Article 1.5 - Representation by Foreign and Out-of-State Attorneys

California Code of Civil Procedure — §§ 1297.185-1297.189

Sections (5)

Added by Stats. 2018, Ch. 134, Sec. 1. (SB 766) Effective January 1, 2019.

For purposes of this article, a “qualified attorney” means an individual who is not admitted to practice law in this state but is all of the following:

(a)Admitted to practice law in a state or territory of the United States or the District of Columbia or a member of a recognized legal profession in a foreign jurisdiction, the members of which are admitted or otherwise authorized to practice as attorneys or counselors at law or the

equivalent.

(b)Subject to effective regulation and discipline by a duly constituted professional body or public authority of that jurisdiction.

(c)In good standing in every jurisdiction in which he or she is admitted or otherwise authorized to practice.

§ 1297.186

Added by Stats. 2018, Ch. 134, Sec. 1. (SB 766) Effective January 1, 2019.

(a)Notwithstanding any other law, including Section 6125 of the Business and Professions Code, a qualified attorney may provide legal services in an international commercial arbitration or related conciliation, mediation, or alternative dispute resolution proceeding, if any of the following conditions is satisfied:

(1)The services are undertaken in association with an attorney who is admitted to practice in

this state and who actively participates in the matter.

(2)The services arise out of or are reasonably related to the attorney’s practice in a jurisdiction in which the attorney is admitted to practice.

(3)The services are performed for a client who resides in or has an office in the jurisdiction in which the attorney is admitted or otherwise authorized to practice.

(4)The services arise out of or are reasonably related to a matter that has a substantial connection to a jurisdiction in which the attorney is admitted or otherwise authorized to practice.

(5)The services arise out of a dispute governed primarily by international law or the law of a foreign or out-of-state jurisdiction.

(b)This section does not apply to a dispute or controversy concerning any of the following:

(1)An individual’s acquisition or lease of goods or services primarily for personal, family, or household use.

(2)An individual’s coverage under a health insurance plan or an interaction between an individual and a healthcare provider.

(3)An application for employment in California.

(4)The terms and conditions of, or right to, employment in California, unless the dispute or controversy primarily concerns intellectual property rights, including those involving trademarks, patents, copyright, and software programs.

(c)This section does not affect the right of an attorney admitted to

practice law in this state to provide legal services in an international commercial arbitration or related conciliation, mediation, or alternative dispute resolution proceeding, or the right of representation established in Section 1297.351.

§ 1297.187

Added by Stats. 2018, Ch. 134, Sec. 1. (SB 766) Effective January 1, 2019.

A qualified attorney rendering legal services pursuant to this article shall not appear in a court of this state unless he or she has applied for and received permission to appear as counsel pro hac vice pursuant to the California Rules of Court, as applicable.

§ 1297.188

Added by Stats. 2018, Ch. 134, Sec. 1. (SB 766) Effective January 1, 2019.

(a)A qualified attorney rendering legal services pursuant to this article is subject to the jurisdiction of the courts and disciplinary authority of this state with respect to the California Rules of Professional Conduct and the laws governing the conduct of attorneys to the same extent as a member of the State Bar of California.

(b)The State Bar of California may report complaints and evidence of

disciplinary violations against an attorney practicing pursuant to this article to the appropriate disciplinary authority of any jurisdiction in which the attorney is admitted or otherwise authorized to practice law. This section does not limit or affect the authority of the State Bar to report information about an attorney to authorities in any jurisdiction in which the attorney is admitted or otherwise authorized to practice law.

(c)On or before May 1 of each year, the State Bar shall submit a report to the Supreme Court that specifies the number and nature of any complaints that it has received during the prior calendar year against attorneys who provide legal services pursuant to this article and any actions it has taken in response to those complaints.

§ 1297.189

Added by Stats. 2018, Ch. 134, Sec. 1. (SB 766) Effective January 1, 2019.

The Supreme Court may issue rules implementing this article.