be conclusively deemed to have waived and surrendered all rights under such subdivision to practice law in this Commonwealth as a specially admitted attorney.
Official Note
Based on Section 29 of the Schedule to the Judiciary Article and 42 Pa.C.S. § 2523 (relating to persons specially admitted by local rules).
FOREIGN LEGAL CONSULTANTS
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 as required for 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 applicant’s 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 applicant’s 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 Disciplinary Board of the Supreme Court of Pennsylvania of any change in the applicant’s 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 Executive Director 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 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 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.
Source The provisions of this Rule 341 adopted March 17, 2005, effective September 1, 2005, 35 Pa.B. 1970; amended October 25, 2019, effective immediately, 49 Pa.B. 6705; amended January 4, 2022, effective January 12, 2022, 52 Pa.B. 341. Immediately preceding text appears at serial pages (406126) and (399653) to (399654).
Rule 342. Practice by foreign legal consultants.
(a) Prohibited activities. A person licensed to practice as a foreign legal consultant under Rule 341 (relating to licensing of foreign legal consultants) may render legal services in this Commonwealth with respect to the law of the foreign country where the foreign legal consultant is admitted to practice law, subject, however, to the limitations that he or she shall not:
(1) appear for a person other than himself or herself as attorney in any court, or before any magistrate or other judicial officer, in this Commonwealth (other than upon admission pro hac vice pursuant to Rule 301 (relating to admission pro hac vice));
(2) prepare any instrument effecting the transfer or registration of title to real estate located in the United States of America;
(3) prepare:
(i) any will or trust instrument effecting the disposition on death of any property located in the United States of America and owned by a resident thereof, or
(ii) 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 such a resident;
(5) render professional legal advice on the law of this Commonwealth, of any other jurisdiction in which he or she is not authorized to practice law or of the United States of America (whether rendered incident to the preparation of legal instruments or otherwise);
(6) be, or in any way hold himself or herself out as, a member of the bar of the Supreme Court of Pennsylvania; or
(7) carry on his or her practice under, or utilize in connection with such practice, any name, title or designation other than one or more of the following:
(i) his or her own name;
(ii) the name of the law firm with which he or she is affiliated;
(iii) his or her authorized title in the foreign country of his or her admission to practice, which may be used in conjunction with the name of such country; and
(iv) 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 of his or her admission to practice].’’
(b) Rights and obligations. Subject to the limitations set forth in Subdivision (a) of this Rule, a person licensed as a foreign legal consultant under Rule 341 shall be considered a lawyer affiliated with the bar of this Commonwealth and shall be 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 Commonwealth under the Enforcement Rules; and
(2) the rights and obligations of a member of the bar of this Commonwealth with respect to:
(i) affiliation in the same law firm with one or more members of the bar of this Commonwealth, including by:
(A) employing one or more members of the bar of this Commonwealth;
(B) being employed by one or more members of the bar of this Commonwealth or by any law firm that includes members of the bar of this Commonwealth or which maintains an office in this Commonwealth; and
(C) being a partner in any law firm that includes members of the bar of this Commonwealth or which maintains an office in this Commonwealth; and
(ii) attorney-client privilege, work-product privilege and similar professional privileges.
(c) Discipline. A person licensed to practice as a foreign legal consultant under Rule 341 shall be subject to professional discipline in the same manner and to the same extent as members of the bar of this Commonwealth. The license of a foreign legal consultant shall be revoked when he or she no longer meets the requirements and obligations for licensing set forth in Rule 341(a)(1). A foreign legal consultant shall not be subject to the Pennsylvania Rules for Continuing Legal Education.
(d) Service of process. Service of process on the Executive Director of the Disciplinary Board of the Supreme Court of Pennsylvania, pursuant to the designation filed under Rule 341(b)(8), shall be made by personally delivering to the Executive Director, or a deputy or assistant authorized by him or her to receive such service, at his or her office, duplicate copies of such process together with a fee as set by the Disciplinary Board of the Supreme Court. Service of process shall be complete when the Executive Director of the Disciplinary Board has been so served. The Executive Director of the Disciplinary Board shall promptly send one of such copies 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 address specified by him or her as provided in Rule 341(b)(8).
Source The provisions of this Rule 342 adopted March 17, 2005, effective September 1, 2005, 35 Pa.B. 1970; amended October 25, 2019, effective immediately, 49 Pa.B. 6705. Immediately preceding text appears at serial pages (310435) to (310436) and (395113).
MISCELLANEOUS
Rule 371. Saving provision.
Nothing in this subchapter shall affect the right of any person who is not admitted to the bar and the practice of law to perform any services such person might lawfully do in the absence of this subchapter.
Official Note
Generalization of former Supreme Court Rule 11F.
Rule 372. Formerly admitted attorneys.
Upon the request of the Disciplinary Board of the Supreme Court of Pennsylvania, a formerly admitted attorney seeking reinstatement pursuant to the rules of the Disciplinary Board may sit for the bar examination without having to comply first with Section 203(b)(2) of these rules.
Source The provisions of this Rule 372 adopted March 16, 1993, effective immediately, 23 Pa.B. 1821; amended January 31, 1997, effective immediately, 27 Pa.B. 796. Immediately preceding text appears at serial pages (220785) to (220786).
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