New Rule Requires In-House Counsel Not Admitted In Pennsylvania Who Perform Legal Services In Pennsy

Earlier this year, the Pennsylvania Board of Law Examiners adopted Rule 302 to the Pennsylvania Bar Admission Rules, which created a new “Limited In-House Corporate Counsel License.” Rule 302 goes into effect on September 25, 2004. In Pennsylvania, the practice of law generally is defined as the performance of any act that requires the exercise of legal judgment. As a result, prior to the enactment of Rule 302, in-house counsel who were not admitted in Pennsylvania could not perform legal services in Pennsylvania – including the negotiation and drafting of contracts and other legal documents – without engaging in the unauthorized practice of law.

Rule 302 now provides in-house attorneys with a limited exception to this general rule by providing the opportunity to obtain a Limited In-House Corporate Counsel License under certain conditions. According to the Association of Corporate Counsel, approximately 13 states have adopted similar rules, and the remaining states are in the process of considering them.

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