For nonresident attorneys seeking to practice as in-house Lawyer Counsel in North Dakota, understanding Rule 3(C) of the Admission to Practice Rules is essential. This rule allows lawyers licensed in other jurisdictions, but not in North Dakota, to register and provide legal services within the state under specific conditions. This guide outlines the requirements and process for nonresident in-house counsel registration in North Dakota.
Eligibility for Nonresident In-House Counsel
Rule 3(C) stipulates that a nonresident lawyer can register with the North Dakota Board of Law Examiners if they are employed in North Dakota as in-house counsel. This employment must be exclusively for a corporation, its subsidiaries or affiliates, an association, or a business whose primary activities are not the practice of law or provision of legal services. To be eligible, the lawyer counsel must be admitted and licensed to practice law in another US state or the District of Columbia and meet the general qualifications for law practice in North Dakota, excluding the state’s time-in-residence requirements.
Registration Procedure for Lawyer Counsel
To register as in-house lawyer counsel, nonresident attorneys must undertake the following steps annually:
- Affidavit Submission: File an affidavit requesting permission to render legal services for the calendar year. This affidavit must include all information mandated by Rule 3(C)(1)(a), which typically involves personal and professional details.
- Employer Attestation: An officer, director, or general counsel of the employing organization in North Dakota must file a separate affidavit. This attestation confirms the registrant’s employment as an exclusive lawyer counsel, affirms their good moral character, and validates that the nature of employment aligns with the requirements of Rule 3(C).
- Fee Remittance: A fee of $380, payable via check or money order to the State Board of Law Examiners, must be remitted. Credit card payments are not accepted.
All required documents and payments should be mailed to:
State Board of Law Examiners
600 E. Boulevard Ave.
Bismarck, ND 58505-0530
Annual Registration and Duration Limits
Registration and the annual fee are mandatory for each calendar year a nonresident lawyer counsel provides legal services in North Dakota under Rule 3(C). It’s important to note that this registration is limited. A nonresident lawyer can practice under Rule 3(C) for a maximum of five years or until they become eligible for full admission to the North Dakota bar based on practice under Rule 7(A), whichever occurs first. After this period, full admission to the North Dakota bar is required for continued legal practice in the state.
Termination and Continuing Legal Education
Permission to practice as in-house lawyer counsel automatically terminates at the end of each calendar year. It also terminates if the employment with the sponsoring employer ends or if the lawyer becomes eligible for admission under Rule 7(A). Registered in-house counsel are also obligated to meet Continuing Legal Education (CLE) requirements. They must complete at least 45 hours of approved CLE coursework every three years and file reports as per the North Dakota Rules for Continuing Legal Education.
In conclusion, Rule 3(C) provides a pathway for nonresident attorneys to serve as in-house lawyer counsel in North Dakota. Compliance with the registration process, annual renewal, and CLE requirements is crucial for maintaining legal standing and providing valuable legal services within the state.
