Or. State. Bar. R. Regul. and Polic. 16.05

As amended through January 17, 2024

Rule 16.05 - Limited Admission of House Counsel

An attorney employed by a business entity authorized to do business in Oregon, who has been admitted to practice law in another state, federal territory or commonwealth, or the District of Columbia, or in any foreign jurisdiction, may be admitted to practice law as house counsel in this state, subject to the provisions, conditions and limitations in this rule, by the following procedure:

(1) The attorney, if at least 18 years of age, may apply for admission to practice law as house counsel by:

(a) Filing an application as prescribed in Rule 4.15; and

(b) Presenting satisfactory proof of (i) admission to the practice of law; (ii) good moral character and fitness to practice; and

(c) Providing verification by a declaration signed by the applicant and an affidavit signed by the business entity that the applicant is employed as house counsel and has disclosed to the business entity the limitations on the attorney to practice law as house counsel as provided by this rule. The required declaration and affidavit shall be in the form provided by the Board in the House Counsel Application.

(2) The applicant shall pay the application fees prescribed in Rule 4.10.

(3) The applicant shall be investigated as prescribed in Rule 6.05 to 6.15.

(4) The applicant shall take and pass the Professional Responsibility Examination prescribed in Rule 7.05.

(5) If a majority of the non-recused members of the Board considers the applicant to be qualified as to the requisite moral character and fitness to practice law, the Board shall recommend the applicant to the Court for admission to practice law as house counsel in Oregon.

(6) If the Court considers the applicant qualified for admission, it shall admit the applicant to practice law as house counsel in Oregon. The applicant's date of admission as a house counsel member of the Oregon State Bar shall be the date the applicant files the oath of office with the State Court Administrator as provided in Rule 8.10(B)(2).

(7) In order to qualify for and retain admission to practice law as house counsel, an attorney admitted under this rule must satisfy each of the following conditions, requirements and limitations:

(a) The attorney shall be limited to practice exclusively for the business entity identified in the affidavit required by section (1)(c) of this rule, and except as provided in subsection 7(f) below regarding pro bono legal services, is not authorized by this rule to appear before a court or tribunal, or to offer legal services to the public. Participating as an attorney in any arbitration or mediation that is court-mandated or is conducted in connection with a pending adjudication shall be considered an appearance before a court or tribunal under this rule.

(b) All business cards, letterhead and directory listings, whether in print or electronic form, used in Oregon by the attorney shall clearly identify the attorney's employer and that the attorney is admitted to practice in Oregon only as house counsel or the equivalent.

(c) The attorney shall pay the Oregon State Bar all annual and other fees required of active members.

(d) The attorney shall be subject to ORS Chapter 9, these RFAs, the Oregon Rules of Professional Conduct, the Oregon State Bar's Rules of Procedure, the Oregon Minimum Continuing Legal Education Rules and Regulations, and to all other laws and rules governing attorneys admitted to active practice of law in this state.

(e) The attorney shall within 30-days notify the Oregon State Bar of the occurrence of any of the following: a change in employment; a change in membership status, good standing or authorization to practice law in a state, federal territory, commonwealth, the District of Columbia, or in any foreign jurisdiction where the attorney has been admitted to the practice of law; or the commencement of a formal disciplinary proceeding in any such jurisdiction. The attorney must provide the notice required by this rule on a change of status form provided by the Oregon State Bar.

(f) An attorney admitted in another United States jurisdiction may provide pro bono legal services through a pro bono program certified by the Oregon State Bar under Oregon State Bar Bylaw 13.2, provided that the attorney has professional liability coverage for such services through the pro bono program or otherwise, which coverage shall be substantially equivalent to the Oregon State Bar Professional Liability Fund coverage plan.

(g) On or before October 1 of each year in which the attorney is licensed under this rule, the attorney must submit an annual certification of compliance, on a form provided by the Oregon State Bar, which asserts that the attorney has complied with the requirements to retain their house counsel membership. The annual certification shall include an affidavit in the form provided by the Oregon State Bar which must be signed by the attorney's employer certifying that the attorney is still employed by the business.

(8) The membership and license granted under this rule shall be automatically suspended, when:

(a) Employment by the business entity is terminated; or

(b) The attorney fails to maintain active status or good standing as an attorney in at least one state other than Oregon, federal territory, commonwealth, or the District of Columbia; or

(c) The attorney fails to submit the annual certification required by 7(g) of this rule on or before the deadline stated therein.

(9) The membership and license granted under this rule shall be automatically suspended when the attorney is suspended or disbarred for discipline, or resigns while disciplinary complaints or charges are pending, in any jurisdiction. An attorney whose admission as house counsel in Oregon has been suspended pursuant to this section, and who again seeks admission to practice in this state as house counsel, must file a new application with the Board under this rule.

(10) An attorney suspended pursuant to section (8)(a) of this rule shall be reinstated to practice law as house counsel when able to demonstrate to the Oregon State Bar that, within six months from the termination of the attorney's previous employment, the attorney is again employed as house counsel by a qualifying business entity, upon verification of such employment as provided in section (1)(c) of this rule and proof of active status in another jurisdiction. The attorney shall certify their new qualified employment through a house counsel reinstatement form provided by the Oregon State Bar.

(11) An attorney suspended pursuant to section (8)(b) of this rule shall be reinstated to practice law as house counsel when able to demonstrate to the Oregon State Bar that, within six months from the attorney's failure to maintain active status or good standing in at least one other jurisdiction, the attorney has been reinstated to active status or good standing in such jurisdiction. The attorney shall certify their reinstatement to active or good standing status in the required jurisdiction through a house counsel reinstatement form provided by the Oregon State Bar.

(12) An attorney suspended for six months or less pursuant to section (8)(c) of this rule shall be reinstated to practice law as house counsel upon submission of the annual certification required under section 7(g), together with a house counsel reinstatement form provided by the Oregon State Bar.

(13) An attorney required to submit a reinstatement form under sections (10), (11) and (12) of this rule must pay a reinstatement fee of $250 with the reinstatement form.

(14) An attorney whose admission as house counsel in Oregon has been suspended for longer than six months pursuant to section (8) of this rule, and who again seeks admission to practice in this state as house counsel, must file a new application with the Board under this rule.

(15) The admission granted under this section shall be terminated automatically when the attorney has been otherwise admitted to the practice of law in Oregon as an active member of the Oregon State Bar.

(16) For the purposes of this Rule 16.05, the term "business entity" means a corporation, partnership, association or other legal entity, excluding governmental bodies, (together with its parents, subsidiaries, and affiliates) that is not itself engaged in the practice of law or the rendering of legal services, for a fee or otherwise.

(17) For the purposes of this Rule 16.05, "tribunal" means all courts and all other adjudicatory bodies, including arbitrations and mediations described in Rule 16.05(7)(a), but does not include any body when engaged in the promulgation, amendment or repeal of administrative or other rules.

(18) All applicants pursuing admission under this rule, must complete such application and submit such other information as may be required by the Board and the Court within six months of the date of filing the application.

Or. State. Bar. R. Regul. and Polic. 16.05

Revised 1/1/2023.