Kara Sears
Foreign lawyers who are licensed outside the United States can practice foreign law in New Jersey as Foreign In-House Counsel under certain conditions. To be eligible, they must be employed by a corporation, partnership, or other legal entity in New Jersey and must register with the Secretary of the Board of Bar Examiners. They can then advise on foreign law but cannot appear as an Attorney of Record for their employer or provide legal advice on United States or New Jersey law. Foreign lawyers can also become certified as foreign legal consultants by the New Jersey Supreme Court, allowing them to provide legal services within the state, but they must associate and consult with a New Jersey attorney.
| Characteristics | Values |
|---|---|
| Can foreigners practice law in NJ? | Foreign lawyers can practice foreign law in New Jersey as Foreign In-House Counsel. |
| Who can become a Foreign In-House Counsel? | A foreign lawyer who is employed by a corporation, partnership, association, or other legal entity in New Jersey. |
| What are the requirements? | The applicant must be a member in good standing of the bar of the highest court of each foreign and US jurisdiction in which they are licensed to practice law and provide a certificate of good standing from each jurisdiction. They must also certify that no disciplinary proceedings are pending against them. |
| What is the application process? | Applications are to be submitted to the Secretary of the Board of Bar Examiners. |
| Can foreigners practice New Jersey law? | No. Foreign lawyers are not authorized to practice New Jersey law unless they are admitted to the bar in accordance with the rules of the Supreme Court. |
| Can foreigners be admitted to the bar in NJ? | Yes, the Supreme Court may certify a foreign lawyer as a foreign legal consultant. |
| What are the requirements for becoming a foreign legal consultant? | The applicant must have been admitted to practice law in a foreign country for at least 5 of the 7 years preceding the application date, possess good moral character, and intend to practice in compliance with R. 1:21-1(a)(1). They must also submit letters of recommendation from attorneys or legal professionals in the foreign country and in the US. |
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What You'll Learn
Foreign legal consultants
To become a certified foreign legal consultant in New Jersey, an applicant must meet the requirements set forth by the New Jersey Supreme Court. The eligibility criteria include:
- The applicant must have been admitted to practice law in a foreign country and have been in good standing for at least five of the seven years immediately preceding the application date.
- They must possess the good moral character customarily required for admission to the practice of law in New Jersey.
- They must intend to practice in compliance with the relevant rules and regulations.
In addition to the eligibility requirements, the application process for becoming a foreign legal consultant in New Jersey entails submitting various documents and letters of recommendation. These include:
- Letters of recommendation from attorneys or counselors at law in the foreign country and in New Jersey attesting to the applicant's moral character.
- A letter of recommendation from a member of the executive body or a judge of a court in the foreign country setting forth the applicant's professional qualifications.
- Certificates from the relevant authorities attesting to the applicant's licensure and good standing.
- A statement indicating that the applicant is admitted to practice and is in good standing as an attorney or counselor at law in a foreign country.
- Details of their educational background, including the names and dates of attendance at universities or postgraduate institutions.
It is important to note that foreign legal consultants in New Jersey are restricted to providing legal advice solely on matters involving the laws of the foreign country in which they are licensed. They must associate and consult with a New Jersey-licensed attorney, who assumes full responsibility for their conduct.
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Foreign In-House Counsel
A foreign lawyer admitted in a foreign jurisdiction may provide legal services through an office or other systematic and continuous presence in the jurisdiction when the services are provided to the lawyer's employer. However, these services must not require pro hac vice admission and must not involve advice on United States or New Jersey law.
To be eligible to practice foreign law in New Jersey as Foreign In-House Counsel, a foreign lawyer must be licensed outside the United States and must comply with the provisions of Rule 1:27-2A. Registration approved by the Supreme Court pursuant to this Rule authorizes the foreign lawyer to practice solely for the designated employer in New Jersey.
All applications under this Rule are to be submitted to the Secretary of the Board of Bar Examiners. A Foreign In-House Counsel who is admitted to practice law in a foreign country may register to advise on foreign law in New Jersey under the following conditions: The applicant certifies that they are a member in good standing of the bar of the highest court of each foreign and United States jurisdiction in which they are licensed to practice law and provides a certificate of good standing from each jurisdiction in which the applicant is admitted. The applicant also certifies that no disciplinary proceedings are pending against them and that no discipline has been previously imposed.
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Non-New Jersey licensed lawyers
The process of certification involves submitting an application to the Clerk of the Supreme Court, which includes providing various documents such as letters of recommendation and certificates. The Supreme Court will then review the application and determine if the applicant meets the eligibility requirements, which include having practiced law in a foreign country for at least five of the seven years preceding the application and possessing good moral character.
Once certified, a foreign legal consultant may represent New Jersey clients for the sole purpose of providing professional legal advice on the laws, rules, and regulations of the foreign country in which they are licensed. It is important to note that foreign legal consultants must associate and consult with a New Jersey attorney, who will assume full responsibility for the conduct of the consultation.
Additionally, non-New Jersey licensed lawyers may practice out-of-state law from inside New Jersey as long as they do not maintain a continuous and systematic presence in the state by practicing from a New Jersey office or holding themselves out as available for the practice of law in New Jersey.
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Disciplinary proceedings
Foreign lawyers seeking to practice law in New Jersey as Foreign In-House Counsel must comply with specific rules and requirements. One critical aspect of the application process is addressing any disciplinary proceedings that may be pending or have occurred in the past.
When applying for registration, a foreign lawyer must certify that no disciplinary proceedings are pending against them and that they have not been subject to any discipline in any foreign country or United States jurisdiction. However, if discipline has been previously imposed, the applicant must disclose the date, jurisdiction, nature of the violation, and the resulting sanction. This disclosure is essential for the Board of Bar Examiners to assess the character and fitness of the applicant.
During the period of registration, foreign lawyers practising as Foreign In-House Counsel have a continuing obligation to promptly inform the Director of the Office of Attorney Ethics of any disciplinary proceedings and their disposition. This requirement ensures that the Office of Attorney Ethics, which prosecutes attorney misconduct cases, is apprised of any ethical or legal violations by the registered foreign lawyer.
The Disciplinary Review Board (DRB) is an integral part of New Jersey's attorney discipline process. The DRB reviews all attorney misconduct cases prosecuted by the Office of Attorney Ethics and makes its own recommendations. The DRB holds public hearings for cases in which the Office of Attorney Ethics recommends a sanction greater than an admonition. The Board consists of nine members appointed by the Supreme Court, including non-lawyer public members and attorneys.
In summary, foreign lawyers seeking to practice in New Jersey must disclose any disciplinary proceedings and maintain ongoing transparency regarding ethical and legal matters. The state's disciplinary process, including the DRB, plays a crucial role in upholding the integrity of the legal profession and protecting the public interest.
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Certification and practice
Foreign lawyers can practice law in New Jersey as Foreign In-House Counsel. To be eligible, a foreign lawyer must be licensed outside the United States and comply with the provisions of Rule 1:21-1(a). Registration approved by the Supreme Court will authorise the foreign lawyer to practice solely for their designated employer in New Jersey.
Foreign In-House Counsel is a foreign lawyer who is employed in New Jersey by a corporation, partnership, association, or other legal entity that is authorised to transact business in the state. The lawyer must be admitted to practice law in a foreign country and may only advise on foreign law in New Jersey. They cannot appear as an Attorney of Record for their employer or any affiliated entities in any case or matter pending before the courts of New Jersey.
To be certified as a foreign legal consultant, an applicant must have been admitted to practice as an attorney or counselor in a foreign country for at least five of the seven years immediately preceding the date of application. They must also possess good moral character and intend to practice in compliance with R. 1:21-1(a)(1). The application must be made to the Clerk of the Supreme Court and include various documents, such as letters of recommendation and certificates.
Foreign lawyers may practice out-of-state law from inside New Jersey provided they do not maintain a continuous and systematic presence in the state. This means they cannot practice law from a New Jersey office or hold themselves out as available for the practice of law in New Jersey.
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Frequently asked questions
Foreigners can practice foreign law in New Jersey as Foreign In-House Counsel, provided they are licensed to practice law in a foreign country and comply with the provisions of Rule 1:21-9.
To become a Foreign In-House Counsel in New Jersey, an applicant must:
- Be a member in good standing of the bar of the highest court of each foreign and US jurisdiction in which they are licensed to practice law.
- Provide a certificate of good standing from each jurisdiction in which they are admitted.
- Declare if any disciplinary proceedings are pending or have been previously imposed against them.
- Have practiced law in a foreign country for at least 5 of the 7 years immediately preceding the date of application.
- Possess good moral character.
- Intend to practice in compliance with R. 1:21-1(a)(1).
To apply to become a Foreign In-House Counsel in New Jersey, an applicant must submit their application to the Secretary of the Board of Bar Examiners. The application should include:
- A letter of recommendation from a member of the executive body or a judge of a court of general original or appellate jurisdiction in the foreign country, attesting to the applicant's professional qualifications.
- A certificate from the clerk of the authority or court, attesting to the office held and the genuineness of the signature.
- Letters of recommendation from at least two attorneys or counselors at law in the foreign country and at least two attorneys admitted to practice law in New Jersey, evaluating the applicant's moral character.
- The names of all courts or licensing authorities to which the applicant has applied for admission to practice law or certification/licensure as a foreign legal consultant.
- The names of all courts or licensing authorities under which the applicant has taken bar examinations, the dates, and results.
- The names of all courts and licensing authorities by which the applicant has been licensed to practice law or certified/licensed as a foreign legal consultant, and the dates of each licensure or certification.
- A statement that the applicant is admitted to practice and is in good standing as an attorney or counselor at law in a foreign country and has maintained that status for at least 5 of the 7 years preceding the application.
No, foreigners cannot practice New Jersey law unless they are admitted to the bar in accordance with the rules of the Supreme Court. However, they may practice foreign law in New Jersey as Foreign In-House Counsel.
Yes, a foreigner can work as in-house counsel for a company in New Jersey, provided they are practicing the law of the company's jurisdiction and do not maintain a continuous and systematic presence in New Jersey, such as by practicing from a New Jersey office.
