Colorado

Civil Procedure

Rule 205.6 – Practice Pending Admission

(1) General Statement and Eligibility. An attorney who currently holds an active license to practice law in another jurisdiction in the United States, and who has been engaged in the active practice of law for three of the last five years, may provide legal services in Colorado through an office or other place for the regular practice of law in Colorado for no more than 365 days, provided that the attorney:

(a) Is a licensed attorney in good standing in all courts and jurisdictions in which he or she is admitted to practice;

(b) Is not currently subject to an order of attorney discipline or the subject of a pending formal disciplinary or disability investigation in any jurisdiction;

(c) Has not previously been denied admission to practice law in Colorado, has not failed the Colorado bar examination within the last three years, and has never been denied admission on character and fitness grounds in any jurisdiction;

(d) Has first submitted a complete application for admission on motion by qualified out-of-state attorney (C.R.C.P. 203.2 ), on motion based upon UBE score transfer (C.R.C.P. 203.3 ), or by examination (C.R.C.P. 203.4 );

(e) Reasonably expects to fulfill all of Colorado’s requirements for that form of admission;

(f) Associates with and is supervised by an attorney who is admitted to practice law in Colorado, and discloses the name, address, and membership status of that attorney;

(g) Provides a signed verification form from the Colorado attorney certifying the applicant’s association with and supervision by that attorney;

(h) Affirmatively states in all written communications with the public and clients the following language: “Practice temporarily authorized pending admission under C.R.C.P. 205.6 “; and

(i) Files an application for practice pending admission and pays a fee in an amount fixed by the Supreme Court. The fee must be paid when the application is submitted. The application and fee will be collected by the Office of Attorney Registration. The fee should be made payable to the Clerk of the Supreme Court.

(2) Foreign Legal Consultants. An attorney currently authorized as a foreign legal consultant in another jurisdiction in the United States may provide legal services in Colorado through an office or other place for the regular practice of law in Colorado for no more than 365 days, provided that the attorney:

(a) Provides services that are limited to those that may be provided in Colorado by foreign legal consultants;

(b) Is a member in good standing of a recognized legal profession in the foreign jurisdiction, 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;

(c) 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) Has first submitted an application for Foreign Legal Consultant certification pursuant to C.R.C.P. 204.2;

(e) Reasonably expects to fulfill all of Colorado’s requirements for admission as a foreign legal consultant; and

(f) Meets the requirements of subsections 1(c) and (f) – (h) of this rule.

(3) Appearances. Prior to admission on motion as a qualified out-of-state attorney (C.R.C.P. 203.2 ), on motion based upon UBE transfer score (C.R.C.P. 203.3 ), by examination (C.R.C.P. 203.4 ), or as a foreign legal consultant (C.R.C.P. 204.2 ), the attorney may not appear before a court of record or tribunal in Colorado that requires pro hac vice admission unless the attorney is granted such admission pursuant to C.R.C.P. 205.3, 205.4, or 205.5.

(4) Notice of Disciplinary Investigation. The attorney must immediately notify the Office of Attorney Registration if the attorney becomes subject to a disciplinary or disability investigation, complaint, or sanctions in any other jurisdiction at any time during the 365 days of practice authorized by this rule. The Attorney Regulation Counsel, Office of Admissions, shall take into account such information in determining whether to grant the attorney’s application for admission to practice law in Colorado.

(5) Discipline and Disability Jurisdiction. Any attorney practicing under this rule shall be subject to all applicable provisions of the Colorado Rules of Professional Conduct, except for the provisions of Colo. RPC 1.15 that require an attorney to have a business account and a trust account in a financial institution doing business in Colorado; and the Colorado Rules of Civil Procedure, except C.R.C.P. 227 (general registration fees) and C.R.C.P. 250 (mandatory continuing legal education).

(6) Automatic Termination. The authority in this rule shall terminate immediately if the attorney:

(a) Withdraws the application for admission to practice law in Colorado;

(b) Fails to remain in compliance with section (1) of this rule;

(c) Is disbarred, suspended, or placed on disability inactive status in any other jurisdiction in which the attorney is licensed to practice law; or

(d) Fails to comply with the notification requirements of section (4) of this rule.

(7) Required Action After Termination of Authority. Upon termination of authority to practice law pursuant to this rule, the attorney must notify in writing all clients in pending matters, and opposing counsel and co-counsel in pending litigation, of the termination of authority, and immediately cease practicing law in Colorado.

(8) Plenary Authority. The Supreme Court, in its discretion, may extend the time limits set forth in this rule for good cause shown.

C.R.C.P. 205.6

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

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