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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 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
Secretary of 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
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 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.
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