Section 6 - Corporate Counsel Attorney Registration(A)DefinitionsAs used in this section:
(1) "Pro bono legal service" means legal service provided either to a person of limited means or to a charitable organization.(2) "Qualified employer" means a nongovernmental employer whose business is lawful and consists of activities other than the practice of law or the provision of legal services. "Qualified employer" shall include the employing entity or its organizational affiliates, including entities that control, are controlled by, or are under common control with the employer and the employees, officers, and directors of such entities.(B)Registration requirement(1) An attorney who is admitted to the practice of law in another state, the District of Columbia, or a territory of the United States, but not admitted in Ohio, who commences employment as an attorney in Ohio for a qualified employer, and who, has a systematic and continuous presence in Ohio as permitted pursuant to Prof.Cond.R. 5.5(d)(1) shall register for corporate counsel status pursuant to division (C) of this section.(2) An attorney who is admitted to the practice of law in another state, the District of Columbia, or a territory of the United States, but not in Ohio, and who is employed by, associated with, or a partner in a law firm shall not be eligible to register for corporate counsel status pursuant to division (C) of this section. Until the attorney is admitted to the practice of law in Ohio or affirmatively authorized to practice law in Ohio pursuant to a Supreme Court rule or order, the attorne y may not practice law in Ohio, hold the attorney's self out as authorized to practice law in Ohio, or practice before any nonfederal court or agency in Ohio on behalf of any person except the attorney's self, unless granted leave by the court or agency. The law firm may include the name of the attorney on its letterhead only if the letterhead includes a designation that the attorney is not admitted in Ohio.(C)Registration applicationAn attorney who is required to register for corporate counsel status registration pursuant to division (B)(1) of this section shall file all of the following with the Office of Attorney Services:
(1) An application on a form provided by the office;(2) A non-refundable application fee of five hundred dollars;(3) The registration required for attorneys pursuant to this rule for the current biennium and each biennia during which the applicant is employed by a qualified employer;(4) The fee required for Ohio attorneys registering for active status pursuant to Section 2 this rule;(5) A certificate of good standing, dated no more than sixty days prior to the submission of the application, from each jurisdiction in which the applicant is admitted to the practice of law, including verification the applicant is active and eligible to practice in at least one jurisdiction;(6) An affidavit from the applicant's qualified employer that does all of the following: (a) Certifies that it meets the definition of a qualified employer as defined in division (A)(2) of this section;(b) Attests to the applicant's employment as an attorney by the employer;(c) Attests that the employment conforms to the requirements of this section;(d) Confirms the date of commencement of the attorney's employment;(e) Attests the employer is aware the attorney is not admitted to the practice of law in Ohio.(7) Any other documents or information as deemed necessary by the office to determine eligibility to register for corporate counsel status pursuant to this section.(D)Biennial registrationAn attorney registered for corporate counsel status under this section shall register biennially with the Office of Attorney Services of the Supreme Court pursuant to this rule and shall be subject to all registration requirements for attorneys, including late registration, suspension, and reinstatement.
(E)Failure to register An attorney who is admitted to the practice of law in another state the District of Columbia, or a territory of the United States, but not in Ohio, and who performs legal services in Ohio for a qualified employer, but fails to file an application for corporate counsel status under this section within one hundred eighty days of commencing employment as an attorney for the qualified employer in compliance with this section or does not qualify to register under this section, shall be referred for investigation of the unauthorized practice of law under Gov. Bar R. VII and, at the discretion of the Chief Justice, may be precluded from applying for admission without examination under Gov. Bar R. I. An attorney who registers within one hundred eighty days of commencing employment pursuant to this section shall not be deemed to have engaged in the unauthorized practice of law pursuant to Gov.Bar R. VII.
(F)Scope of practice(1) An attorney who is registered for corporate counsel status under this section may perform legal services the qualified employer but only on matters directly related to the attorney's work for the qualified employer and only to the extent consistent with Prof.Cond.R. 1.7.(2) An attorney registered under this section shall not do either of the following: (a) Appear before a court or any other tribunal in Ohio on behalf of the attorney's employer or any person except for the lawyer's self, except if granted leave by the court or tribunal as provided in Gov.Bar R. XII;(b) Offer or provide legal services or advice to any person other than as described in division (F)(1) of this section, or hold the attorney's self out as being authorized to practice law in Ohio other than as described in division (F)(1) of this section.(G) Pro bono legal service. Notwithstanding division (F) of this section, an attorney registered for corporate counsel status under this section may provide pro bono legal service if the legal service is assigned or, verified, and reported to the Commission on Continuing Legal Education by any of the following: (1) An organization receiving funding for pro bono programs or services from the Legal Services Corporation or the Ohio Access to Justice Foundation;(2) A metropolitan or county bar association;(3) The Ohio State Bar Association;(4) The Ohio Access to Justice Foundation;(5) Any other organization recognized by the Commission pursuant to Gov.Bar R. X, Sec. (5)(H).(H) Application of rules (1) An attorney registered for corporate counsel status under this section shall be subject to all rules and requirements governing the practice of law in Ohio, including the Ohio Rules of Professional Conduct.(2) Upon admission to the practice of law in Ohio pursuant to Gov. Bar R. I, an attorney registered for corporate counsel shall not be subject to the requirements of this section.(I)Continuing legal education requirements An attorney registered for corporate counsel status under this section shall comply with the continuing legal education requirements of Gov.Bar R. X.
(J) Obligation to provide and update contact information An attorney registered for corporate counsel status under this section shall provide the Office of Attorney Services with the attorney's current residence address, office address, office telephone number, and office or residence e-mail address and shall notify the office of any change in the information provided through the registration completed by the attorney registration pursuant to division (C) of this section.
(K) Obligation to report An attorney registered for corporate counsel status under this section shall notify the Office of Attorney Services within ten days of any of the following:
(1) Termination of the attorney's employment that was the basis for the attorney's registration as corporate counsel;(2) Any change in the attorney's license status in another jurisdiction, including the attorney's resignation from the practice of law;(3) The imposition of any disciplinary finding or sanction in any state, the District of Columbia, or a territory of the United States where the attorney has been admitted to the practice of law.(L) Termination of registration The limited authority to practice law of an attorney registered for corporate counsel status under this section shall automatically terminate upon the occurrence of any of the following:
(1) The employment that was the basis for the attorney's registration for corporate counsel terminates; (2) The attorney ceases to maintain active status in at least one other state or the District of Columbia or a territory of the United States;(3) The attorney fails to maintain current good standing in at least one other state or the District of Columbia or a territory of the United States in which the attorney is admitted to the practice of law;(4) The attorney is suspended or disbarred for disciplinary reasons in any state, the District of Columbia or a territory of the United States or by any federal court or agency in which the attorney has been admitted to the practice of law.(M) Reinstatement of registration An attorney registered for corporate counsel status under this section whose registration is terminated pursuant to division (J) of this section may reapply for such status by submitting an application pursuant to division (C) of this section.
Not analogous to former Rule VI, effective 2/28/1972; amended effective 1/1/1981; November 17, 1982; July 1, 1983; May 13, 1985, July 1, 1986; January 1, 1989; July 1, 1991; September 1, 1991; January 1, 1992; July 1, 1992; July 1, 1993; January 1, 1995; July 1, 1995; November 1, 1995; July 1, 1997; July 1, 1999; November 28, 2000; June 1, 2002; August 19, 2002; November 1, 2002; July 1, 2003; July 1, 2005, September 1, 2005; July 1, 2007; September 1, 2007; January 1, 2008; May 1, 2009; September 1, 2010; January 1, 2012; January 1, 2013; November 1, 2013; January 1, 2015; April 1, 2015; December 1, 2015; July 1, 2016; effective 9/15/2016;Amended October 17, 2017, eff. 11/1/2017; amended November 13, 2019, effective 2/1/2020; amended November 13, 2019, effective 2/1/2020; amended February 9, 2023, effective 7/1/2023; amended March 13, 2024, effective 3/13/2024.