Colorado

Civil Procedure

Rule 204.2 – Foreign Legal Consultant Certification

(1) General Statement and Eligibility. In its discretion, the Supreme Court may certify foreign legal consultants to practice law in Colorado if all of the following conditions are met:

(a) The applicant is, and for at least the past five years has been, a member in good standing of a recognized legal profession in a foreign country, the members of which are admitted to practice as attorneys or counselors at law or the equivalent and are subject to effective regulation and discipline by a duly constituted professional body or a public authority;

(b) The applicant has been, for at least three of the five years immediately preceding his or her application, lawfully engaged in the active practice of law in the foreign country or another jurisdiction substantially involving or relating to the rendering of advice or the provision of legal services concerning the law of the foreign country;

(c) The applicant is not currently subject to an order of attorney discipline or the subject of a pending formal disciplinary or disability matter in any jurisdiction;

(d) The applicant possesses the character and fitness required of all applicants for admission to the practice of law in Colorado as set forth in C.R.C.P. 208; and

(e) The applicant intends to practice as a foreign legal consultant in Colorado and to maintain an office in Colorado for that purpose or to be employed as a foreign legal consultant by an organization, the business of which is lawful and consists of activities other than the practice of law or the provision of legal services.

(2) Filing Requirements. An applicant under this rule shall file an application for foreign legal consultant certification. The applicant shall pay a fee in an amount fixed by the Supreme Court. The fee must be paid when the application is submitted. The application and fee shall be collected by the Office of Attorney Registration. The application fee shall be made payable to the Clerk of the Supreme Court. The application shall include all of the following:

(a) A certificate from the professional body or public authority having ultimate jurisdiction over professional discipline in each foreign country in which the applicant is admitted, certifying the applicant’s admission to practice, date of admission, and good standing as an attorney or counselor at law or the equivalent;

(b) A letter of recommendation from one of the members of the executive body of each such professional body or public authority or from one of the judges of the highest law court or court of original jurisdiction in each foreign country in which the applicant is admitted;

(c) Duly authenticated English translations of the certificate required by subsection (2)(a) of this rule and the letter required by subsection (2)(b) of this rule if they are not in English;

(d) If the applicant is employed by or intends to be employed by an organization, the business of which is lawful and consists of activities other than the practice of law or the provision of legal services:

(i) A certification that the applicant has advised the organization that the applicant is not a licensed Colorado attorney; and

(ii) A certification by an officer, director, or general counsel of the organization that the organization is aware the applicant is not a licensed Colorado attorney;

(e) A certification that the applicant has advised or will advise all clients that the applicant is not a licensed Colorado attorney;

(f) A commitment that the applicant will abide by the Colorado Rules of Professional Conduct to the extent applicable to the provision of the legal services authorized under section (3) of this rule;

(g) Unless the foreign legal consultant is employed exclusively by an organization as defined in subsection (1)(e) of this rule, an undertaking or appropriate evidence of professional liability insurance, under terms acceptable to the Supreme Court Office of Attorney Registration, covering all legal services to be provided to Colorado clients;

(h) A duly acknowledged instrument in writing, providing the applicant’s address in Colorado, and in any other U.S. jurisdiction or foreign country, and designating the Clerk of the Supreme Court Office of Attorney Registration as his or her agent for service of process; and

(i) Other evidence as the Supreme Court Office of Attorney Registration may require regarding the applicant’s educational and professional qualifications, character and fitness, and satisfaction of the conditions of section (1) of this rule.

(3) Scope of Authority.

(a) A person certified to practice as a foreign legal consultant under this rule may render legal services in Colorado only with regard to matters authorized by the law of the foreign jurisdiction(s) in which the person is admitted to practice. Notwithstanding the foregoing, such person shall not be considered admitted to practice law in Colorado, or in any way hold himself or herself out as a Colorado attorney, or do any of the following:

(i) Appear as an attorney in Colorado on behalf of another person in any court, or before any magistrate or other judicial officer (except when admitted as a foreign attorney pro hac vice pursuant to C.R.C.P. 205.5 );

(ii) Prepare:

(A) Any instrument effecting the transfer or registration of title to real estate located in the United States;

(B) Any will or trust instrument effecting the disposition on death of any property located and owned by a resident of the United States;

(C) Any instrument relating to the administration of a decedent’s estate in the United States; or

(D) Any instrument in respect of the marital or parental relations, rights, or duties of a resident of the United States, or the custody or care of the children of such a resident; or

(iii) Render legal advice on the law of Colorado or of the United States (whether rendered incident to the preparation of legal instruments or otherwise).

(b) A person certified under this rule, other than one employed exclusively by an organization as described in subsection (1)(e), shall carry on a practice under, or utilize in connection with such practice, the following identifying information:

(i) The foreign legal consultant’s own name;

(ii) The name of the law firm with which the foreign legal consultant is associated; and

(iii) The title “foreign legal consultant,” which shall 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].”

(4) Rights and Obligations.

(a) Subject to the limitations listed in section (3) of this rule, a person certified under this rule shall be considered a Colorado certified foreign legal consultant and shall be entitled and subject to the rights and obligations of a Colorado attorney with respect to:

(i) Affiliation in the same law firm with one or more Colorado attorneys, including by:

(A) Employing one or more Colorado attorneys;

(B) Being employed by one or more Colorado attorneys or by any partnership, professional corporation, or other legal entity that includes Colorado attorneys or that maintains an office in Colorado; and

(C) Being a partner in any partnership, or member in any professional entity, that includes Colorado attorneys or that maintains an office in Colorado; and

(ii) Attorney-client privilege and work-product privilege.

(b) A person certified under this rule shall report to the Clerk of the Supreme Court Office of Attorney Registration within twenty-eight days any of the following events:

(i) Whether or not public, any change in the foreign legal consultant’s license status in another jurisdiction, including the foreign legal consultant’s resignation;

(ii) Whether or not public, any disciplinary charge, finding, or sanction concerning the foreign legal consultant by any disciplinary authority, court, or other tribunal in any jurisdiction;

(iii) Any change in the foreign legal consultant’s good standing in another jurisdiction; and

(iv) Any changes to the professional liability insurance required under subsection (2)(g) of this rule.

(c) A person certified under this rule shall:

(i) Before providing any legal services, advise each prospective client that he or she is not licensed in Colorado and may not provide advice on the law of Colorado or the United States;

(ii) Before providing any legal services, provide each prospective client a letter disclosing the extent of the professional liability insurance required by subsection (2)(g) of this rule; and

(iii) Notify each existing client in writing of any change to the professional liability insurance required under subsection (2)(g) within twenty-eight days of such change.

(5) Practice by a Foreign Legal Consultant in Another United States Jurisdiction. A person licensed, certified, or otherwise authorized as a foreign legal consultant in another jurisdiction in the United States may provide foreign legal consulting services in Colorado on a temporary basis pursuant to the rule for temporary practice by foreign attorneys. A person licensed as a foreign legal consultant in another jurisdiction in the United States shall not establish an office or other place for the regular practice of law in Colorado or hold out to the public or otherwise represent that the foreign legal consultant is certified as a foreign legal consultant in Colorado.

(6) Discipline and Disability Jurisdiction. A person certified to practice law as a foreign legal consultant under this rule is subject to the Colorado Rules of Professional Conduct and C.R.C.P. 251.1 et seq. (Rules of Procedure Regarding Attorney Discipline and Disability Proceedings). In addition to the forms of discipline contained in C.R.C.P. 251.6, the attorney may also be enjoined from further practice of law in Colorado.

(7) Service of Process.

(a) In any action or proceeding brought against the foreign legal consultant and arising out of or based upon any legal services rendered or offered to be rendered by the foreign legal consultant while present in Colorado or to residents of Colorado, service shall first be attempted upon the foreign legal consultant at the most recent Colorado address filed with the Clerk of the Office of Attorney Registration. Whenever after due diligence service cannot be made upon the foreign legal consultant at that address, service may be made upon the Clerk of the Office of Attorney Registration. Service in accordance with this provision is effective as if service had been made personally upon the foreign legal consultant.

(b) Service of process on the Clerk under subsection (7)(a) of this rule shall be made by personally delivering to the Clerk’s office, and leaving with the Clerk, or with a deputy or assistant authorized by the Clerk to receive service, duplicate copies of the process together with a fee as set by the Supreme Court. The Clerk shall promptly send one copy of the process 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 most recent Colorado and other address provided in accordance with subsection (2)(h) of this rule.

(c) The foreign legal consultant shall keep the Clerk advised in writing of any changes of address within the time period required by C.R.C.P. 227.

(8) Termination of Certification. If the Supreme Court determines that a person certified as a foreign legal consultant under this rule no longer meets the conditions for certification, it may summarily terminate the foreign legal consultant’s certification.

(9) Registration and Fees. A person licensed as a foreign legal consultant shall pay annual attorney registration fees and comply with all other provisions of C.R.C.P. 227.

(10) Certification Number. A person certified under this rule shall be assigned a certification number, which shall be used to identify that person’s certification status in Colorado. Whenever an initial pleading is signed by a person authorized under this rule, it shall also include thereon the person’s certification number. Whenever an initial appearance is made in court without a written pleading, the person shall advise the court of the person’s certification number. The number need not be on any subsequent pleadings unless required by rule of court or practice.

(11) Sanctions. A foreign legal consultant who fails to register under this rule shall be:

(a) Subject to professional discipline in Colorado;

(b) Ineligible for admission on motion in Colorado;

(c) Referred by the Office of Attorney Registration to the Office of Admissions; and

(d) Referred by the Office of Attorney Registration to the disciplinary authority of the jurisdictions of licensure, U.S. and/or foreign.

(12)Subsequent Attorney Admission. If a person certified as a foreign legal consultant under this rule is subsequently admitted to the practice of law in Colorado, that person’s foreign legal consultant certification shall be superseded by the Colorado license to practice law.

(13) Professionalism Course. All attorneys certified under this rule must complete the course on professionalism as described in C.R.C.P. 203.1(8), within six months following certification.

C.R.C.P. 204.2

Source: Entire rule added and effective September 1, 2014; amended and adopted January 24, 2019, effective January 24, 2019.

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