Rule 5.5 - UNAUTHORIZED PRACTICE OF LAW; MULTIJURISDICTIONAL PRACTICE(a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.(b) A lawyer who is not admitted to practice in this jurisdiction shall not:(1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or(2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.(c) A lawyer admitted in another jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that:(1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;(2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;(3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternate dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission;(4) are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice; or(5) are provided to the lawyer's employer or its organizational affiliates and are not services for which the forum requires pro hac vice admission.(d) A lawyer admitted in another jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services in this jurisdiction that are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction.(e) A lawyer who provides legal services in connection with a pending or potential arbitration proceeding to be held in his jurisdiction under paragraph (c)(3) of this rule must, upon engagement by the client, certify to the Oregon State Bar that:(1) the lawyer is in good standing in every jurisdiction in which the lawyer is admitted to practice; and(2) unless the lawyer is in-house counsel or an employee of a government client in the matter, that the lawyer(i)carries professional liability insurance substantially equivalent to that required of Oregon lawyers, or(ii) has notified the lawyer's client in writing that the lawyer does not have such insurance and that Oregon law requires Oregon lawyers to have such insurance.The certificate must be accompanied by the administrative fee for the appearance established by the Oregon State Bar and proof of service on the arbitrator and other parties to the proceeding.
Or. State. Bar. R. Regul. and Polic. 5.5
Adopted 1/1/2005 Amended 1/1/2012: Paragraph (e) added. Amended 2/19/2015: Phrase "United States" deleted from paragraphs (c) and (d), to allow foreign-licensed lawyers to engage in temporary practice as provided in the rule.Defined Terms (see Rule 1.0):
"Matter"
"Reasonably"
"Tribunal"
Comparison to Oregon Code
Paragraph (a) contains the same prohibitions as DR 3-101(A) and (B).
Paragraph (b), (c), (d) and (e) have no counterpart in the Oregon Code.