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PA Bulletin, Doc. No. 04-646

THE COURTS

PART IV. ADMISSION TO PRACTICE LAW

[204 PA. CODE CH. 71]

Amendment of Rule 204 of the Pennsylvania Bar Admission Rules; No. 334 Supreme Court Rules; Doc. No. 1

[34 Pa.B. 2063]

Order

Per Curiam:

   And Now, this 30th day of March, 2004, Rule 204 of the Pennsylvania Bar Admission Rules is amended to read as follows.

   To the extent that notice of proposed rulemaking would be required by Pennsylvania Rule of Judicial Administration No. 103 or otherwise, the immediate amendment of Pa. B.A.R. 204 is hereby found to be required in the interest of justice and efficient administration. This Order shall be processed in accordance with Pennsylvania Rule of Judicial Administration No. 103(b) and the amendment adopted hereby shall be effective in 180 days from the date of this order.

Annex A

TITLE 204. JUDICIAL SYSTEM GENERAL PROVISIONS

PART IV. ADMISSION TO PRACTICE LAW

CHAPTER 71. PENNSYLVANIA BAR ADMISSION RULES

Subchapter B. ADMISSION TO THE BAR GENERALLY

IN GENERAL

Rule 204. Admission of domestic attorneys.

   As an alternative to satisfying the requirements of Rule 203 [(relating to admission of graduates of accredited and unaccredited institutions)], an attorney [of], licensed to practice law in another state may be admitted to the bar of this Commonwealth if the applicant [has] meets the following requirements:

   (1)  Has completed the study of law at and received without exception an earned Bachelor of Laws or Juris Doctor degree from an accredited law school[, is].

   (2)  Is a member of the bar of a reciprocal state on active status at the time of filing of the application for admission to the bar of this Commonwealth [and meets the following qualifications:].

   [(1)] (3)  * * *

   [(2)] (4)  Presentation of proof satisfactory to the Board that the applicant has for a period of five years of the last seven years immediately preceding the date of filing of the application for admission to the bar of this Commonwealth[:] devoted a major portion of time and energy to the practice of law in one or more states.

   [(i)  engaged in the practice of law in a state or states outside this Commonwealth; or

   (ii)  provided legal services as an attorney for the federal government regardless of the location of the services; or

   (iii)  served full time as a law clerk to a judge of any court of the United States or of any state or territory of the United States regardless of the location of the service;

provided the applicant had at some time been engaged in the practice of law or otherwise performed the legal functions set forth in subparagraphs (ii) and (iii) in reciprocal jurisdictions for at least five years or had been engaged in the practice of law or otherwise performed the legal functions set forth in subparagraphs (ii) and (iii) in reciprocal jurisdictions for a substantial portion of the five out of the seven year period immediately preceding the application or for such portion of time for which credit is being sought in combination with subparagraphs (iv) and (v). For purposes of this paragraph, the phrase ''engaged in the practice of law'' is defined as ''devoting a major portion of one's time and energy to the rendering of legal services'';

   (iv)  engaged full-time in the teaching of law at one or more accredited law schools, colleges or universities in the United States provided a substantial portion of such time was spent teaching at an accredited law school; or

   (v)  served on active duty in the United States military service, as a judge advocate or law specialist, as those terms are defined in the Uniform Code of Military Justice, 10 U.S.C. Sec. 801, as amended, regardless of the location of the service.

   Service under subparagraphs (i), (ii), (iii), (iv) and (v) may be combined to satisfy the five year service requirement of this subparagraph.]

   (5)  Presentation of proof satisfactory to the board that the applicant has either taken and passed the bar examination in a reciprocal state or has devoted a major portion of time and energy to the practice of law in a reciprocal state for five years of the last seven years immediately preceding the date on which an application was filed under this rule.

   [(3)] (6)  * * *

   [(4)] (7)  * * *

   [(5)] (8)  * * *

   For purposes of this rule, the phrase ''practice of law'' is defined as engaging in any of the following legal activities, provided such activities were performed in a state in which the applicant was admitted to practice law or in a state that affirmatively permitted such activity by a lawyer not admitted to practice law in the jurisdiction:

   (i)  Representation of one or more clients in the private practice of law.

   (ii)  Providing legal services as an attorney with a local, state or federal agency.

   (iii)  Teaching law full time at an accredited law school, college or university in the United States, provided a substantial portion of such time was spent teaching at an accredited law school.

   (iv)  Service as a judge in a federal, state or local court of record.

   (v)  Service full time as a judicial law clerk to any judge of any court of the United States or of any state or territory of the United States.

   (vi)  Service as corporate counsel.

   (vii)  Service on active duty in the United States military service, as a judge advocate or law specialist, as those terms are defined in the Uniform Code of Military Justice, 10 U.S.C. Sec. 801, as amended.

   The term ''practice of law'' shall not include providing legal services in any of the above referenced areas, when such services as undertaken constituted the unauthorized practice of law in the state in which the legal services were performed or in the state in which the clients receiving the unauthorized services were located.

*      *      *      *      *

[Pa.B. Doc. No. 04-646. Filed for public inspection April 16, 2004, 9:00 a.m.]



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