Rule 964. Registered Legal Services Attorneys

Statement of Purpose.
The purpose of this rule is to permit an attorney who relocates to California and who is licensed to practice law in one or more jurisdictions in the United States other than California to practice law in California under a registration system without becoming a member of the State Bar of California. An attorney so registered may practice law in California for no more than three years and during that period must do so under the supervision of an attorney employed by a qualifying legal service provider.

(a) [Scope of practice] Subject to all applicable rules, regulations, and statutes, an attorney practicing law under this rule is permitted to practice law in California only while working, with or without pay, at a qualifying legal services provider, as defined in this rule, and, at that institution and only on behalf of its clients, may engage, under supervision, in all forms of legal practice that are permissible for a member of the State Bar of California.
(b) [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 Multi-state 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 Legal Services Attorney Program; (5) Practice law exclusively for a single qualifying legal services provider, except that if so qualified, an attorney may, while practicing under this rule, simultaneously practice law as registered in-house counsel; (6) Practice law under the supervision of an attorney who is employed by the qualifying legal services provider and who is a member in good standing of the State Bar of California; (7) 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; (8) 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 (9) Not have taken and failed the California bar examination within five years immediately preceding application to register under this rule.
(c) [Application] To qualify to practice law as a registered legal services attorney, the 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 under supervision at a qualifying legal services provider during the time he or she practices law as a registered legal services attorney in California, except that if so qualified, the attorney may, while practicing under this rule, simultaneously practice law as registered in-house counsel; and (3) Submit to the State Bar of California a declaration signed by a qualifying supervisor on behalf of the qualifying legal services provider in California attesting that the applicant will work, with or without pay, as an attorney for the organization; that the applicant will be supervised as specified in this rule; and that the qualifying legal services provider and the supervising attorney assume professional responsibility for any work performed by the applicant under this rule.
(d) [Duration of practice] An attorney may practice for no more than a total of three years under this rule.
(e) [Fees] The State Bar of California may set appropriate initial and annual registration fees, as well as application fees, to be paid by registered legal services attorneys.
(f) [State Bar Registered Legal Services Attorney Program] The State Bar may establish and administer a program for registering California legal services attorneys under rules adopted by the Board of Governors of the State Bar.
(g) [Supervision] To meet the requirements of this rule, an attorney supervising a registered legal services attorney: (1) Must be an active member in good standing of the State Bar of California; (2) Must have actively practiced law in California and been a member in good standing of the State Bar of California for at least the two years immediately preceding the time of supervision; (3) Must have practiced law as a full-time occupation for at least four years; (4) Must not supervise more than two registered legal services attorneys concurrently; (5) Must assume professional responsibility for any work that the registered legal services attorney performs under the supervising attorneys supervision; (6) Must assist, counsel, and provide direct supervision of the registered legal services attorney in the activities authorized by this rule and review such activities with the supervised attorney, to the extent required for the protection of the client; (7) Must read, approve, and personally sign any pleadings, briefs, or other similar documents prepared by the registered legal services attorney before their filing, and must read and approve any documents prepared by the registered legal services attorney for execution by any person who is not a member of the State Bar of California before their submission for execution; and (8) May, in his or her absence, designate another attorney meeting the requirements of (1) through (7) to provide the supervision required under this rule.
(h) [Inherent power of Supreme Court] Nothing in this rule is to be construed as affecting the power of the Supreme Court of California to exercise its inherent jurisdiction over the practice of law in California.
(i) [Effect of rule on multi-jurisdictional 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.
(j) [Definitions] The following definitions apply to terms used in this rule: (1) Qualifying legal services provider means either of the following, provided that the qualifying legal services provider follows quality-control procedures approved by the State Bar of California: (A) A nonprofit entity incorporated and operated exclusively in California that as its primary purpose and function provides legal services without charge in civil matters to indigent persons, especially underserved client groups, such as the elderly, persons with disabilities, juveniles, and non-English- speaking persons; or (B) A program operated exclusively in California by a nonprofit law school approved by the American Bar Association or accredited by the State Bar of California that has operated for at least two years at a cost of at least $20,000 per year as an identifiable law school unit with a primary purpose and function of providing legal services without charge to indigent persons. (2) 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) 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 a registered legal services attorney in California; and (C) Has not been disbarred, has not resigned with charges pending, or is not suspended from practicing law in any other jurisdiction.

Rule 965. Registered In-House Counsel

Statement of Purpose.
The purpose of this rule is to permit an attorney who resides in 1California and who is licensed to practice law in one or more jurisdictions in the United States other than California to register to 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) [Scope of practice] Subject to all applicable rules, regulations, and statutes, an attorney practicing law under this rule: (1) Is permitted to provide legal services in California only to the qualifying institution that employs him or her; (2) Is 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) Is not permitted to provide personal or individual representation to any customers, shareholders, owners, partners, officers, employees, servants, or agents of the qualifying institution.
(b) [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 Multi-state 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.
(c) [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 applicants employer, on behalf of the applicants 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 applicants 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.
(d) [Duration of practice] 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.
(e) [Eligibility] It will not be grounds for denial of an application to register under this rule if the attorney applicant has practiced law in California as in-house counsel before the effective date of this rule. Further, it will not be grounds for denial of an application to register under this rule if 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.
(f) [Fees] The State Bar of California may set appropriate initial and annual registration fees, as well as application fees, to be paid by registered in- house counsel.
(g) [State Bar Registered In-House Counsel Program] The State Bar may establish and administer a program for registering California in-house counsel under rules adopted by the Board of Governors.
(h) [Inherent power of Supreme Court] Nothing in this rule is to be construed as affecting the power of the Supreme Court of California to exercise its inherent jurisdiction over the practice of law in California.
(i) [Effect of rule on multi-jurisdictional 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.
(j) [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) 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) 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) Has not been disbarred, has not resigned with charges pending, or is not suspended from practicing law in any other jurisdiction.

Rule 966. Attorneys practicing law temporarily in California as part of litigation

Statement of Purpose.
The purpose of this rule is to permit an attorney who is licensed to practice law in a jurisdiction in the United States other than California, and who is in California temporarily as part of litigation, to perform litigation tasks in California under specified circumstances. An attorney practicing in accordance with this rule is not engaged in the unauthorized practice of law in California.

(a) [Requirements] For an attorney to practice law under this rule, the attorney must: (1) Maintain an office in a United States jurisdiction other than California and in which the attorney is licensed to practice law; (2) Already be retained by a client in the matter for which the attorney is providing legal services in California, except that the attorney may provide legal advice to a potential client, at the potential clients request, to assist the client in deciding whether to retain the attorney; (3) Indicate on any Web site or other advertisement that is accessible in California either that the attorney is not a member of the State Bar of California or that the attorney is admitted to practice law only in the states listed; and (4) Be an active member in good standing of the bar of a United States state, jurisdiction, possession, territory, or dependency.
(b) [Permissible activities] An attorney meeting the requirements of this rule, who complies with all applicable rules, regulations, and statutes, is not engaging in the unauthorized practice of law in California if the attorneys services are part of: (1) A formal legal proceeding that is pending in another jurisdiction and in which the attorney is authorized to appear; (2) A formal legal proceeding that is anticipated but is not yet pending in California and in which the attorney reasonably expects to be authorized to appear; (3) A formal legal proceeding that is anticipated but is not yet pending in another jurisdiction and in which the attorney reasonably expects to be authorized to appear; or (4) A formal legal proceeding that is anticipated or pending and in which the attorneys supervisor is authorized to appear or reasonably expects to be authorized to appear. The attorney whose anticipated authorization to appear in a formal legal proceeding serves as the basis for practice under this rule must seek that authorization promptly after it becomes possible to do so. Failure to seek that authorization promptly, or denial of that authorization, ends eligibility to practice under this rule.
(c) [Restrictions] To qualify to practice law in California under this rule, an attorney must not: (1) Hold out to the public or otherwise represent that he or she is admitted to practice law in California; (2) Establish or maintain a resident office or other systematic or continuous presence in California for the practice of law; (3) Be a resident of California; (4) Be regularly employed in California; (5) Regularly engage in substantial business or professional activities in California; or (6) Have been disbarred, have resigned with charges pending, or be suspended from practicing law in any other jurisdiction.
(d) [Conditions] By practicing law in California pursuant to this rule, an attorney agrees that he or she is providing legal services in California subject to: (1) The jurisdiction of the State Bar of California; (2) The jurisdiction of the courts of this state to the same extent as is a member of the State Bar of California; and (3) The laws of the State of California relating to the practice of law, the State Bar Rules of Professional Conduct, the rules and regulations of the State Bar of California, and these rules.
(e) [Inherent power of Supreme Court] Nothing in this rule is to be construed as affecting the power of the Supreme Court of California to exercise its inherent jurisdiction over the practice of law in California.
(f) [Effect of rule on multi-jurisdictional 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.
(g) [Definitions] The following definitions apply to the terms used in this rule: (1) A formal legal proceeding means litigation, arbitration, mediation, or a legal action before an administrative decision- maker. (2) Authorized to appear means the attorney is permitted to appear in the proceeding by the rules of the jurisdiction in which the formal legal proceeding is taking place or will be taking place. (3) 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) 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 while practicing law under this rule; and (C) Has not been disbarred, has not resigned with charges pending, or is not suspended from practicing law in any other jurisdiction.

Rule 967. Non litigating attorneys temporarily in California to provide legal services

Statement of Purpose.
The purpose of this rule is to permit an attorney who is licensed to practice law in a jurisdiction in the United States other than California, and who is in California temporarily other than as part of litigation, to practice law to a limited extent in California. An attorney practicing under this rule is not engaged in the unauthorized practice of law in California.

(a) [Requirements ] For an attorney to practice law under this rule, the attorney must: (1) Maintain an office in a United States jurisdiction other than California and in which the attorney is licensed to practice law; (2) Already be retained by a client in the matter for which the attorney is providing legal services in California, except that the attorney may provide legal advice to a potential client, at the potential clients request, to assist the client in deciding whether to retain the attorney; (3) Indicate on any Web site or other advertisement that is accessible in California either that the attorney is not a member of the State Bar of California or that the attorney is admitted to practice law only in the states listed; and (4) Be an active member in good standing of the bar of a United States state, jurisdiction, possession, territory, or dependency.
(b) [Permissible activities] An attorney who meets the requirements of this rule and who complies with all applicable rules, regulations, and statutes is not engaging in the unauthorized practice of law in California if the attorney: (1) Provides legal assistance or legal advice in California to a client concerning a transaction or other non-litigation matter, a material aspect of which is taking place in a jurisdiction other than California and in which the attorney is licensed to provide legal services; (2) Provides legal assistance or legal advice in California on an issue of federal law or of the law of a jurisdiction other than California to attorneys licensed to practice law in California; or (3) Is an employee of a client and provides legal assistance or legal advice in California to the client or to the clients subsidiaries or organizational affiliates.
(c) [Restrictions] To qualify to practice law in California pursuant to this rule, an attorney must not: (1) Hold out to the public or otherwise represent that he or she is admitted to practice law in California; (2) Establish or maintain a resident office or other systematic or continuous presence in California for the practice of law; (3) Be a resident of California; (4) Be regularly employed in California; (5) Regularly engage in substantial business or professional activities in California; or (6) Have been disbarred, have resigned with charges pending, or be suspended from practicing law in any other jurisdiction.
(d) [Conditions] By practicing law in California pursuant to this rule, an attorney agrees that he or she is providing legal services in California subject to: (1) The jurisdiction of the State Bar of California; (2) The jurisdiction of the courts of this state to the same extent as is a member of the State Bar of California; and (3) The laws of the State of California relating to the practice of law, the State Bar Rules of Professional Conduct, the rules and regulations of the State Bar of California, and these rules.
(e) [Scope of practice] An attorney is permitted by this rule to provide legal assistance or legal services concerning only a transaction or other non-litigation matter.
(f) [Inherent power of Supreme Court] Nothing in this rule is to be construed as affecting the power of the Supreme Court of California to exercise its inherent jurisdiction over the practice of law in California.
(g) [Effect of rule on multi-jurisdictional 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.
(h) [Definitions] The following definitions apply to terms used in this rule: (1) A transaction or other non-litigation matter includes any legal matter other than litigation, arbitration, mediation, or a legal action before an administrative decision-maker. (2) 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) 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 under this rule; and (C) Has not been disbarred, has not resigned with charges pending, or is not suspended from practicing law in any other jurisdiction.