USA - Ohio International Trade in Legal Services

Is there legislation governing the legal sector

Article IV, Section 2, of the Ohio Constitution; Rule I of the Supreme Court Rules for the Government of the Bar of Ohio   Pursuant to the Ohio Constitution, the Supreme Court of Ohio has exclusive jurisdiction over admission and regulation of the practice of law in Ohio.  Gov. Bar R. I governs admission to the practice of law.

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?

Gov. Bar R. I sets forth the requirements for admission to the practice of law in Ohio.  An applicant must be 21 years of age, have earned a bachelor’s degree from an accredited college or university, have earned a J.D. or LL.B. from a law school approved by the American Bar Association, satisfy character and fitness to practice requirements, and either (1) have passed the bar examination and the Multistate Professional Responsibility Examination or (2) been approved by the Supreme Court for admission on motion.  Once admitted attorneys must comply with attorney registration and continuing legal education/new lawyers training requirements.  Attorneys registered for active status are required to register and pay a registration fee on a biennial basis.

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

An attorney admitted to the practice of law in Ohio and registered for active status may engage in the practice of law in Ohio.  Attorneys seeking to practice on a temporary basis in another state must comply with that state’s requirements for such practice.

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

 Yes.  The “unauthorized practice of law” is defined in Gov. Bar R. VII, Section 2, which also incorporates divisions (A)(1) and (2) and (B)(1) of section 4705.07 of the Ohio Revised Code.  Supreme Court decisions related to the unauthorized practice of law from 1995 to the present may be found at http://supremecourt.ohio.gov/Boards/UPL/SupCo_opinions.asp

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 Ohio code of professional conduct which is modelled on the ABA model code (see:http://www.sconet.state.oh.us/LegalResources/Rules/ProfConduct/profConductRules.pdf)

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? 

Attorneys are admitted to practice (licensed) by the Supreme Court of Ohio.

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 Ohio 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) and 3rd country law and host law provided advice is taken from a suitably qualified person. An in-state office is required.

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

There are a number of national and international US firms established in Ohio.

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 Ohio would need to be fully admitted to the Ohio 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?

A foreign lawyer can obtain a licence to become a foreign legal consultant.  See Rule XI of the Supreme Court Rules for the Government of the Bar of Ohio (Effective January 1, 1989), available online at: http://www.supremecourt.ohio.gov/LegalResources/Rules/govbar/govbar.pdf
The scope of practice permitted to an FLC includes: Practice of home country and international law; practice of 3rd-country or US/state law provided the FLC obtains advice from an attorney licensed in that jurisdiction and identifies that person to the client.
 

FLCs must be in good standing with their home bar and abide by the State code of conduct

Licensure is subject to meeting requirements of registration: a minimum age of 21 years, has been in good standing or the equivalent in the foreign country of admission for 4 of the 6 years immediately preceding application as a FLC, certification of admission to practice and good standing with home-country bar, satisfy character and fitness requirements, has intent to practice as a FLC in Ohio and to maintain an office for such practice, meeting the professional liability insurance requirement, and being subject to the Ohio Code of Professional Responsibility and the disciplinary procedural rules applicable in Ohio.

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

See, Gov. Bar R. XI, Section 5, for scope of practice for a FLC.  Also see Gov. Bar R. XII, Pro Hac Vice Admission.
http://www.supremecourt.ohio.gov/RuleAmendments/Archive
Effective Jan. 1, 2011, out-of-state attorneys seeking permission to appear pro hac vice in an Ohio proceeding must first register with the Supreme Court Office of Attorney Services.  Pro hac vice registration is also available to attorneys admitted to practice in the courts of a foreign state and are in good standing.  After an out-of-state or foreign attorney completes the registration requirements and receives a Certificate of Pro Hac Vice Registration, the attorney must file a Motion for Permission to Appear Pro Hac Vice with the tribunal.  If the out-of-state or foreign attorney receives permission to appear pro hac vice in an Ohio proceeding, the attorney must file a Notice of Permission to Appear Pro Hac Vice with the Office of Attorney Services.
 

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

Yes

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