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Office of the Revisor of Statutes

PROFESSIONAL RULES

Rules for Admission to the Bar

Rule 10.Admission by House Counsel License

A.Practice by House Counsel.

A lawyer licensed in another jurisdiction shall not practice law in Minnesota as house counsel unless he or she is admitted to practice in Minnesota under this Rule, Rule 6 (Admission by Examination), Rule 7 (Admission Without Examination), or Rule 9 (Admission by Temporary House Counsel License).

B.Eligibility.

A lawyer licensed in another jurisdiction or the holder of a temporary house counsel license issued pursuant to Rule 9B and 9C, who intends to practice in Minnesota for more than 12 months, may apply for a house counsel license when the lawyer:

(1) Is employed in Minnesota as house counsel solely for a single corporation (or its subsidiaries), association, business, or governmental entity whose lawful business consists of activities other than the practice of law or the provision of legal services;

(2) Has practiced law by engaging in one or more of the activities listed in Rule 7A for at least 36 of the previous 60 months; and

(3) Complies with the eligibility provisions of Rule 4A(1), (2), (3)(a) or (c), (4), (5), and (6).

C.Requirements.

In order to qualify for the house counsel license, the applicant shall comply with the requirements of these Rules and file the following with the Board:

(1) An application for a license to practice law in Minnesota as described in Rule 4B;

(2) The documents listed in Rules 4C and 4D;

(3) An affidavit from an officer, director, or general counsel of applicant's employer or parent company stating the date of employment and attesting to the fact that applicant is employed as house counsel solely for that employer, that applicant is an individual of good character, and that the nature of the employment meets the requirements of Rule 10B(1);

(4) A fee consistent with Rule 12F; and

(5) Other information, as requested by the Board.

D.Limitation.

A license issued pursuant to this Rule authorizes the holder to practice solely for the employer designated in the Rule 10C(3) affidavit, except that the lawyer is authorized to provide "pro bono legal representation" to a "pro bono client" referred to the lawyer through an "approved legal services provider" as these phrases are defined in Rule 2S, Rule 2R, and Rule 2B, respectively, of the Rules of the Supreme Court for Continuing Legal Education of the Bar.

E.Expiration of House Counsel License.

The house counsel license shall expire upon termination of the holder's employment with the employer referenced in Rule 10C(3). After a house counsel license expires, the former license holder, unless already admitted to practice law in Minnesota under another of these Rules, shall not practice law in Minnesota or otherwise represent that he or she is admitted to practice law in Minnesota.

F.Notice of Termination of Employment.

A house counsel license holder shall notify both the Board and the Lawyer Registration Office in writing within 10 business days of termination of employment with the employer referenced in Rule 10C(3).

G.Re-Issuance of House Counsel License.

At the director's discretion, a house counsel license that has expired due to termination of holder's employment may be re-issued if re-issuance is requested within 90 days of the expiration of the license, provided that the other requirements of this Rule are met at the time of the request for re-issuance. The fee for re-issuance shall be consistent with Rule 12M.

H.Credit for Admission Without Examination.

Time in the practice of law under the house counsel license may be counted toward eligibility for admission without examination under Rule 7A.

I.Professional Conduct and Responsibility.

A lawyer licensed under this Rule shall abide by and be subject to all laws and rules governing lawyers admitted to the practice of law in this state.

(Added effective September 1, 2004; amended effective July 1, 2007; amended effective July 23, 2007; amended effective September 1, 2011; amended effective February 1, 2013; amended effective July 1, 2017; amended effective May 1, 2021.)