Rule 55.1 - Limited permission to practice of in-house counsel(a) A lawyer admitted to the practice of law in a jurisdiction other than this state, of the United States, may apply for a Delaware Certificate of Limited Practice, which will allow the lawyer to practice law as in-house counsel in this state. In-house counsel who is eligible for this certificate must be employed in the state as a lawyer working exclusively for a for-profit or a non-profit corporation, association, or other organizational entity, which can include its subsidiaries and affiliates, the business of which is lawful and is other than the practice of law or the provision of legal services (hereinafter termed "Employer"). Such lawyers may make no court appearances or engage in other activities for which Supreme Court Rules 71 and 72 pro hac vice admission is required except as permitted by Supreme Court Rule 57. The Delaware Certificate of Limited Practice does not authorize the provision of legal services to the Employer's officers or employees in their personal capacities. (1) Lawyers admitted to practice in a jurisdiction outside of the United States may apply individually to the Supreme Court for a Delaware Certificate of Limited Practice, pursuant to the provisions of this Rule.(2) In-house counsel currently practicing law on behalf of an Employer in this state, but without a certificate, will be granted a period of one (1) year from the effective date of this Rule to file for a practice certificate without penalty, so long as all other requirements of this Rule are met. Current in-house lawyers who have been inactive members of another bar for five (5) years or more, and are not otherwise active members of any other bar, may continue in that status but must comply with all provisions and obligations of this Rule and with the continuing legal education requirements of an active member of the Delaware Bar.(b) An applicant for a Delaware Limited Practice Certificate shall:(1) File under oath the Supreme Court's form application for a Delaware Limited Practice Certificate.(2) Furnish a certificate signed by the licensing authority in each jurisdiction in which the applicant is admitted to practice law, stating that the applicant is licensed to practice law and is, with the exception provided in section (a)(2) above, an active member in good standing at the bar of at least one of those jurisdictions.(3) File affidavit on a form furnished by the Supreme Court, from an officer, principal, or partner of the applicant's. Employer who attests: (A) that the applicant is employed as a lawyer to provide legal services exclusively to the Employer, which can include its subsidiaries and affiliates and, with the exception provided in section (a)(2) above, certifies that the applicant will remain an active member in good standing of another state or national bar during the entire course of his or her employment.(B) that the nature of the applicant's employment conforms to the requirements of this Rule; and(C) that the Employer shall notify the Supreme Court immediately upon the termination of the applicant's employment.(4) Certify that the applicant has read and is familiar with the Delaware Lawyers' Rules of Professional Conduct.(5) Pay an application fee in the amount of $100 dollars.(c) During the period in which an application for a Delaware Certificate of Limited Practice is pending with the Supreme Court, the applicant may be employed in the state as an in-house counsel on a provisional basis by an Employer whose affidavit is filed pursuant to section (b)(3) above.(d) Upon finding that the applicant has complied with the requirements of section (b) above, the Supreme Court shall notify the applicant that he or she is eligible to be issued a Delaware Certificate of Limited Practice. Each applicant shall take and subscribe to the following oath or affirmation: I__________, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Delaware; and that I shall conduct myself strictly in accordance with all the terms and conditions of the Rules of the Delaware Supreme Court, in particular Rule 55.1; that I will behave myself in the office of an In-House Counsel according to the best of my learning and ability and with all good fidelity as well to the Court as to the client; that I will use no falsehood nor delay any person's cause through lucre or malice.
After the applicant has taken and subscribed to the foregoing oath or affirmation, the applicant shall be issued a certificate entitling the applicant to practice law in the state as provided in this Rule.
(e) The privileges and responsibilities of practice by in-house counsel operating under a valid certificate in this state shall include all privileges and responsibilities otherwise applicable to other Members of the Delaware Bar. Accordingly, lawyers registered under this Rule shall be deemed to be practicing law in Delaware limited to the provisions of Rule 55.1 and are thus subject to: (1) all rules governing the practice of law in Delaware. Jurisdiction of the Supreme Court shall continue whether or not the lawyer retains the Delaware Certificate of Limited Practice and irrespective of the lawyer's continued presence in the state; and(2) the fulfillment of Supreme Court's requirements for continuing legal education, if applicable in accordance with section (a)(2) above, or the requirements of the other sate or states or jurisdictions in which the in-house or federal agency lawyer is admitted to practice law.(f) Each person issued a Delaware Certificate of Limited Practice shall promptly report to the Supreme Court any change in employment, any change in bar membership status in any jurisdiction of the United States where the applicant has been admitted to the practice of law, or the imposition of any disciplinary sanction in such jurisdiction by any federal court, state court or agency before which the applicant has been admitted to practice, or in any state in which the attorney has rendered legal services while temporarily authorized under Rule 5.5. This provision shall apply also to any certificated lawyer admitted to practice in a jurisdiction outside of the United States.(g) While the practice of a lawyer registered under this Rule is limited to practice for the Employer furnishing the affidavit required by this Rule, a lawyer registered under this Rule may participate in the provision of any and all legal services pro bono publico in Delaware offered under the auspices of organized legal aid societies or state/local bar association projects, or provided under the supervision of a Member of the Delaware Bar who is also working on the pro bono representation.(h) If there is a change in circumstances and:(1) An attorney admitted pursuant to this Rule becomes ineligible for limited practice, in accordance with its provisions, both the attorney and the attorney's employer shall immediately provide written notification to the Clerk of the Delaware Supreme Court of that change in circumstance.(2) An attorney admitted pursuant to Rule 55.1 and who has become employed by a different employer, but continues to meet all of the requirements of Supreme Court Rule 55.1 may seek to transfer the attorney's certificate to the new employer. Both the attorney and the attorney's new employer shall immediately provide notification to the Clerk of the Delaware Supreme Court of that change in circumstance and file a new employer affidavit, no less than 30 days from the date of the change in circumstance.(i) The applicant's authority to practice law as granted under this Rule shall be automatically suspended when:(1) employment by the Employer furnishing the affidavit required by this Rule is terminated, except, those attorneys applying for a certificate transfer under Rule 55.1(b)(2);(2) the lawyer fails to comply with any provision of this Rule; or(3) when the lawyer is suspended or disbarred for disciplinary reasons in any jurisdiction of the United States or by any federal court or agency or by any foreign nation before which the lawyer has been admitted to practice. Any lawyer whose authority to practice is suspended under sections (i)(2) or (i)(3) above may be considered for reinstatement in accordance with Rule 22 of the Delaware Lawyers' Rules of Disciplinary procedure.
(j) The Supreme Court may adopt such additional regulations as needed to implement the requirements of this Rule.(k) After the effective date of this Rule, any attorneys newly hired as an in-house counsel by an eligible organization must be admitted pursuant to this Rule within 90 days from the date of employment to comply with its provisions.Last amended 5/24/2016, effective immediately.