MRPC Rule 5.5

(a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal

profession in that jurisdiction, or assist another in doing so.

(b) A lawyer who is not admitted to practice in this jurisdiction shall not:

(1) except as authorized by law or these rules, establish an office or other systematic and

continuous presence in this jurisdiction for the practice of law; or

(2) hold out to the public or otherwise represent that the lawyer is admitted to practice law

in this jurisdiction.

(c) A lawyer admitted in another jurisdiction of the United States and not disbarred or

suspended from practice in any jurisdiction may provide temporary legal services in this

jurisdiction that:

(1) are undertaken in association with a lawyer who is admitted to practice in this

jurisdiction and who actively participates in the matter;

(2) are in or reasonably related to a pending or potential proceeding before a tribunal in this

or another jurisdiction, if the lawyer or a person the lawyer is assisting is authorized by

law to appear in such proceeding or reasonably expects to be so authorized;

(3) are in or reasonably related to a pending or potential arbitration, mediation, or other

alternative dispute resolution proceeding in this or another jurisdiction, if the services

arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which

the lawyer is admitted to practice and are not services for which the forum requires pro

hac vice admission; or

(4) are not covered by paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related

to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice.

(d) A lawyer admitted in another jurisdiction of the United States and not disbarred or

suspended from practice in any jurisdiction may provide legal services in this jurisdiction

that:

Michigan Rules of Professional Conduct 73 Updated with MSC order(s)

(1) are provided to the lawyer’s employer or its organizational affiliates and are not

services for which the forum requires pro hac vice admission; or

(2) are services that the lawyer is authorized by law to provide in this jurisdiction.

(e) A lawyer admitted in another jurisdiction of the United States and not disbarred or

suspended may practice the law of the jurisdiction(s) in which the lawyer is properly

licensed while physically present in the State of Michigan, if the lawyer does not:

(1) hold themselves out as having an office in the State of Michigan,

(2) provide legal services in the State of Michigan, unless otherwise permitted by law or

Supreme Court rule, or

(3) offer to provide legal services in the State of Michigan, unless otherwise permitted by

law or Supreme Court rule.

A lawyer may practice law only in a jurisdiction in which the lawyer is authorized to practice. A

lawyer may be admitted to practice law in a jurisdiction on a regular basis or may be authorized

by law, order, or court rule to practice for a limited purpose or on a restricted basis. See, for

example, MCR 8.126, which permits, under certain circumstances, the temporary admission to

the bar of a person who is licensed to practice law in another jurisdiction, and Rule 5(E) of the

Rules for the Board of Law Examiners, which permits a lawyer who is admitted to practice in a

foreign country to practice in Michigan as a special legal consultant, without examination,

provided certain conditions are met.

Paragraph (a) applies to the unauthorized practice of law by a lawyer, whether through the

lawyer’s direct action or by the lawyer assisting another person. The definition of the practice of

law is established by law and varies from one jurisdiction to another. Whatever the definition,

limiting the practice of law to members of the bar protects the public against rendition of legal

services by unqualified persons. This rule does not prohibit a lawyer from employing the

services of paraprofessionals and delegating functions to them, so long as the lawyer supervises

the delegated work and retains responsibility for it. See Rule 5.3.

A lawyer may provide professional advice and instruction to nonlawyers whose employment

requires knowledge of the law, for example, claims adjusters, employees of financial or

commercial institutions, social workers, accountants and persons employed in government

agencies. Lawyers also may assist independent nonlawyers, such as paraprofessionals, who are

authorized by the law of a jurisdiction to provide particular law-related services. In addition, a

lawyer may counsel nonlawyers who wish to proceed pro se.

Other than as authorized by law or this rule, a lawyer who is not admitted to practice generally in

this jurisdiction violates paragraph (b) if the lawyer establishes an office or other systematic and

continuous presence in this jurisdiction for the practice of law. Presence may be systematic and

continuous even if the lawyer is not physically present here. Such a lawyer must not hold out to

the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

See also Rules 7.1(a) and 7.5(b).

There are occasions on which a lawyer admitted to practice in another jurisdiction of the United

States and not disbarred or suspended from practice in any jurisdiction may provide legal

services on a temporary basis in this jurisdiction under circumstances that do not create an

unreasonable risk to the interests of clients, the public, or the courts. Paragraph (c) identifies

four such circumstances. The fact that conduct is not so identified does not indicate whether the

conduct is authorized. With the exception of paragraphs (d)(1) and (d)(2), this rule does not

authorize a lawyer to establish an office or other systematic and continuous presence in this

jurisdiction without being admitted here to practice generally.

There is no single test to determine whether a lawyer’s services are provided on a “temporary

basis” in this jurisdiction and, therefore, may be permissible under paragraph (c). Services may

be “temporary” even though the lawyer provides services in this jurisdiction on a recurring basis

or for an extended period of time, as when the lawyer is representing a client in a single lengthy

negotiation or litigation.

Paragraphs (c) and (d) apply to lawyers who are admitted to practice law in any jurisdiction of

the United States, including the District of Columbia and any state, territory, or commonwealth.

The word “admitted” in paragraph (c) contemplates that the lawyer is authorized to practice and

is in good standing to practice in the jurisdiction in which the lawyer is admitted and excludes a

lawyer who, while technically admitted, is not authorized to practice because, for example, the

lawyer is on inactive status or is suspended for nonpayment of dues.

Paragraph (c)(1) recognizes that the interests of clients and the public are protected if a lawyer

admitted only in another jurisdiction associates with a lawyer licensed to practice in this

jurisdiction. For this paragraph to apply, however, the lawyer admitted to practice in this

jurisdiction must actively participate in and share responsibility for the representation of the

client.

Lawyers not admitted to practice generally in a jurisdiction may be authorized by law or order of

a tribunal or an administrative agency to appear before the tribunal or agency. This authority

may be granted pursuant to formal rules governing admission pro hac vice, such as MCR 8.126,

or pursuant to informal practice of the tribunal or agency. Under paragraph (c)(2), a lawyer does

not violate this rule when the lawyer appears before a tribunal or agency pursuant to such

authority. To the extent that a law or court rule of this jurisdiction requires that a lawyer who is

not admitted to practice in this jurisdiction obtain admission pro hac vice before appearing before

a tribunal or administrative agency, this rule requires the lawyer to obtain that authority.

Paragraph (c)(2) also provides that a lawyer rendering services in this jurisdiction on a temporary

basis does not violate this rule when the lawyer engages in conduct in anticipation of a

proceeding or hearing in a jurisdiction in which the lawyer is authorized to practice law or in

which the lawyer reasonably expects to be admitted pro hac vice under MCR 8.126. Examples

of such conduct include meetings with a client, interviews of potential witnesses, and the review

of documents. Similarly, a lawyer admitted only in another jurisdiction may engage temporarily

in this jurisdiction in conduct related to pending litigation in another jurisdiction in which the

lawyer is or reasonably expects to be authorized to appear, including taking depositions in this

jurisdiction.

When a lawyer has been or reasonably expects to be admitted to appear before a court or

administrative agency, paragraph (c)(2) also permits conduct by lawyers who are associated with

that lawyer in the matter but who do not expect to appear before the court or administrative

agency. For example, subordinate lawyers may conduct research, review documents, and attend

meetings with witnesses in support of the lawyer responsible for the litigation.

Michigan Rules of Professional Conduct 74 Updated with MSC order(s)

Michigan Rules of Professional Conduct 75 Updated with MSC order(s)

Paragraph (c)(3) permits a lawyer admitted to practice law in another jurisdiction to perform

services on a temporary basis in this jurisdiction, provided that those services are in or are

reasonably related to a pending or potential arbitration, mediation, or other alternative dispute

resolution proceeding in this or another jurisdiction and the services arise out of or are

reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to

practice. The lawyer, however, must obtain admission pro hac vice under MCR 8.126 in the case

of a court-annexed arbitration or mediation, or otherwise if required by court rule or law.

Paragraph (c)(4) permits a lawyer admitted in another jurisdiction to provide certain legal

services on a temporary basis in this jurisdiction if they arise out of or are reasonably related to

the lawyer’s practice in a jurisdiction in which the lawyer is admitted but are not covered by

paragraphs (c)(2) or (c)(3). These services include both legal services and services performed by

nonlawyers that would be considered the practice of law if performed by lawyers.

Paragraphs (c)(3) and (c)(4) require that the services arise out of or be reasonably related to the

lawyer’s practice in a jurisdiction in which the lawyer is admitted. A variety of factors indicate

such a relationship. The lawyer’s client previously may have been represented by the lawyer or

may reside in or have substantial contacts with the jurisdiction in which the lawyer is admitted.

The matter, although involving other jurisdictions, may have a significant connection with that

jurisdiction. In other cases, significant aspects of the lawyer’s work may be conducted in that

jurisdiction or a significant aspect of the matter may involve the law of that jurisdiction. The

necessary relationship may arise when the client’s activities or the legal issues involve multiple

jurisdictions, such as when the officers of a multinational corporation survey potential business

sites and seek the services of the corporation’s lawyer in assessing the relative merits of each. In

addition, the services may draw on the lawyer’s recognized expertise, as developed through the

regular practice of law on behalf of clients in matters involving a particular body of federal,

nationally uniform, foreign, or international law.

Paragraph (d) identifies two circumstances in which a lawyer who is admitted to practice in

another jurisdiction of the United States and is not disbarred or suspended from practice in any

jurisdiction may establish an office or other systematic and continuous presence in this

jurisdiction for the practice of law as well as to provide legal services on a temporary basis.

Except as provided in paragraphs (d)(1) and (d)(2), a lawyer who is admitted to practice law in

another jurisdiction and who establishes an office or other systematic or continuous presence in

this jurisdiction must become admitted to practice law generally in this jurisdiction.

Paragraph (d)(1) applies to a lawyer who is employed by a client to provide legal services to the

client or its organizational affiliates, i.e., entities that control, are controlled by, or are under

common control with the employer. This paragraph does not authorize the provision of personal

legal services to the employer’s officers or employees. This paragraph applies to in-house

corporate lawyers, government lawyers, and others who are employed to render legal services to

the employer. The lawyer’s ability to represent the employer outside the jurisdiction in which

the lawyer is licensed generally serves the interests of the employer and does not create an

unreasonable risk to the client and others because the employer is well situated to assess the

lawyer’s qualifications and the quality of the lawyer’s work.

If an employed lawyer establishes an office or other systematic presence in this jurisdiction for

the purpose of rendering legal services to the employer, the lawyer may be subject to registration

Michigan Rules of Professional Conduct 76 Updated with MSC order(s)

or other requirements, including assessments for client protection funds and mandatory

continuing legal education.

Paragraph (d)(2) recognizes that a lawyer may provide legal services in a jurisdiction in which

the lawyer is not licensed when authorized to do so by statute, court rule, executive regulation, or

judicial precedent.

A lawyer who practices law in this jurisdiction is subject to the disciplinary authority of this

jurisdiction. See Rule 8.5(a).

In some circumstances, a lawyer who practices law in this jurisdiction pursuant to paragraphs (c)

or (d) may be required to inform the client that the lawyer is not licensed to practice law in this

jurisdiction. For example, such disclosure may be required when the representation occurs

primarily in this jurisdiction and requires knowledge of the law of this jurisdiction. See Rule

1.4(b).

Paragraphs (c) and (d) do not authorize lawyers who are admitted to practice in other

jurisdictions to advertise legal services to prospective clients in this jurisdiction. Whether and

how lawyers may communicate the availability of their services to prospective clients in this

jurisdiction is governed by Rules 7.1 to 7.5.

Paragraph (e) is not meant to infringe upon any authorized practice in the federal courts. See,

e.g., In re Desilets, 291 F3d 925 (CA 6, 2002).