MINNESOTA COURT RULES

PROFESSIONAL RULES

Rules for Admission to the Bar

Rule 9.Admission by Temporary 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 10 (Admission by House Counsel License).

B.Eligibility.

A lawyer licensed in another jurisdiction may apply for and be admitted under a temporary 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; and

(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), (4), and (6).

The practice of law during the qualifying period must have been performed in a jurisdiction where the applicant is licensed or performed in a jurisdiction that permits the practice of law by a lawyer not licensed in that jurisdiction, unless the applicant, during the qualifying period, was practicing as house counsel for a corporation, agency, association, or trust department.

C.Requirements.

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

(1) An application for 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 employer stating the date of employment and attesting to the fact that applicant is employed as house counsel solely for said employer, that applicant is an individual of good character, and that the nature of the employment meets the requirements of Rule 9B(1);

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

(5) Other information, if 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 affidavit required by Rule 9C(3), 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.Issuance of Temporary House Counsel License.

An expedited character and fitness investigation will be conducted, and if the Board finds that the applicant's present character and fitness qualifies the applicant for admission, a temporary license will be issued.

F.Duration and Expiration of Temporary License.

The temporary license shall expire 12 months from the date of issuance, or sooner, upon the occurrence of any of the following:

(1) Termination of the holder's employment with the employer referenced in Rule 9C(3); or

(2) Admission to practice law in Minnesota pursuant to Rule 6 (Admission by Examination), Rule 7 (Admission Without Examination), or Rule 10 (Admission by House Counsel License); or

(3) Issuance of an adverse determination pursuant to Rule 15A.

After expiration of a temporary house counsel license, 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.

G.House Counsel License Without Time Limitation.

An applicant for or holder of a temporary house counsel license who anticipates practicing in Minnesota for more than 12 months should also apply for a house counsel license under Rule 10 or another license under these Rules.

H.Notice of Termination of Employment.

A holder of a temporary house counsel license 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 9C(3).

I.Credit for Admission Without Examination.

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

J.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.

(Amended effective September 1, 2004; amended effective July 1, 2007; amended effective July 23, 2007; amended effective September 1, 2011; amended effective February 1, 2013.)