Colorado

Civil Procedure

Rule 205.2 – Temporary Practice by Foreign Attorney- Conditions of Practice

(1) Eligibility. An attorney who meets the following conditions may practice as a temporary practice foreign attorney for the purpose of this rule:

(a) The attorney is admitted to practice law in a non-U.S. jurisdiction only;

(b) The attorney is a member of a recognized legal profession in a foreign jurisdiction, the members of which are admitted to practice as attorneys or counselors of law or the equivalent and are subject to effective regulation and discipline by a duly constituted professional body or a public authority;

(c) The attorney is a member in good standing to practice law in all courts and jurisdictions in which he or she is admitted to practice law;

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

(e) The attorney has not established domicile in Colorado; and

(f) The attorney has not established a place for the regular practice of law in Colorado from which such attorney holds himself or herself out to the public as practicing law.

(2) Scope of Authority. A foreign attorney who engages in the practice of law in Colorado pursuant to this rule shall be deemed to have obtained a license for the limited scope of practice specified in this rule. The privileges of a Colorado admitted attorney with respect to attorney-client privilege and work-product privilege shall apply to temporary practice foreign attorneys. A foreign attorney may provide legal services in Colorado on a temporary basis under this rule that:

(a) Are undertaken in association with an attorney who is admitted to practice law in Colorado and who actively participates in the matter; or

(b) Are in or are reasonably related to a pending or potential proceeding before any Colorado state court of record or before the court of another jurisdiction, if the foreign attorney, or a person the foreign attorney is assisting, is authorized by law, order or rule to appear in such proceeding or reasonably expects to be so authorized; or

(c) Are in or are reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in Colorado, if the services arise out of or are reasonably related to the attorney’s practice of law in a jurisdiction in which the attorney is admitted to practice law; or

(d) Are not within subsections (2)(b) or (2)(c) of this rule and

(i) Are performed for a client who resides or has an office in a jurisdiction in which the attorney is authorized to practice law, to the extent of that authorization; or

(ii) Arise out of or are reasonably related to a matter that has a substantial connection to a jurisdiction in which the attorney is authorized to practice law, to the extent of that authorization; or

(e) Are governed primarily by international law or the law of a non-U.S. jurisdiction.

(3) Foreign Legal Consultants. A temporary practice foreign attorney who wishes to provide legal services within the scope of C.R.C.P. 204.2 shall comply with the provisions of that rule.

(4) Pro Hac Vice Admission for Foreign Attorneys. A temporary practice foreign attorney who wishes to appear in any state court of record or administrative tribunal shall comply with C.R.C.P. 205.5 concerning pro hac vice admission.

(5) Discipline and Disability Jurisdiction. A foreign attorney providing legal services under this rule is subject to the Colorado Rules of Professional Conduct; C.R.C.P. 251 (Rules of Procedure Regarding Attorney Discipline and Disability Proceedings); and C.R.C.P. 210 (Revocation of License). 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.

C.R.C.P. 205.2

Source: Entire rule added and effective September 1, 2014.

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