USA - Michigan International Trade in Legal Services

Is there legislation governing the legal sector

Act 236 of 1961 - REVISED JUDICATURE ACT OF 1961 (600.101 - 600.9948)

Under what title do lawyers practise?

Attorney at law

How does an individual lawyer obtain a "licence" to practise law? How often must this be renewed?

An individual must have a bachelor’s degree and a JD, satisfy character and fitness to practice requirements, and have passed the bar exam.

Does this entitle the holder to practise throughout the country? If the law license only permits one to practice on a sub-national level, please explain the jurisdictional limits

This only automatically entitles the holder to practise in Michigan. The right to practise on a temporary basis in another state or to appear pro hac vice in another state depends on the explicit permission of that state.

Are there certain activities that are "reserved" to those who are licensed to practise law in the jurisdiction?

600.916 Unauthorized practice of law.
Sec. 916.
The State Judicature Act defines the unauthorized practice of law as ""(1) A person shall not practice law or engage in the law business, shall not in any manner whatsoever lead others to believe that he or she is authorized to practice law or to engage in the law business, and shall not in any manner whatsoever represent or designate himself or herself as an attorney and counsellor, attorney at law, or lawyer, unless the person is regularly licensed and authorized to practice law in this state. A person who violates this section is guilty of contempt of the supreme court and of the circuit court of the county in which the violation occurred, and upon conviction is punishable as provided by law. This section does not apply to a person who is duly licensed and authorized to practice law in another state while temporarily in this state and engaged in a particular matter"".  The State Bar of Michigan defines the unauthorized practice of law as ""When a person or company says or does something on behalf of another person that involves legal discretion or making a decision about legal matters, that is the practice of law. It is the unauthorized practice of law for a person to exercise legal discretion on behalf of another person, or practice law for another person, when they are not legally authorized to do so"". The State Bar has asked the State Supreme Court to codify Michigan's case law on this subject Dressel v. Ameribank, 635 N.W.2d 328 (Mich.App. 2001)
Michigan law prohibits the unauthorized practice of law by individuals. MCL 600.916. Moreover, M.C.L. § 450.681 specifically enjoins corporations from practicing law without a license. . . . However, these statutes fail to define precisely what constitutes the ""practice of law."" Rather, such determinations have been left to the discretion of the courts.
This Court agrees with the majority opinion of the states that charging a fee can take an otherwise incidental act into the realm of the unauthorized practice of law.
 

Do you need to hold local nationality to be eligible to practise law?

No

A lawyer may practise as a sole practitioner, in a general or limited liability partnership. Fee sharing with non-lawyers is prohibited.

What other ethical or regulatory requirements must a licensed lawyer comply with? 

The Michigan code of professional conduct which is modelled on the ABA model code (see:http://www.michbar.org/professional/)

Do law firms need to receive a "license" (or permission/approval) to practice law?

Not from the Court but may be subject to other notification requirements depending on the form taken (e.g. limited liability company) and the local State code.

Which authority issues licences? Are there different authorities for individuals and firms? 

Licences are issued by the Michigan Supreme Court

Is the jurisdiction a member of the WTO?

The US joined the WTO on 1 January 1995

Has it made any commitments under GATS in legal services?

The USA has scheduled commitments for Michigan in modes 1 and 3 for the practice of home country law and international law (to the extent this is incorporated in home-country law).

Is the jurisdiction party to bilateral agreements which offer special treatment to businesses or individuals from particular countries?

The US has bilateral agreements with: the Dominican Republic - Central America (CAFTA), Korea, North American Free Trade Agreement (NAFTA), Australia, Bahrain, Chile,  Colombia,  Israel, Jordan, Morocco, Oman, Panama, Peru and Singapore. It is currently negotiating new agreements with the EU  (TTIP) and the Trans-Pacific Partnership.

The NAFTA agreement calls for future negotiations on MRAs amongst the legal professions and lawyers are included in the professional visa programme.

Are foreign lawyers from different jurisdictions treated differently as a result of any such agreements?

NAFTA lawyers have access to the professional visa program

Michigan is home to a number of large national US firms, some of whom also have offices outside the US.

Foreign lawyers are not permitted to provide fly-in fly-out services, this is only permitted to lawyers from other US states (see Professional Conduct rule 5.5 on Unauthorized Practice of Law)

Can a foreign lawyer obtain a visa to visit clients or to market but not to practice?

Under the WTO commitments of the USA, an individual wishing to practise law on a fly in fly out basis in Michigan would need to be fully admitted to the Michigan Bar or to the Bar of another US State. “Service salespersons” are permitted to enter the USA for periods of up to 90 days. "Service salespersons" are "persons not based in the territory of the United States and receiving no remuneration from a source located within the United States, who are engaged in activities related to representing a services supplier for the purpose of negotiating for the sale of the services of that supplier where: a) such sales are not directly made to the general public and b) the salesperson is not engaged in supplying the service" Entry for persons named in this section is limited to a ninety-day period.

Can a foreign lawyer obtain a licence to establish and practise as a foreign legal consultant and what is the scope of this limited licence?

Yes - a foreign lawyer may become licensed as a foreign legal consultant (see Michigan Board of Bar Examiners, Rule 5E MI R BD LAW EXAM Rule 5(E) (Effective 1986)).  The scope of an FLC licence is limited to home country law and international law to the extent it is incorporated in home-country law. The practice of 3rd-country and Michigan law is not permitted.

In-state residency is required.

Licensure is subject to meeting requirements of registration, a minimum age of 18 years, an experience requirement (3 of the 5 years preceding registration must have been spent practising law), and providing certification of registration and good standing with home-country bar.

Are foreign lawyers allowed to appear in court under any circumstances?

 Michigan Supreme Court Rules Concerning the State Bar of Michigan, Rule 15,
Section 2. Foreign Attorneys, Temporary Permission.http://courtofappeals.mijud.net/rules/public/default.asp

Can foreign lawyers requalify as local lawyers?

Can a foreign law firm obtain a licence to open an office?

There are no separate requirements on law firms. An FLC is permitted to open an office.

Even if a foreign law firm does not require a legal licence must they register in some form in order to set up an office? (e.g. with a ministry of company affairs etc)

Not applicable

Not applicable

No

Not applicable

Yes - this is explicitly mentioned in the USA's schedule of specific commitments on legal services

Yes - this is explicitly mentioned in the USA's schedule of specific commitments on legal services

Not applicable

Other useful sources or comments or links