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Is there legislation governing the legal sector |
WASHINGTON COURT RULES PART I. Rules of General Application. General Rules, and, Admission and Practice Rules. (See, http://www.courts.wa.gov/court_rules/?fa=court_rules.state&group=ga) |
Under what title do lawyers practise? |
Lawyer; Attorney; Attorney at Law |
How does an individual lawyer obtain a "licence" to practise law? How often must this be renewed?
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An individual must satisfy character and fitness to practice requirements, and pass the bar exam. An individual qualifies for the bar exam by: |
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 Washington. 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?
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WASHINGTON COURT RULES PART I. RULES OF GENERAL APPLICATION GENERAL RULES, GR 24 |
Do you need to hold local nationality to be eligible to practise law? |
No |
What legal forms can lawyers work in? (e.g. self employment, partnership, limited liability partnership, multi-disciplinary partnership, incorporation) |
A lawyer may practise as a sole practitioner, or as a partner, shareholders of a professional corporation, or member of a professional limited liability company or partnership, or an employee of any of those entities or as in-house counsel (Washington RPC 7.5, Additional Washington Comment 3). Fee sharing with non-lawyers is prohibited. |
What other ethical or regulatory requirements must a licensed lawyer comply with? |
The Washington state Rules of Professional Conduct (RPC), modelled on the ABA model code (see,http://www.courts.wa.gov/court_rules/?fa=court_rules.list&group=ga&set=RPC); Rules for the Enforcement of Lawyer Conduct (ELC) (see, http://www.courts.wa.gov/court_rules/?fa=court_rules.list&group=ga&set=ELC); and the Admission and Practice Rules (APR) (seehttp://www.courts.wa.gov/court_rules/?fa=court_rules.list&group=ga&set=APR). |
Do law firms need to receive a "license" (or permission/approval) to practice law? |
Not from the Court (Washington licenses individuals only, not law firms) 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 Washington Supreme Court through the Washington State Bar Association (WSBA), see, http://www.wsba.org/Licensing-and-Lawyer-Conduct |
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 Washington in modes 1, 2 and 3 for the practice of home country law and international law to the extent it 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. |
Do these currently include legal services or are there plans to include them in future? |
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 |
Are there any 'foreign law' firms present in this jurisdiction? |
The only "foreign" firm present in Washington State is DLA Piper which is established under the US arm of its Swiss verein. Note: The Washington Supreme Court and the WSBA do not license law firms or track the status of law firms as to whether they are foreign or U.S. Washington does license foreign law consultants who are permitted to advise only regarding the law of the foreign country in which they are licensed. |
Are there any explicit rules or restrictions other than visas on fly in fly out practice of law? Ie. Do you need to obtain a licence for temporary practice? |
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?
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Under the WTO commitments of the USA, an individual wishing to practise law on a fly in fly out basis in Washington would need to be fully admitted to the Washington 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 can obtain a licence to become a foreign law consultant (see http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=ga&set=APR&ruleid=gaapr14). The scope of practice permitted to Foreign Law Consultants is: Practice of home country law and international law to the extent that it is incorporated in home-country law. The practice of 3rd-country law and US/State law is not permitted. |
Are there any conditions that must be fulfilled once a foreign lawyer has been granted a limited licence (e.g. residency requirement) |
FLCs must be in good standing with their home bar, abide by the State code of conduct and comply with annual licensing requirements in APR 14. |
Are there any conditions that must be fulfilled for a foreign lawyer to qualify for a limited licence? (e.g. prior practice) |
Licensure is subject to meeting the requirements of registration, an experience requirement (5 of the 7 years preceding registration must have been spent practising law), providing certification of registration and good standing with home-country bar, and agreeing to be bound by the discipline rules for lawyers and the Rules of Professional Conduct. |
Are foreign lawyers permitted to undertake arbitration and mediation? |
Yes, see General Rule 24, Definition of the Practice of Law. |
Are foreign lawyers allowed to appear in court under any circumstances?
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No |
Can foreign lawyers requalify as local lawyers?
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Foreign lawyers must satisfy character and fitness requirements and pass the bar exam. Foreign lawyers from English Common Law jurisdictions qualify for the bar exam if they have active legal experience for at least three of the last five years prior to the application. All foreign lawyers qualify for the bar exam if they earn an “LLM degree for the practice of law” from an ABA approved law school. |
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 |
Are there different types of foreign law firm 'licence' (e.g. Joint Law Venture, stand alone foreign licence etc) |
Not applicable |
Is there a quota on the number of licences available? |
Not applicable |
Are there geographical restrictions on foreign firm licences or on the number of branches a foreign firm can have? |
No |
Are there "scope of practice" rules that apply directly to foreign law firms (as opposed to lawyers themselves)? (e.g. home, host, international law), if so, what are they? | No |
Are there restrictions on the corporate form a foreign law firm can take? | Not applicable |
Are there rules about the name a foreign law firm can take? | Foreign name is permitted |
What entity grants a 'license' to a foreign law firm? If that entity is on the Internet, please provide the URL | Not applicable |
Are there restrictions on the ownership share of foreign lawyers in a law firm? |
Not applicable |
May a domestic lawyer be employed by a foreign lawyer or law firm? |
Yes; but the employing foreign lawyer or law firm may not engage in the practice of law in Washington unless the employing foreign lawyer is also licensed to practice in Washington |
Can a domestic lawyer enter into partnership with a foreign lawyer? |
Yes, see answer above |
Can a domestic lawyer or domestic law firm employ a foreign lawyer? |
Yes, see answer above |
Other useful sources or comments or links |
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