05: Licensing of Foreign Legal Consultants

Massachusetts Supreme Judicial Court Rules

Rule: 3

Jurisdiction: MA

Bluebook Citation: S.J.C. R. 3

5.1 Limitations A person licensed to practice as a foreign legal consultant under this Rule may render legal services in this Commonwealth subject, however, to the limitations that he or she shall not: (a) appear for a person other than himself or herself as attorney in any court, or before any magistrate or other judicial officer, in this Commonwealth (other than upon admission pro hac vice pursuant to G. L. c. 221, § 39 ); (b) prepare any instrument effecting the transfer or registration of title to real estate located in the United States of America; (c) prepare: (i) any will or trust instrument effecting the disposition on death of any property located in the United States of America and owned by a resident thereof, or (ii) any instrument relating to the administration of a decedent's estate in the United States of America; (d) prepare any instrument in respect of the marital or parental relations, rights or duties of a resident of the United States of America, or the custody or care of the children of such a resident; (e) render professional legal advice on the law of this Commonwealth or of the United States of America (whether rendered incident to the preparation of legal instruments or otherwise); (f) be, or in any way hold himself or herself out as, a member of the bar of this Commonwealth unless duly admitted as such; or (g) carry on his or her practice under, or utilize in connection with such practice, any name, title or designation other than one or more of the following: (i) his or her own name; (ii) the name of the law firm with which he or she is affiliated; (iii) his or her authorized title in the foreign country of his or her admission to practice, which may be used in conjunction with the name of such country; and (iv) the title "foreign legal consultant," which may be used in conjunction with the words "admitted to the practice of law in [name of the foreign country of his or her admission to practice]." 5.2 Not unauthorized practice of law A duly licensed foreign legal consultant acting in accordance with the foregoing limitations shall not be considered engaged in the unauthorized practice of law for purposes of G. L. c. 221, § 46A (or any successor provision).

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