DE · rules
Del. Supr. Ct. R. 55.3
Limited permission to practice for certain Assistant United States Attorneys
(a) Limited permission to practice. —A lawyer admitted to the practice of law in a jurisdiction other than this state, of the United States,
who is employed by the United States Attorney’s Office for the District of Delaware may apply for a Delaware Certificate of Limited
Practice Pursuant to Rule 55.3, which will allow the lawyer to practice law in the courts and administrative tribunals of this State for the
purpose of aiding the Attorney General of the State of Delaware in matters enforcing the laws of the state.
(b) An applicant for a Delaware Certificate of Limited Practice Pursuant to Rule 55.3 shall:
(1) File under oath the Supreme Court’s form application for a Delaware Certificate of Limited Practice Pursuant to Rule 55.3.
(2) Furnish a certificate signed by the licensing authority in each jurisdiction in which the applicant is admitted to practice law, stating
that the applicant is licensed to practice and is an active member in good standing at the bar of at least one of those jurisdictions.
(3) File an affidavit on a form furnished by the Supreme Court, from the United States Attorney for the District of Delaware who
attests:
(A) That the applicant is employed as a lawyer by the United States Department of Justice as an Assistant United States Attorney
in the District of Delaware and certifies that the applicant is and will remain an active member in good standing of another state bar
during the entire course of his or her employment pursuant to Rule 55.3;
(B) That the nature of the applicant’s employment conforms to the requirements of this Rule; and
(4) Certify that the applicant has read and is familiar with the Delaware Lawyers’ Rules of Professional Conduct.
(5) Pay an application fee in the amount of $100.
(c) Upon finding that the applicant has complied with the requirements of section (b) above, the Supreme Court shall notify the applicant
that he or she is eligible to be issued a Delaware Certificate of Limited Practice Pursuant to Rule 55.3.
(d) Application and oath. —Application for permission to practice before the courts and administrative tribunals of this State under
paragraph (a) of this Rule shall be made in open court at any session of the Court or in the chambers of any Justice of the Court. Each
applicant shall, on being granted such permission, take and subscribe the following oath or affirmation:
“I, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of
the State of Delaware and that I shall conduct myself strictly in accordance with all the terms and conditions of the Rules of the Delaware
Supreme Court, in particular Rule 55.3; that I will behave myself in connection with my Delaware Certificate of Limited Practice
Pursuant to Rule 55.3 and acting under Rule 55.3 according to the best of my learning and ability and with all good fidelity as well to the
Court as to the client; that I will use no falsehood nor delay any person’s cause through lucre or malice.”
After the applicant has taken and subscribed to the foregoing oath or affirmation, the applicant shall be issued a certificate entitling the
applicant to practice law in the state as provided in this Rule.
(e) The privileges and responsibilities of practice by an Assistant United States Attorney for the District of Delaware operating under a
valid certificate in this state shall include all privileges and responsibilities otherwise applicable to other Members of the Delaware Bar.
Accordingly, lawyers registered under this Rule shall be deemed to be practicing law in Delaware limited to the provisions of Rule 55.3
and are thus subject to:
(1) All rules governing the practice of law in Delaware. Jurisdiction of the Supreme Court shall continue whether or not the lawyer
retains the Delaware Certificate of Limited Practice Pursuant to Rule 55.3 and irrespective of the lawyer’s continued presence in the
state; and
(2) The requirements of the other state or states in which the Assistant United States Attorney is admitted to practice law.
(f) Each person issued a Delaware Certificate of Limited Practice Pursuant to Rule 55.3 shall promptly report to the Supreme Court any
change in employment, any change in bar membership status in any jurisdiction of the United States where the applicant has been admitted
to the practice of law, or the imposition of any disciplinary sanction in such jurisdiction by any federal court, state court, or agency before
which the applicant has been admitted to practice.
(g) If there is a change in circumstances and a lawyer admitted pursuant to this Rule becomes ineligible for limited practice, in accordance
with its provisions, both the lawyer and the United States Attorney shall immediately provide written notification to the Clerk of the
Delaware Supreme Court of that change in circumstance.
(h) The applicant’s authority to practice law as granted under this Rule shall be automatically suspended when:
(1) employment by the United States Department of Justice, and its representative, the United States Attorney for the District of
Delaware who furnishes the affidavit required by this Rule, is terminated;
(2) the lawyer fails to comply with any provision of this Rule; or
(3) when the lawyer is suspended or disbarred for disciplinary reasons in any jurisdiction of the United States or by any federal court
or agency or by any foreign nation before which the lawyer has been admitted to practice.
(i) The Supreme Court may adopt such additional regulations as needed to implement the requirements of this Rule.
Rule 55.3. Form 1. Application.
IN THE SUPREME COURT OF THE STATE OF DELAWARE
APPLICATION FOR A CERTIFICATE OF LIMITED PRACTICE PURSUANT TO RULE 55.3
I, [Full Name] do hereby apply to the Supreme Court of the State of Delaware for a Certificate of Limited Practice Pursuant to Supreme
Court Rule 55.3.
I certify that I am employed exclusively as an Assistant United States Attorney for the District of Delaware.
I certify that I am a member in good standing of the following bars: [List all bar memberships and membership identification numbers,
if any], and that I am an active member in good standing of the Bar of the State/Country of [List State/Country/Jurisdiction].
I certify that I have read, and am familiar with, the Delaware Lawyers’ Rules of Professional Conduct.
Dated:
APPLICANT SIGNATURE
ADDRESS
CITY/STATE/ZIP
PHONE/EMAIL
Sworn to and subscribed
Before me this
Day of, 20
Notary Public
Rule 55.3. Form 2. Certification of Membership by State Bar Licensing Authority.
[This is a suggested format. Anything comparable will be accepted.]
PRINTED LETTERHEAD STATE BAR LICENSING AUTHORITY
To Whom It May Concern:
[Full Name of Applicant] is an active/inactive member in good standing of the [Bar/Law Society] of the
[State/Commonwealth/Territory/Jurisdiction/Country] of [Name of Jurisdiction]. His/her year of admission was []. His/Her Bar
Identification Number is [].
Very truly yours,
[Signature]
[Printed Name and Address of Clerk or Licensing Authority Recorder]
Rule 55.3. Form 3. Report of Change of Status.
IN THE SUPREME COURT OF THE STATE OF DELAWARE
REPORT OF CHANGE OF STATUS UNDER RULE 55.3
Registrant holding a Delaware Certificate of Limited Practice Pursuant to Rule 55.3 hereby gives notice to the Court that
[His/Her employment with the United States Department of Justice, United States Attorney’s Office for the District of Delaware, whose
address is and whose telephone number is, has ended effective as
of [Date].]
[His/Her active membership in the Bar of [Jurisdiction] has changed to inactive/emeritus/senior status effective as of [Date].]
[He/She is the subject of disciplinary measures imposed by the Bar of [Jurisdiction] effective as of [Date]. The nature of these disciplinary
measures is as follows: [Describe the matter and the sanction imposed].]
Registrant is aware and acknowledges that his/her Certificate of Limited Practice Pursuant to Rule 55.3 granted by this Court on [Date]
is hereby revoked and ended as of the date hereinabove written.
Dated:
Signature of REGISTRANT
Printed Name of Registrant
[Address]
[Telephone Number]
[Electronic Mail Address]
Rule 55.3. Form 4. Employer Affidavit.
IN THE SUPREME COURT OF THE STATE OF DELAWARE
RULE 55.3
EMPLOYER AFFIDAVIT — RULE 55.3
STATE OF
COUNTY OF
BE IT REMEMBERED, that on this day of, A.D., 20, personally appeared before me, [FULL NAME OF
U.S. ATTORNEY FOR THE DISTRICT OF DELAWARE], who being duly sworn according to law, did depose and say:
1. I am the United States Attorney for the District of Delaware.
2. I certify that [NAME OF APPLICANT], hereinafter Applicant, is employed as a lawyer by the United States Department of Justice
as an Assistant United States Attorney for the District of Delaware and that the nature of the Applicant’s employment conforms to the
requirements of Rule 55.3.
3. I certify that Applicant works exclusively for the United States Department of Justice.
4. I certify that Applicant will remain an active member in good standing of the [BAR/LAW SOCIETY] of the
[STATE/COMMONWEALTH/JURISDICTION] of [NAME] during the entire course of his/her employment in the context of Rule 55.3.
5. I certify that I, or my successors, will notify the Supreme Court immediately if Applicant’s employment is terminated, or if any
conditions required by Rule 55.3 change.
Signature of United States Attorney for the District of Delaware
Printed name of U.S. Attorney
Sworn to and subscribed
before me this
Day of, 20
Notary Public
Rule 55.3. Form 5. Employer Report of Change of Status.
IN THE SUPREME COURT OF THE STATE OF DELAWARE
EMPLOYER REPORT OF CHANGE OF REGISTRANT STATUS
UNDER RULE 55.3
Employer of Registrant holding a Delaware Certificate of Limited Practice Pursuant to Rule 55.3 hereby gives notice to the Court that:
[the employment of [REGISTRANT’S NAME] has ended effective as of [Date].]
[the active membership of [REGISTRANT’S NAME] in the Bar of [Jurisdiction] has changed to inactive/emeritus/senior status effective
as of [Date]]
[it has been advised that [REGISTRANT’S NAME] is the subject of disciplinary measures imposed by the Bar of [Jurisdiction] effective
as of [Date].]
Signature of United States Attorney for the District of Delaware
Printed Name of United States Attorney for the District of Delaware
Dated:
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- 2026-09-23
- Content hash
e49f116c67d8cc7993daf8d0e15da88f27b6e5ecec206d1d02b0be14f4a99505
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