Statewide Bar Counsel
1. What is the
multi-jurisdictional practice notification process?
Rule 5.5(f) of the Rules of
Professional Conduct requires non-admitted lawyers who wish to
appear in this state to provide legal services in certain matters to
give notice to the statewide bar counsel prior to and at the
conclusion of the representation and to pay a fee.
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2. What types of
matters require compliance with Rule 5.5(f)?
Non-admitted lawyers must
comply with subsection (f) for “each separate matter” that the
lawyer seeks to provide legal services in this state, when those
legal services fall within subsection (c)(3) and (c)(4) of Rule 5.5.
Rule 5.5(c) provides:
(c) A lawyer admitted in another
United States jurisdiction which accords similar privileges to
Connecticut lawyers in its jurisdiction, and provided that the
lawyer is not disbarred or suspended from practice in any
jurisdiction, may provide legal services on a temporary basis 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 or
order to appear in such proceeding or reasonably expects to
be so authorized;
(3) are in or reasonably
related to a pending or potential mediation or other
alternative dispute resolution proceeding in this or another
jurisdiction, with respect to a matter that is substantially
related to, or arises 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 within
subsections (c)(2) or (c)(3) and arise out of or are
substantially related to the legal services provided to an
existing client of the lawyer’s practice in a jurisdiction
in which the lawyer is admitted to practice.
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3. What are some
common examples of matters for which a non-admitted lawyer must
comply with Rule 5.5(f)?
No list in this area could be
exhaustive, but some common examples are:
- Appearing in Connecticut for a private mediation or arbitration.
- Appearing in Connecticut to
perform a real estate or business closing and related duties.
- Appearing in Connecticut for a
legal meeting with an existing or potential client.
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4. What is the fee
for a notification pursuant to Rule 5.5(f)?
The State of Connecticut
Judicial Branch has established a fee of $100 per notification.
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5. How does a
non-admitted lawyer provide the notification and payment required by
Rule 5.5(f)?
The notification and payment
required by Rule 5.5(f) must be done online
through the Statewide
Grievance Committee here.
No other forms of notification and payment (e.g. mail, fax, courier,
etc.) will constitute compliance with this rule.
For first time users only:
1. Select the “Enroll” option
and provide the required information then select “Continue.”
You will need to remember your email address and password to
log into the system in the future, including the
notification that is required at the end of the
representation.
For all enrolled users:
1. After logging in, provide
the information in the “Enter New Notification” screen and then
select “Continue.”
2. Verify that the
information for the notification is correct and select
“Modify” to make any changes. Otherwise select “Submit and
Pay by Credit Card” to pay the $100 notification fee.
3. Pay the required fee by
Master Card or Visa. Select “Process Payment” to pay the
fee.
4. At the end of the
representation, log back into the system and select “edit”
to provide the “Representation End Date.” Check the
certification box, then select “Update” to complete the
process.
5. Provide a new notification
and pay an additional fee for each separate matter.
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6. What
constitutes a “separate matter” for which a new notification is
required under Rule 5.5(f)?
Non-admitted lawyers subject
to Rule 5.5(f) must provide a new notification and pay a fee for
each separate matter that falls within Rule 5.5(c)(3) and (c)(4).
Examples of when a new notification and fee must be provided and
when it is not include, but are not limited to:
a. A title search, client meeting
and closing in a single real property transaction. This is one
matter for which one notification and payment only must be made
even if the parts to the transaction occur over multiple days.
b. Legal meetings with an
existing client on one or multiple days regarding multiple
files. These are separate matters for which separate
notifications and payments must be made.
c. Multiple attorneys appearing
for an existing client in a single matter. Each attorney must
provide a separate notification and payment.
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7. What
constitutes providing legal services in this jurisdiction?
The practice of law in
Connecticut is defined by Section 2-44A of the Connecticut Practice
Book. To the extent that a
non-admitted lawyer is practicing law in this jurisdiction as
defined by Section 2-44A, the non-admitted lawyer need not be physically
present in Connecticut to come within the requirements of Rule
5.5(f).
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8. What happens if a lawyer subject to Rule 5.5(f)
does not provide the requisite notification and fee?
Rule 8.5 of Connecticut’s
Rules of Professional Conduct extends disciplinary jurisdiction over
non-admitted lawyers who provide legal services in Connecticut.
Specifically, Rule 8.5(a) provides, among other things, [a] lawyer
not admitted in this jurisdiction is also subject to the
disciplinary authority of this jurisdiction if the lawyer provides
or offers to provide any legal services in this jurisdiction. A
lawyer may be subject to the disciplinary authority of both this
jurisdiction and another jurisdiction for the same conduct.
Accordingly, if a non-admitted lawyer provides legal services in
Connecticut that are contemplated by Rule 5.5(c)(3) and (c)(4) and
fails to provide the notice and payment required by Rule 5.5(f),
the lawyer is subject to discipline.
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9. Are there
situations in which I cannot use Rule 5.5(f)’s MJP notification
process to provide legal services in Connecticut?
Yes. The MJP notification
process set forth in Rule 5.5(f) is limited to matters that:
(3) are in or reasonably related
to a pending or potential mediation or other alternative dispute
resolution proceeding in this or another jurisdiction, with
respect to a matter that is substantially related to, or arises
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 within subdivisions
(c) (2) or (c) (3) and arise out of or are substantially related
to the legal services provided to an existing client of the
lawyer’s practice in a jurisdiction in which the lawyer is
admitted to practice.
Rule 5.5(c)(3) and (4) of the Rules
of Professional Conduct (2008).
It is not necessary to file an MJP notification to take a deposition in Connecticut so long as you are in compliance with court procedure. See, https://www.jud.ct.gov/CivilProc/Depose.pdf
Some common examples when your MJP
notification would be rejected are:
- The jurisdiction in which your
matter arises does not accord Connecticut lawyers similar
privileges. Please see Notice Regarding Jurisdictions That
Accord Similar MJP Privileges to Connecticut Attorneys.
- The matter involves an
appearance before a court or administrative tribunal, in which pro hac vice status is
required pursuant to Section 2-16 of the Connecticut Practice
Book.
- Your client resides in
Connecticut and you are not working with a Connecticut attorney
on the matter. (NB: If you are assisting a Connecticut attorney
on a legal matter pursuant to Rule 5.5(c)(1), you do not need to
file an MJP notification.)
- The legal services you wish to
provide in Connecticut are not temporary.
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10. How will I
know that my MJP notification has been rejected?
You will be sent written
notice of the rejection by the Statewide Grievance Committee with
instructions on how to request a refund of the MJP notification fee.
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11. As a Connecticut attorney, can I verify that an out-of-state lawyer has complied with this rule?
Yes. Contact us at
statewide.grievance@jud.ct.gov and we can verify the filing. Connecticut attorneys are in the best position to promote compliance with this rule.
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