The following is not meant to be legal advice.
On November 8, 2007, Todd C. Toral of Nixon Peabody presented at a American Corporate Counsel event on the rules for an attorney to register when practicing law or giving legal advice in a jurisdiction where he/she may not have been admitted to the state bar.
The event was held at the Garden Court Hotel. The talk was difficult to follow because there were no handouts of the PowerPoint presentations. The presenter said that if people gave him their business cards he would email them a copy of the presentation. Sometimes one has to wonder if people ever look at presentations after an event and if giving out a business card will be used for other purposes than what is first stated.
The presentation focused on who an in house lawyer can provide advice to. Basically, an in house lawyer cannot provide advice to officers, directors, employees in their individual capacity.
California allows temporary and incidental practice of law if the attorney is not licensed in California and not a litigating attorney. However, the person cannot have an office in California.
For in house attorneys, the attorney needs to work at a company with 10 or more employees or report to someone who is licensed to practice law in California. The person must also reside in California. In California, an in house attorney not licensed to practice law in California, must register with the state bar and pay a fee. The person needs to comply with continuing education requirements. There is no difference in registration requirements depending on whether a person is paid.
The ABA web site has more information on jurisdiction practice rules.
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