Ohio Gov.Bar R. XI

Section 1. General Requirements.

A “Foreign Legal Consultant” is a person who satisfied all of the following criteria:

(A) Has been admitted to the practice of law in a foreign country or political subdivision

thereof as an attorney or counselor of law or the equivalent of that country and has been in good

standing as an attorney or counselor of law or the equivalent in such f oreign country for at least

four of the six years immediately preceding the person’s application for a Certificate of

Registration as described in Section 2 of this rule;

(B) Possesses the character, fitness, and moral qualifications requisite for a member of

the Bar of Ohio;

(C) Possesses the requisite documentation evidencing compliance with the immigration

laws of the United States;

(D) Intends to practice as a Foreign Legal Consultant in the State of Ohio and to

maintain an office in the state for such practice;

(E) Is at least twenty-one years of age;

(F) Obtains a Certificate of Registration as a Foreign Legal Consultant from the

Supreme Court pursuant to the requirements set forth in this rule.

Section 2. Application Procedure.

(A) An applicant for a Certificate of Registration as a Foreign Legal Consultant shall

file all of the following with the Office of Bar Admissions of the Supreme Court:

(1) A completed application and a character questionnaire on forms furnished by the

Office of Bar Admissions, accompanied by a nonrefundable fee of five hundred fifty dollars;

(2) A certificate from the authority in such foreign country having final jurisdiction

over admission to the practice of law or professional discipline, certifying as to the applicant’s

admission to practice and the date thereof, and as to the good standing of such attorney or counselor

of law or the equivalent, together with an authenticated English translation of such certificate if it

is not in English;

(3) A letter of recommendation from one of the members or a responsible official of

the executive body of the authority having final jurisdiction over admission to the practice of law

or professional discipline, or from one of the judges of the highest law court of original jurisdiction

of the foreign country, together with an authenticated English translation if it is not in English;

(4) Letters of recommendation from at least two attorneys or counselors of law or the

equivalent admitted to and practicing in such foreign country, setting forth the length of time,

when, and under what circumstances they have known the applicant, and their a ppraisal of the

applicant’s character, fitness, and moral qualifications, together with an authenticated English

translation if it is not in English;

(5) A letter of recommendation from at least one attorney who is licensed to practice

law in the State of Ohio, who is not registered as a Foreign Legal Consultant under this Rule,

setting forth the length of time, when, and under what circumstances he or she has known the

applicant, and his or her appraisal of the applicant’s character, fitness, and moral qualifications;

(6) A copy or summary of the law and customs of the foreign country that describes

the opportunity afforded to members of the Bar of Ohio to establish offices for the giving of legal

advice to clients in such foreign country, together with an authenticated English translation if it is

not in English;

(7) Such other evidence as to the applicant’s education, professional qualifications,

character, fitness, and moral qualifications as the Supreme Court may require.

(B) When the applicant has filed the documents required by division (A) of this section,

the Office of Bar Admissions shall forward a copy of the documents to the admissions committee

in the county where the applicant resides or intends to practice as a Foreig n Legal Consultant, or

to such other admissions committee as the Office of Bar Admissions deems appropriate, in

accordance with Gov. Bar R. I, Section 12. The admissions committee shall conduct an

investigation of the applicant’s character, fitness, and m oral qualifications for registration as a

Foreign Legal Consultant. In conducting its investigation, the admissions committee shall follow

the standards and procedures required by Gov. Bar R. I, Section 12, except that a personal

interview of the applican t shall not be required. The admissions committee shall report its

recommendation in writing to the Office of Bar Admissions on a form prescribed by the Office.

Any recommendation other than an unqualified approval shall be deemed a recommendation that

the applicant not be issued a Certificate of Registration. An appeal from such recommendation

may be taken as provided in Gov. Bar R. I, Section 13.

(C) The Supreme Court shall determine from the documents filed under division (A) of

this section, the report of the admissions committee and, in those instances where it is submitted,

the report and recommendation of the Board of Commissioners on Character and Fitness, whether

the applicant shall be issued a Certificate of Registration as a Foreign Legal Consultant. The Office

of Bar Admissions shall notify the applicant concerning the acceptance or rejection of the

application.

Section 3. Hardship Waiver.

Upon a showing that strict compliance with the provisions of Section 2(A)(2), (A)(3), or

(A)(4) of this rule would cause the applicant unnecessary hardship, or upon a showing of

exceptional professional qualifications to practice law as a Foreign Legal Consultant, the Supreme

Court may waive or vary the application of such provisions and permit the applicant to make such

other showing as is satisfactory to the Supreme Court.

Section 4. Reciprocity.

In considering whether to issue a Certificate of Registration under this rule, the Supreme

Court may consider whether a member of the Bar of Ohio would have a reasonable and practical

opportunity to establish an office in the applicant’s country or jurisdi ction of admission for the

giving of legal advice to clients. Any member of the Bar of Ohio who is seeking or has sought to

establish an office in that country or jurisdiction may request the Supreme Court to consider the

matter, or the Supreme Court may do so on its own initiative.

Section 5. Scope of Practice.

A person registered as a Foreign Legal Consultant by the Supreme Court may render legal

services in this state subject to the limitation that such person shall not do any of the following:

(A) Appear for a person other than himself or herself as attorney in any court, before

any magistrate, referee, or other judicial officer, or before any administrative agency in this state,

or prepare pleadings or any other papers or issue subpoenas in any act ion or proceeding brought

in any such court, before any such magistrate, referee, or other judicial officer, or before any such

administrative agency in this state;

(B) Prepare any of the following:

(1) Any deed, mortgage, assignment, discharge, lease, or any other instrument

affecting title to real property, or statement of opinion as to the legal effect or sufficiency thereof,

located in the United States;

(2) Any will or trust instrument affecting the disposition on death of any property

located in the United States or owned by a resident thereof;

(3) Any instrument relating to the administration of a decedent’s estate in the United

States; or

(4) Any instrument with respect to marital rights, relations, or duties of a resident of

the United States, or the custody or care of the children of such a resident;

(C) Otherwise render professional legal advice to or perform legal service for any

person, firm, corporation, or other legal entity on the law of the State of Ohio, or the United States

of America, or any other state or territory thereof, including the Distric t of Columbia, except on

the basis of advice from a person acting as counsel to such Foreign Legal Consultant (and not in

his or her official capacity as a public employee) duly qualified and entitled (other than by virtue

of having been licensed as a Fore ign Legal Consultant under this Rule) to practice law in such

jurisdiction who has been consulted in the particular matter at hand and has been identified to the

client by name;

(D) In any way hold himself or herself out as a member of the Bar of Ohio.

Section 6. Title.

A person registered as a Foreign Legal Consultant shall not use any title other than “Foreign

Legal Consultant” and shall include the name of the foreign country in which he or she is admitted

to practice law. A Foreign Legal Consultant may also add his or her authorized title and firm name

used in the foreign country.

Section 7. Disciplinary Provisions.

(A) Each registered Foreign Legal Consultant shall do all of the following:

(1) Be subject to regulation by the Supreme Court, and to reprimand, suspension, or

revocation of his or her Certificate of Registration in accordance with the Ohio Rules of

Professional Conduct set forth in Gov. Bar R. IV and with the disciplinary procedural rules

applicable to members of the Bar of Ohio set forth in Gov. Bar R. V;

(2) Provide the Office of Bar Admissions with evidence of professional liability

insurance or other proof of financial responsibility, in such amount as the Supreme Court may

prescribe, to ensure the Foreign Legal Consultant’s proper professional conduct and responsibility;

(3) Execute and file all of the following with the Office of Bar Admissions, in such

form and manner as the Office may prescribe:

(a) An oath attesting that such Foreign Legal Consultant will abide by the rules and

regulations applicable to such Foreign Legal Consultant;

(b) A document setting forth the Foreign Legal Consultant’s address in the State of

Ohio and designating the Director of Bar Admissions of the Supreme Court as agent upon whom

process may be served, with like effect as if served personally upon the Foreign Legal Consultant,

in any action or proceeding thereafter brought against the Foreign Legal Consultant arising out of

or based upon any legal services rendered or offered to be rendered by the Foreign Legal

Consultant within or to residents of the State of Ohio;

(c) The Foreign Legal Consultant’s commitment to notify the Office of Bar

Admissions of any resignation or revocation of the Foreign Legal Consultant’s admission to

practice in the foreign country of admission, of any censure, suspension, or expulsion in respect to

such admission, or of any change of address within the State of Ohio.

(B) Service of process on the Director of Bar Admissions, pursuant to the designation

required by division (A)(3)(b) of this section, shall be made by personally delivering to and leaving

with the Director of Bar Admissions at his or her office, duplicate copies of such process together

with a fee of ten dollars. Service of process shall be complete when the Director of Bar Admissions

has been so served. The Director of Bar Admissions shall promptly send one of such copies to the

Foreign Legal Consultant to whom the process is directed, by certified mail, return receipt

requested, addressed to such Foreign Legal Consultant at the address specified by him or her.

(C) Insofar as applicable and not inconsistent with this rule, Gov. Bar R. IV and V shall

apply to registered Foreign Legal Consultants. For the purpose of applying Gov. Bar R. IV and

V, the terms “attorney,” “attorney and counselor at law,” “member of the Bar of Ohio,” or other

such designation in those rules shall be deemed to include registered Foreign Legal Consultants.

Section 8. Annual Renewal.

The Certificate of Registration as a Foreign Legal Consultant shall be valid for one year,

unless suspended or revoked, and may be renewed upon the filing of an annual request with the

Office of Bar Admissions. The annual request shall be on a form furnis hed by the Office of Bar

Admissions and shall be accompanied by payment of an annual renewal fee of two hundred dollars

and such evidence as the Supreme Court shall deem necessary to demonstrate that all requirements

for the issuance of an original certificate continue to be met.