RPC 5.5  Multijurisdictional Practice of Law

Effective September 1, 2006, the Washington State Supreme Court adopted RPC 5.5 which, permits the practice of law in Washington by lawyers licensed in another United States jurisdiction in certain cases.

One such case is as house counsel when providing legal services exclusively to the lawyer's employer.  House counsel previously were required to obtain a limited license in Washington state under APR 8(f).  But, also on September 1, 2006, APR 8(f) was amended to cover only lawyers licensed in foreign jurisdictions but working as house counsel in Washington state.

Notice to Lawyers Formerly Licensed as House Counsel:

Effective September 1, 2006, the rule for house counsel, Admission to Practice Rule (APR) 8(f), was amended.  The rule change effectively eliminated Washington licensing requirements for those who previously were licensed as house counsel under APR 8(f), unless some form of limited license or admission is otherwise required (e.g., pro hac vice admission).  See text of RPC 5.5.  Lawyers who previously were licensed as house counsel are no longer  required to meet Washington licensing requirements including licensing fees and mandatory CLEs.  

Lawyers licensed in another U.S. jurisdiction and working as general/house counsel in Washington should be able to continue to practice under the terms of the new Rules of Professional Conduct (RPC) 5.5(d). 
Lawyers licensed in another U.S. jurisdiction and practicing in Washington as house counsel must maintain that other jurisdiction's license in a status that authorizes them to practice law, i.e., active status. 

Please read the complete text of RPC 5.5 for all the limitations and responsibilities.

Notice to Lawyers Licensed in Foreign (non-U.S.) Jurisdictions:

Lawyers who are licensed in a foreign jurisdiction and working as house counsel in Washington must obtain a Foreign House Counsel limited license.  Lawyers who are licensed in a foreign jurisdiction and want to advise clients only about the laws of that foreign jurisdiction must obtain a Foreign Law Consultant limited license.  Please see the links in the right column of this page.

If you have any questions about practicing as house counsel under RPC 5.5(d), please contact Robert Henry at (206) 727-8227 or roberth@wsba.org.

Other questions by WSBA members about RPC 5.5 should be directed to professional responsibility counsel at (206) 727-8284.