In-House MJP:
Practice by In-House Lawyers In States In Which They Are Not Licensed.

The following rules and statutes address whether and if so when in-house counsel who are not licensed in a state may provide legal advice to his employer, or its affiliates or related parties. I will add more authorities as I locate them, so if you are aware of particular statutes, rules, or decisions, please let me know. I also just found this table which overlaps in part with the information below. Finally, a group of general links can be found here. Also, if you want a complete list of search results for "MJP" at ACCA.com, click here.

District of Columbia.

(a) General Rule. No person shall engage in the practice of law in the District of Columbia or in any manner hold out as authorized or competent to practice law in the District of Columbia unless enrolled as an active member of the District of Columbia Bar, except as otherwise permitted by these Rules.
(b) Definitions. The following definition apply to the interpretation and application of this rule:

(1) "Person" means any individual, group of individuals, firm, unincorporated association, partnership, corporation, mutual company, joint stock company, trust, trustee, receiver, legal or business entity.
(2) "Practice of Law" means the provision of professional legal advice or services where there is a client relationship of trust or reliance. One is presumed to be practicing law when engaging in any of the following conduct on behalf of another:

(A) Preparing any legal document.... intended to affect interests in real or personal property... instruments intended to affect the disposition of property of decedents estates, other instruments intended to affect or secure legal rights, and contracts except routine agreements incidental to a regular course of business.
(B) Preparing or expressing legal opinions;
(C) Appearing or acting as an attorney in any tribunal;
(D) Preparing any claims, demands or pleadings of any kind, or any written documents containing legal argument or interpretation of law, for filing in any court, administrative agency or other tribunal;
(E) Providing advice or counsel as to how any of the activities described in subparagraph (A) through (D) might be done, or whether they were done, in accordance with applicable law;
(F) Furnishing an attorney or attorneys, or other persons, to render the services described in subparagraphs (a) through (e) above.

(3) "In the District of Columbia" means conduct in, or conduct from an office or location within, the District of Columbia where the personŐs presence in the District of Columbia is not of incidental or occasional duration.
(4) "Hold out as authorized or competent to practice law in the District of Columbia," means to indicate in any manner to any other person that one is competent, authorized, or available to practice law from an office or location in the District of Columbia. Among the characterizations which give such an indication are....

(6) Internal Counsel: Providing legal advice only to one's regular employer, where the employer does not reasonably expect that it is receiving advice from a person authorized to practice law in the District of Columbia....

Section (c)(6) is new. It is intended to state explicitly and clearly an accepted interpretation of the original rule.

The provision of advice, and only advice, to one's regular employer, where the employer does not reasonably expect that it is receiving advice from an unauthorized member of the District of Columbia bar, and no third party is involved as client or otherwise, is considered to be the employer's provision of advice to itself; and, accordingly, it is not considered practicing law.

For example, an internal personnel manager advising her employer on the requirements of equal employment opportunity law, or a purchasing manager who drafts contracts, fall within this exception, as they do not give the employer a reasonable expectation that it is being served by an authorized member of the District of Columbia Bar. Similarly, a lawyer on the staff of a trade association who gives only advice concerning leases, personnel and contractual matters, would be covered by the exception if, in fact, the lawyer does not give the employer reason to believe she is an authorized member of the Bar.

This exception is a limited one arising from the position of the lawyer, the confinement of the lawyer's professional services to activities internal to the employer, and the absence of conduct creating a reasonable expectation that the employer is receiving the services of an authorized member of the Bar.

Kansas.

(a) Any applicant for admission to the Bar of Kansas who was duly admitted to and continuously licensed for the practice of law upon written examination by the highest Court of another state's judicial system or that of the District of Columbia, and who has accepted or intends to accept or continue employment by a person, firm, association, corporation, or accredited law school engaged in business in Kansas other than the practice of law, and whose full time is, or will be, limited to the business of such employer, and who receives, or will receive, his or her entire compensation from such employer for the rendering of services, which include legal services, may be granted a special temporary permit to practice law in Kansas and the Courts of this state, without examination, upon showing that the applicant:

(1) when first admitted in another jurisdiction was fully qualified to have taken the bar examination in Kansas under the Rules of the Supreme Court then in effect;
(2) has satisfied any applicable continuing legal education requirements specified by the rules of the jurisdictions in which applicant has been admitted prior to making application in Kansas; and
(3) is now and has been a person of good moral character and in all respects is a proper person to be granted a special temporary permit to practice law in this state.

A special temporary permit granted under the provisions of this rule shall remain in effect for so long as such person remains in the employ of, and devotes his or her full time to the business of, and receives compensation for legal services from no source other than such employer. Upon the termination of such employment, the right of such person to practice law in Kansas shall terminate unless he or she shall have accepted like employment with another Kansas employer. Persons granted a temporary permit under this rule shall be subject to all of the rules for practice in this state, including the requirements for continuing legal education.
(b) Each applicant for a special temporary permit under this rule shall file in duplicate on forms approved by the court and procured from the Clerk of the Appellate Courts:

(1) a verified petition to the Supreme Court;
(2) a written certificate signed by a judge of a trial court of general jurisdiction and three members of the bar from the jurisdiction where he or she has been admitted, or other evidence satisfactory to the Board that the applicant is a person of good moral character;
(3) a written certificate from the authority charged with the administration of discipline in each jurisdiction in which the applicant holds or has held a license to practice law and in which he or she has actively practiced or taught law, certifying that the applicant is in good standing, has not been disciplined by such jurisdiction for violations of the Code of Professional Responsibility, Model Rules of Professional Conduct or any other ethical standards therein applicable, and that there are no complaints of such violations then pending against the applicant;
(4) where required by the rules of such jurisdictions, a written certificate from the authority charged with the administration of continuing legal education in the jurisdictions in which the applicant has been admitted to practice, certifying that the applicant has satisfied the continuing legal education requirements of such jurisdictions for any required years prior to making application in Kansas;
(5) a written certificate from the employer of such applicant evidencing the applicant's employment by such employer and that his or her full-time employment will be by such employer in Kansas; and
(6) such other and further information as the Board may require in the consideration of his or her application.

(c) The Board shall review each application for a special temporary permit under this rule and, if deemed necessary, shall interview each applicant for a special temporary permit under this rule, and will report it s findings and recommendations in writing to the Supreme Court. If the board shall recommend granting of the application, the Supreme Court may grant the applicant a special temporary permit to practice law in Kansas and in the courts of this state. The special temporary permit shall recite that it is issued under this rule, and shall limit the licensee to perform only (a) legal services for the employer's business or (b) matters for which a court makes a specific appointment. Such special temporary permit shall expire upon (i) termination of the applicant's employment by his full-time employer, or (ii) admission of the applicant to practice in Kansas under the terms of Rule 704, or, if the applicant shall fail the bar examination, at the date the results of the examination are announced.
(d) When an application under this rule is granted by the Supreme Court, the applicant shall take the oath, sign a roll of attorneys granted special temporary permits to practice law in this state and the Clerk shall issue to the applicant the permit as provided in subparagraph (c) above.
(e) If the Board shall recommend denial of an application made under this rule, it shall file its report with the Clerk of the Appellate Courts, who shall thereupon mail or otherwise furnish a copy to the applicant. The applicant may, within twenty days from the date the report was filed with the Clerk, or such other period as the Supreme Court may prescribe, file with the Clerk exceptions to the Board's report. A copy of such exceptions, if any, shall be forwarded by the Clerk to the secretary of the Board. Within twenty days of the filing of the exceptions of the applicant, the Board may file with the Clerk such additional information or material as it deems appropriate, whereupon the matter shall stand submitted and the Supreme Court shall proceed to consider the same.
(f) Time in practice under a special temporary permit issued pursuant to this rule may not be used to satisfy requirements of any statute or regulation of the State of Kansas.
(g) Any applicant for admission under Rule 706 who withdraws or fails to pursue his or her application within one year of the date of filing thereof, shall thereafter be required to file a new application and pay the same fee required for the initial application. However, if the failure of an applicant to pursue said application during such period is the result of delay attendant to investigation of applicant's fitness and/or character, the need for a hearing thereon, or actions of the Disciplinary Administrator, the Board of Law Examiners, or the Supreme Court, such period shall be extended for such additional time as shall be determined by the Board.

For the full text, click here.

Maryland.

Maryland Businesses, Occupations & Professions Code provides, in pertinent part:

(a) Except as otherwise provided by law, before an individual may practice law in the State, the individual shall:

(1) be admitted to the Bar; and
(2) meet any requirement that the Court of Appeals may set by rule.
* * * * *

(d) (1) Subject to paragraph (2) of this subsection, this section does not apply to an individual while giving legal advice to a corporation in this State if the individual is:

(i) employed by the corporation; and
(ii) admitted to the bar of any other state.

(2) An individual who gives legal advice under this subsection: (i) is subject to disciplinary proceedings as the Maryland Rules provide; (ii) may not appear before a unit of the State government or of a political subdivision unless a court grants the individual a special admission in accordance with 10-215 of this subtitle.

Michigan.

Michigan has an interesting, narrow exception for in-house counsel provides:

An attorney ineligible for admission without examination because of the inability to satisfy Rule 5(A)(6); and practicing law in an institutional setting, e.g, counsel to a corporation or instructor in a law school, may apply to the Board for a special certificate of qualification to practice law. The applicant must satisfy Rule 5(A)(l)- (4), and comply with Rule 5(B). The Board may then issue the special certificate, which will entitle the attorney to continue current employment if the attorney becomes an active member of the State Bar. If the attorney leaves the current employment, the special certificate automatically expires; if the attorney's new employment is also institutional, the attorney may reapply for another special certificate.

Rule 5(A)(1) to (4) and Rule 5(B) in turn provide:

An applicant for admission without examination must:

1. qualify under Rules 1 and 2(B);
2. be licensed to practice law in the United States, its territories, or the District of Columbia;
3. be a member in good standing of the Bar where admitted;
4. intend in good faith to maintain an office in this state for the practice of law;

*****

B. An applicant must submit the National Conference of Bar Examiners' Request for Preparation of a Character Report along with other material required by the Board and payment of the fees.

For the full text, click here.

Minnesota.

Minnesota Rule Governing Admission to the Bar 9 provides in full:

A. Eligibility. An attorney licensed in another state or the District of Columbia may apply for and obtain a temporary license to practice law in Minnesota when the applicant is employed in Minnesota as an attorney solely for a single corporation (or its subsidiaries), association, business or governmental entity whose lawful business consists of activities other than the practice of law or the provision of legal services.
B. Requirements. In order to qualify for the license, the attorney must file with the Board of Law Examiners the following:

(1) A completed application for license to practice law in Minnesota
(2) A certificate of the highest court of the state of licensure certifying that the attorney is in good standing and that no charges of professional misconduct are pending;
(3) An affidavit from an officer, director or general counsel of applicant's employer or parent company employer attesting to the fact that applicant is employed as an attorney solely for said employer, that applicant is an individual of good character, and that the nature of the employment meets the requirements of section A of this Rule;
(4) An affidavit of applicant attesting to applicant's full-time practice of law for at least five of the previous seven years;
(5) A fee consistent with Rule 11(E).

C. Certification of the Applicant's Good Character and Fitness. An expedited character and fitness investigation will be conducted and the Director's initial certification of the applicant's good character and fitness made before issuance of a license pursuant to this Rule.
D. Limitation. A license granted pursuant to this Rule shall authorize the attorney to practice solely for the designated employer
E. Duration and Revocation. This Temporary License shall be valid for a period of no more than twelve months from the date of issuance. Upon notice to the Clerk of Appellate Courts, the Board shall have authority to revoke a temporary license issued pursuant to this Rule upon the occurrence of any of the following:

(1) The holder's admission to practice law in Minnesota pursuant to Rule 6 (Admission by Examination) , Rule 7(A) (Eligibility by Practice) or Rule 7(B) (Eligibility by Examination Score);
(2) Termination of holder's employment with the employer referenced in Rule 9(B)(3);
(3) Issuance of an adverse determination pursuant to Rule 14(A).

For the full text, click here.

Missouri.

Missouri rule for limited admission of in-house counsel, Missouri Supreme Court Rule 8.105, provides:

(a) A lawyer admitted to the practice of law in another state or territory of the United States may receive a limited license to practice law in this state when the lawyer is employed in Missouri as a lawyer exclusively for: a corporation, its subsidiaries or affiliates; an association; a business; or a governmental entity whose lawful business consists of activities other than the practice of law or the provision of legal services, if the lawyer:

(1) Is a graduate of a law school that at the time of the lawyer's graduation was approved by the American Bar Association.
(2) Has filed an application for a limited license pursuant to this Rule 8.105 with the Clerk of this Court containing the following:

(A) A written application in the form prescribed by the Board,including a sworn statement of the applicant that no complaints with any disciplinary authority are pending in any jurisdiction and that no charges of professional misconduct are pending against the applicant in any jurisdiction;
(B) An affidavit signed by two members, other than members associated with the applicant in the practice of law, of the bar in the state or territory in which the applicant practiced establishing the applicant's admission to the practice of law in that jurisdiction;
(C) An affidavit of good moral character signed by two members of the bar of this state;
(D) An affidavit from an officer, director or general counsel of the applicant's employer in this state attesting the fact that the applicant is employed as a lawyer exclusively for the employer, that the applicant is an individual of good moral character, and that the nature of the employment conforms to the requirements of this Rule 8.105;
(E) The application form for a character and fitness report then being used by the Board;
(F) The non-refundable prescribed application fee; and
(G) A certificate of good standing from the highest court of the state of admission and a statement from the disciplinary authority of each state in which the applicant is admitted or licensed.

(3) Otherwise meets the character and fitness requirements of Rule 8.05.
(4) Receives the recommendation and approval of the Board as provided in Rule 8.07.

(b) The application, affidavits, and other materials, including the report of character and fitness, shall be sent by the Clerk of this Court to the Board for consideration and recommendation to this Court.
(c) Licensure pursuant to this Rule 8.105 is not a matter of right and shall be granted only in those cases where the public interest, considering the character, background and employment of the applicant, is furthered by issuing a license.
(d) The license issued pursuant to this Rule 8.105 only authorizes the lawyer to practice exclusively for the employer filing the affidavit required by Rule 8.105(a)(2)(D) and to engage in pro bono work with an organization approved for this purpose by The Missouri Bar. In all other respects, the lawyer receiving a license pursuant to this Rule 8.105 shall be deemed a lawyer licensed to practice law in this state.
(e) A limited license issued pursuant to this Rule 8.105 shall be valid for five years from the date of issuance. The license is automatically terminated if the lawyer is admitted to the practice of law pursuant to any other provision of this Rule 8. The license is automatically suspended if the lawyer's employment by the employer filing the affidavit required by this Rule 8.105(a)(2)(D) is terminated. If a lawyer's employment is terminated but the lawyer is immediately thereafter employed by an employer filing the affidavit required by this Rule 8.105(a)(2)(D), the limited license shall be reinstated for the remainder of the period of five years from the date the license originally was issued.
(f) A limited license issued pursuant to this Rule 8.105 may be renewed for successive periods of five years each as provided in the regulations of this Rule 8.105 upon approval by this Court.
(g) The period of time a lawyer practices law with a license issued pursuant to this Rule 8.105 shall not be used by the lawyer to fulfill the requirements of Rule 8.10.
(h) A lawyer admitted pursuant to this Rule 8.105 is required to meet the continuing legal education requirements specified in Rule 15.

For the full text, click here.

North Carolina

North Carolina General Statutes Section 84-4 provides in part:

Except as otherwise permitted by law, it shall be unlawful for any person... except active members of the Bar of the State of North Carolina admitted and licensed to practice as attorneys-at-law, to appear as attorney or counselor at law in any action or proceeding....; to maintain, conduct, or defend the same, except in his own behalf as a party thereto; or, by word, sign, letter, or advertisement, to hold out himself... as competent or qualified to give legal advice or counsel, or to prepare legal documents, or as being engaged in advising or counseling in law or acting as attorney or counselor-at-law, or in furnishing the services of a lawyer or lawyers; and it shall be unlawful for any person... except active members of the Bar, for or without a fee or consideration, to give legal advice or counsel, perform for or furnish to another person, firm, or corporation, any legal document.....

State v. Pledger, 127 S.E.2d 337, 339-40 (N.C. 1962) recognizes that it is onlydocuments prepared for the corporate employer that are excepted. That court held that out-of-state in-house counsel who prepared deeds of trust regarding the sale of North Carolina property did not engage in the unauthorized practice of law with respect to actions undertaken on behalf of his employer in preparing deeds of trusts, since the attorney was employed by the company and the company was engaged in the business of selling homes, and therefore the lawyer was not providing advice to "another.... corporation" under this statute. However, held that the State had made a claim for the unauthorized practice with respect to services provided by that same lawyer to a separate company, stating:

Designed for Living, Inc. is a foreign corporation with its principal office in Atlanta, Georgia. In his argument in Supreme Court defendant's counsel stated that this corporation is a finance company. The evidence in the record... permits the inference that defendant [house counsel] was not such agent or employee of Designed for Living, Inc., as to allow him to prepare deeds of trust on its behalf without being liable to the penalty of the statute. As to defendant, this corporation was "another... corporation" within the meaning of the statute....

Id. at 340.

Ohio.

Rule VI, Section IV, of the Rules Governing the Bar of the State of Ohio provides:

(A) An attorney who is admitted to the practice of law in another state, but not in Ohio, and who is employed full-time by a nongovernmental Ohio employer may register for corporate status by filing a Certificate of Registration and paying the fee as required by Section 1 of this rule. The Clerk may require additional information and documents, including a certificate of admission and good standing from the state in which the attorney is admitted, from an attorney who registers for corporate status. An attorney who is granted corporate status may perform legal services in Ohio solely for a nongovernmental Ohio employer, as long as the attorney is a full-time employee of that employer. Registration under this section shall be effective and may be renewed biennially only as long as the attorney is so employed. An attorney who is granted corporate status shall promptly notify the Attorney Registration Office in writing upon termination of full-time employment with the Ohio employer.
(B) An attorney who is granted corporate status may not practice before any court or agency of this state on behalf of the attorney's employer or any person except himself or herself, unless granted leave by the court or agency.
(C) An attorney who is admitted to the practice of law in another state, but not in Ohio, and who performs legal services in Ohio for his or her employer, but fails to register in compliance with this section or does not qualify to register under this section, may be referred for investigation of the unauthorized practice of law under Gov. Bar R. VII, Section 3 and shall be precluded from applying for admission without examination under Gov. Bar R. I, Section 8. **(Cross Reference should read Gov. Bar R. I, Section 9.)**
(D) Division (A) of this section shall not apply to an attorney who is admitted to the practice of law in another state, but not in Ohio, and who is employed by, associated with, or a partner in an Ohio law firm. Until the attorney is admitted to the practice of law in Ohio, the attorney may not practice law in Ohio, hold himself or herself out as authorized to practice law in Ohio, or practice before any nonfederal court or agency in this state on behalf of any person except himself or herself, 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.

See also, In re Stage, 692 N.E.2d 993 (Ohio 1998).

Oklahoma

Oklahoma Statutes Annotated Title 5, Rule 2, ? 6 (West. Supp. 2000)provides in pertinent part:

Any person who is admitted to the practice of law in another state who becomes a resident of Oklahoma to accept or continue employment by a person, firm, association or corporation engaged in business in Oklahoma other than the practice of law, whose full time is, or will be, devoted to the business of such employer, and who receives, or will receive, his or her entire compensation from such employer for applicant's legal services, may be granted a Special Temporary Permit to practice law in Oklahoma, without examination, so long as such person remains in the employ of, and devotes his or her full time to the business of, and receives compensation for legal services from no other source than applicant's said employer. Upon the termination of such employment or transfer outside the State of Oklahoma, the right of such person to practice law in Oklahoma shall terminate unless such person shall have been admitted to practice in this state pursuant to some other rule. The application must comply....

Texas.

Texas has no rule that I could locate. However, on the Texas Board of Law Examiner's home page is a policy statement which you can view by clicking here.

Virginia.

Virginia Supreme Court Rule Pt. 6 Sec. I(b) and Opinion 178 from its UPL committee address this issue.