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Rule 342
Practice by Foreign Legal consultants.
(a) Prohibited
Activities. A person licensed to practice as a foreign legal consultant under
Rule 341 (relating to licensing of foreign legal
consultants) may render legal services in this Commonwealth with respect to the
law of the foreign country where the foreign legal consultant is admitted to
practice law, subject, however, to the limitations that he or she shall not:
(1) appear for a person
other than himself or herself as attorney in any court, or before any magistrate
or other judicial officer, in this Commonwealth (other than upon admission
pro hac vice pursuant to Rule 301 (relating to
admission pro hac vice));
(2) prepare any
instrument effecting the transfer or registration of title to real estate
located in the United States of America;
(3) prepare:
(i) any will or trust
instrument effecting the disposition on death of any property located in the
United States of America and owned by a resident thereof, or
(ii) any instrument
relating to the administration of a decedent’s estate in the United States of
America;
(4) prepare any
instrument in respect of the marital or parental relations, rights or duties of
a resident of the United States of America, or the custody or care of the
children of such a resident;
(5) render professional
legal advice on the law of this Commonwealth, of any other jurisdiction in which
he or she is not authorized to practice law or of the United States of America
(whether rendered incident to the preparation of legal instruments or
otherwise);
(6) be, or in any way
hold himself or herself out as, a member of the bar of the Supreme Court of
Pennsylvania; or
(7) carry on his or her
practice under, or utilize in connection with such practice, any name, title or
designation other than one or more of the following:
(i) his or her own name;
(ii) the name of the law
firm with which he or she is affiliated;
(iii) his or her
authorized title in the foreign country of his or her admission to practice,
which may be used in conjunction with the name of such country; and
(iv) the title
“foreign legal consultant,” which may be used in conjunction with the words
“admitted to the practice of law in [name of the foreign country of his or her
admission to practice]”.
(b) Rights and
Obligations. Subject to the limitations set forth in Subdivision (a) of
this Rule, a person licensed as a foreign legal consultant under
Rule 341 shall be considered a lawyer affiliated with the
bar of this Commonwealth and shall be entitled and subject to:
(1) the rights and
obligations set forth in the Rules of Professional Conduct or arising from the
other conditions and requirements that apply to a member of the bar of this
Commonwealth under the Enforcement Rules; and
(2) the rights and
obligations of a member of the bar of this Commonwealth with respect to:
(i)
affiliation in the same law firm with one or more members of the bar of this
Commonwealth, including by:
(A) employing one or more members of the bar of this Commonwealth;
(B) being employed by one or more members of the bar of this Commonwealth or by
any law firm that includes members of the bar of this Commonwealth or which
maintains an office in this Commonwealth; and
(C) being a partner in any law firm that includes members of the bar of this
Commonwealth or which maintains an office in this Commonwealth; and
(ii) attorney‑client privilege, work‑product privilege and similar professional
privileges.
(c)
Discipline. A person licensed to practice as a
foreign legal consultant under Rule 341 shall be subject
to professional discipline in the same manner and to the same extent as members
of the bar of this Commonwealth. The license of a foreign legal consultant
shall be revoked when he or she no longer meets the requirements and obligations
for licensing set forth in Rule 341 (a)(1).
A foreign legal consultant shall not be subject to the Pennsylvania Rules for
Continuing Legal Education.
(d) Service of Process.
Service of process on the Secretary of the Disciplinary Board of the Supreme
Court of Pennsylvania, pursuant to the designation filed under
Rule 341(b)(8), shall be made by
personally delivering to and leaving with the Secretary, or with a deputy or
assistant authorized by him or her to receive such service, at his or her
office, duplicate copies of such process together with a fee as set by the
Disciplinary Board of the Supreme Court. Service of process shall be complete
when the Secretary of the Disciplinary Board has been so served. The Secretary
of the Disciplinary Board shall promptly send one of such copies to the foreign
legal consultant to whom the process is directed, by certified mail, return
receipt requested, addressed to the foreign legal consultant at the address
specified by him or her as provided in Rule
341(b)(8).
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