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The journey to practicing law in California for an out-of-state attorney is facilitated through the California Application Registered In-House Counsel form, a critical document issued by the State Bar of California's Office of Admissions under the Multijurisdictional Practice (MJP) Program. Situated in Los Angeles, this form serves as the gateway for attorneys who seek to offer their legal expertise exclusively to a qualifying institution within the state without the need to pass the California Bar Exam. It details a comprehensive procedure starting from the necessity for attorneys to preregister with the State Bar’s Office of Admissions, through to the array of required attachments including declarations from the attorney and the employing institution, a list concerning the attorney's admission and standing in other jurisdictions, and crucially, evidence of moral character. This application process not only highlights the financial commitments through specified fees but also sets forth the obligations on registered attorneys to adhere to California’s legal practice norms and continuing education requirements. Importantly, the form is a declaration of compliance to the conditions laid out by the State Bar, emphasizing the consequences of perjury or professional misconduct. Anthologized in this form are the dual expectations of transparency from the attorney and the assurance of the institution's legitimacy and non-legal service provision to the public, ensuring a meticulous scrutiny aimed at maintaining the integrity of legal practice within California.

Preview - California Application Registered In Counsel Form

The State Bar of California

Office of Admissions – MJP Program

845 S. Figueroa Street, Los Angeles, CA 90017-2515 (213) 765-1500

Out-of-State Attorney Registered In-House Counsel Program Application

You must register as an Attorney Applicant with the State Bar’s Office of Admissions prior to submitting this application.

FOR OFFICIAL USE ONLY

$_______

No Payment

9.46

ID #: ___________________________

File #: __________________________

Registrant Information:

Type or Print Clearly

Last Name:

 

First Name:

 

Middle Name:

Date of Employment as an In-House Counsel:

Employer (Institution): *Address:

City:

 

 

 

 

State:

 

Zip:

 

Phone:

 

Fax:

 

 

E-mail:

 

 

 

Date of Birth:

 

 

 

Place of Birth:

 

 

 

Undergraduate School:

 

 

 

 

City, State:

 

 

 

Law School:

 

 

 

 

City, State:

 

 

 

*As a registered In-House Counsel, your address of record is public information subject to disclosure upon request and also posted on the State Bar’s Web site. List your employer’s California office address.

Employer Contact:

Phone:Fax:E-mail:

Application Attachments:

A: Attorney Declaration

B: Declaration of Qualifying Institution

C: Admissions/Standing List

The Determination of Moral Character (MC) application must be completed and paid for online. A printed hard copy of the online MC application must be submitted with the MJP application.

$635 Application Fee

Current original Certificate of Good Standing from all out-of-state jurisdictions.

RIHC Application 2017_R

Page 1 of 4

Acceptable forms of payment: credit card authorization form, cashier’s check, travelers’ check or money order made payable to “State Bar of California.”

Personal checks will not be accepted.

MAIL TO:

The State Bar of California

Office of Admissions

MJP Program

845 S. Figueroa Street

Los Angeles, CA 90017-2515

The State Bar of California

Office of Admissions – MJP Program

845 S. Figueroa Street, Los Angeles, CA 90017-2515 (213) 765-1500

Out-of-State Attorney Registered In-House Counsel Program Application

Attachment A – Attorney Declaration

a.I am currently a member in good standing of and eligible to practice law in at least one jurisdiction in the United States.

b.I am not suspended, disbarred or resigned with charges pending from any professional occupational disciplinary agency or licensing board.

c.I agree to be subject to the disciplinary authority of The Supreme Court of California and The State Bar of California with respect to the law of The State of California governing the conduct of attorneys, to the same extent as a member of The State Bar of California.

d.As Registered In-House Counsel, I will practice law for a SINGLE Qualifying Institution in California which employs me.

e.I understand that I may qualify to simultaneously practice law under the Registered Legal Services Attorney Program.

f.I currently reside in California.

g.I will not provide personal or individual representation to any customers, shareholders, owners, partners, officers, employees, servants, or agents of the Qualifying Institution.

h.I will not make court appearances in California state courts or engage in any other activities for which Pro Hac Vice admission is required.

i.I agree that in my first year of practice under the Registered In-House Counsel Program, I will satisfy all of the Minimum Continuing Legal Education requirements that members of The State Bar of California must complete every 3 years and thereafter satisfy the Minimum Continuing Legal Education Requirements applicable to all members of The State Bar of California.

j.I will notify The State Bar of California in writing within 30 days of a change in any information provided in my application, including my address, employment at a qualifying institution, or eligibility to practice law in another jurisdiction. Eligibility would be changed by a suspension, resignation with or without charges pending, disbarment, or its functional equivalent.

k.I will provide The State Bar of California with a forwarding address to which any notices or papers may be mailed within 30 days of cessation of employment by the Qualifying Institution.

l.I am aware that filing a certificate containing false information or otherwise failing to comply with the standards of professional conduct required of members of The State Bar of California or the rules governing Registered In-House Counsel will subject me to the disciplinary jurisdiction of The State Bar of California.

I declare under penalty of perjury under the laws of The State of California that the foregoing application and any attachments to it are true and correct.

Date:

 

Print Name:

 

 

Signature:

RIHC Application 2017_R

Page 2 of 4

The State Bar of California

Office of Admissions – MJP Program

845 S. Figueroa Street, Los Angeles, CA 90017-2515 (213) 765-1500

Out-of-State Attorney Registered In-House Counsel Program Application Attachment B – Declaration of Qualifying Institution

Eligibility Status: Type or Print Clearly

I am a(n):

Officer

of Institution Name:

Director

General Counsel

Name (Individual Referenced Above):

 

 

 

 

 

Title:

 

Address:

 

 

 

 

 

 

 

 

 

 

 

 

City:

 

 

 

 

 

State:

 

 

 

Zip:

 

Phone:

 

Fax:

 

 

E-mail:

 

 

 

 

Applicant Name:

 

 

 

 

is employed as In-House Counsel for the

institution reference above.

 

 

 

 

 

 

 

 

 

 

 

The Effective Date of Applicant’s Employment:

Employer Contact:

Phone:Fax:E-mail:

The institution referenced above is a Qualifying Institution which is defined by California Rules of Court, rule

9.46as a corporation, a partnership, an association, or other legal entity and is not a government agency and DOES NOT provide legal services to others.

This institution employs at least 10 full-time employees in the State of California.

(# of employees:

 

)

OR

This institution employs the following California attorney who is an active member in good standing of the State Bar of California.

Name:

 

Bar Number:

I will notify the State Bar within 30 days if the eligibility status listed above changes or if the applicant’s employment ceases.

To the best of my knowledge and after reasonable inquiry, I believe that the applicant is of good moral character and qualifies for registration under California Rules of Court, rule 9.46 and the Registered In- House Counsel Program Rules.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

Print Name:

 

 

Signature:

RIHC Application 2017_R

Page 3 of 4

 

 

The State Bar of California

Office of Admissions – MJP Program

845 S. Figueroa Street, Los Angeles, CA 90017-2515 (213) 765-1500

Out-of-State Attorney Registered In-House Counsel Program Application

Attachment C – Admissions/Standing List

Date:

 

 

 

Print Name:

 

 

 

 

 

 

 

 

 

Date

Member

State/Court

 

Status

Prior Discipline Record

Admitted

Number

(e.g., Ohio or USDC or 9th Circuit)

 

(e.g., Active)

If ‘Yes’ Attached Details

 

 

 

 

 

 

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

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Yes

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Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

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Yes

No

 

 

 

 

 

 

 

 

 

Check here if additional sheets listing details of prior record of discipline are attached.

RIHC Application 2017_R

Page 4 of 4

Download California Application Registered In Counsel PDF Form

Form Data

Fact Detail
Governing Law California Rules of Court, rule 9.46, governs the Registered In-House Counsel Program.
Eligibility Requirements Applicants must be members in good standing in at least one U.S. jurisdiction and not suspended or disbarred in any jurisdiction.
Application Fees The application process requires a $550 application fee and a $500 moral character determination fee.
Practice Limitations Registered In-House Counsel may only practice law for the employing institution and cannot appear in California state courts or provide personal legal representation.
Continuing Legal Education (CLE) Applicants agree to complete the Minimum Continuing Legal Education requirements akin to those established for members of the California State Bar.
Notification Requirements Changes in the application information, including address or employment status, must be reported to the State Bar within 30 days.

Instructions on Utilizing California Application Registered In Counsel

Successfully completing the California Application for Registered In-House Counsel is a key step for out-of-state attorneys seeking to practice within a corporate or private organizational setting in California. This application is comprehensive and requires careful attention to detail to ensure all information is accurately presented. Following the proper steps can streamline the process, helping applicants avoid common pitfalls and delays.

Step-by-Step Instructions:

  1. Begin by registering as an Attorney Applicant with the State Bar of California’s Office of Admissions. This step must be completed prior to submitting the Registered In-House Counsel application.
  2. Complete the Registrant Information section by typing or printing clearly. Ensure all personal details are correctly entered, including your name, date of employment as In-House Counsel, and contact information.
  3. For the application attachments, prepare and include the following:
    • Attorney Declaration (Attachment A)
    • Declaration of Qualifying Institution (Attachment B)
    • Admissions/Standing List (Attachment C)
  4. Obtain an Application for Determination of Moral Character form and fill it out. This form must be submitted in a sealed envelope along with the main application.
  5. Secure an Original Certificate of Good Standing from the jurisdiction(s) in which you are admitted to practice. This document should accompany your application.
  6. Prepare the application fee of $550 and the Moral Character Determination fee of $500. Combine these payments into one cashier's check, traveler’s check, or money order payable to the “State Bar of California.” Personal checks are not accepted.
  7. Review all documents for accuracy and completeness. Make sure to sign the declaration sections requiring your signature, affirming under penalty of perjury that the information provided is true and correct.
  8. Gather all components of your application package, including the main application form, all attachments, and the sealed envelope containing your Moral Character Determination application and fee, plus the application fee.
  9. Mail your complete application package to:
    The State Bar of California
    Office of Admissions – MJP Program
    845 S. Figueroa Street
    Los Angeles, CA 90017-2515
  10. After mailing your application, keep an eye on your email and postal mail for any communications from the State Bar regarding the status of your application or requests for additional information.

By adhering to these detailed steps, you can confidently prepare and submit your application to register as In-House Counsel in California. Keep in mind, staying organized and double-checking all materials before submission can significantly impact the efficiency of the process. Remember, the State Bar's official website and the Office of Admissions remain vital resources should questions arise during your application process.

Obtain Answers on California Application Registered In Counsel

  1. What is the Out-of-State Attorney Registered In-House Counsel Program in California?

    This program allows attorneys who are licensed in other jurisdictions of the United States to serve as in-house counsel exclusively for a single qualifying institution in California without having to pass the California bar exam. It is designed to enable entities within California to utilize the expertise of out-of-state attorneys for their internal legal needs.

  2. Who can apply for the California Registered In-House Counsel status?

    Eligible applicants are attorneys who are active members in good standing in at least one U.S. jurisdiction, not currently suspended, disbarred, or resigned with charges pending from any professional occupational disciplinary agency or licensing board. Applicants must intend to work for a single qualifying institution within California as in-house counsel.

  3. What are the fees associated with the application?

    The application process involves a $550 application fee and a $500 Moral Character Determination fee. These fees are subject to change, so it’s advisable to check the latest information before submitting the application.

  4. How should the fees be paid?

    Fees should be paid by a cashier's check, traveler’s check, or money order made payable to the "State Bar of California." Personal checks are not accepted. The application fee and the moral character fee may be combined into one payment.

  5. What are the main requirements for Registered In-House Counsel in California?

    • Being an active member in good standing of at least one U.S. jurisdiction.
    • Agreement to be subject to the disciplinary authority of the Supreme Court of California and the State Bar of California.
    • Commitment to not providing personal or individual representation to anyone outside the qualifying institution.
    • Not making court appearances in California state courts or engaging in activities requiring Pro Hac Vice admission.
    • Completing the Minimum Continuing Legal Education requirements applicable to all members of The State Bar of California.

  6. What is a Qualifying Institution?

    A Qualifying Institution is defined as a corporation, partnership, association, or other legal entity that is not a government agency and does not provide legal services to others. The entity must employ at least ten full-time employees in the State of California or have an active member of the State Bar of California in good standing among its employees.

  7. What happens if there is a change of employment or address?

    Registrants must notify The State Bar of California in writing within 30 days of any change in the provided information, including changes in address, employment at a qualifying institution, or eligibility to practice law in another jurisdiction. A forwarding address must also be provided within 30 days of cessation of employment with the qualifying institution.

  8. What are the consequences of providing false information in the application?

    Providing false information or failing to comply with the standards of professional conduct required by The State Bar of California or the rules governing Registered In-House Counsel can subject an individual to the disciplinary jurisdiction of The State Bar of California.

  9. How can I submit the application?

    The completed application, along with all necessary attachments and fees, should be mailed to the Office of Admissions – MJP Program at the State Bar of California's address provided in the application document.

  10. Where can I find more information?

    For further details or updates regarding the Registered In-House Counsel Program, contact the Office of Admissions – MJP Program of the State Bar of California at the phone number provided in the application instructions or visit the State Bar’s website.

Common mistakes

  1. Not registering as an Attorney Applicant with the State Bar’s Office of Admissions before submitting the application is a common mistake. This step is mandatory and must be completed first.

  2. Entering incorrect or incomplete information in the "Registrant Information" section, especially with the public address of the registered In-House Counsel, can lead to significant issues, as this information is subject to disclosure and posted on the State Bar’s website.

  3. Applicants often forget to include the payment for the application fee and the Moral Character Determination fee, or they attempt to use a personal check which is not accepted. Make sure to use a cashier's check, traveler’s check, or money order payable to the “State Bar of California”.

  4. Failing to sign the Attorney Declaration (Attachment A) or leaving out necessary declarations can invalidate the application. This section confirms the applicant's good standing, understanding of their practice limitations, and other essential commitments.

  5. Omitting the "Declaration of Qualifying Institution" (Attachment B), which is vital to prove the employment status and the institution's eligibility under the rule 9.46.

  6. Not clearly listing all jurisdictions in the United States where the applicant is licensed to practice law, along with their status and any prior discipline record in the "Admissions/Standing List" (Attachment C).

  7. Forgetting to include the application for Determination of Moral Character in a sealed envelope, along with the Original Certificate of Good Standing.

  8. Some applicants fail to notify The State Bar of California within 30 days of any changes in the information provided in the application, particularly changes in address or employment at a qualifying institution.

  9. Applicants often overlook the requirement in the first year of practice under the Registered In-House Counsel Program to fulfill all of the Minimum Continuing Legal Education requirements.

  10. Providing inaccurate information or failing to comply with the standards of professional conduct required of members of The State Bar of California, or the rules governing Registered In-House Counsel can lead to disciplinary action, yet some applicants do not fully appreciate the seriousness of this responsibility.

Documents used along the form

When an out-of-state attorney seeks to register as In-House Counsel in California, several key documents accompany the Application for Registered In-House Counsel. These forms are integral to the application process and ensure the applicant complies with all requirements set forth by the State Bar of California.

  • Attorney’s Oath: This document is a sworn declaration by the attorney affirming their commitment to uphold the Constitution and the laws of the United States and California. It's a mandatory step before an attorney can practice in the state.
  • Certificate of Good Standing: Issued by the Supreme Court or the State Bar where the attorney is already admitted, this certificate verifies that the attorney is not currently suspended, disbarred, or facing disciplinary actions, and is up to date with all bar requirements.
  • Background Check Authorization Form: This form grants permission to conduct a comprehensive background check, a requirement for the Moral Character Determination. It involves checking criminal records, employment history, and educational background to ensure the applicant meets the moral standards for practice within California.
  • Verification of Employment Form: This document, completed by the employing institution, confirms the attorney's role, start date, and capacity in which they will be serving as an In-House Counsel. It's crucial for establishing the applicant's eligibility under the specific criteria for in-house practice.
  • Continuing Legal Education (CLE) Compliance Form: Given that registered in-house counsel are required to meet the same CLE requirements as California-based attorneys, this form serves to document compliance with such educational mandates, detailing courses taken, credits earned, and areas of law covered.

Together with the Application for Registered In-House Counsel, these documents form a comprehensive package, enabling the State Bar of California to assess an out-of-state attorney’s qualifications and fitness to serve as In-House Counsel in California. It is the responsibility of the applicant to ensure each document is accurately completed and submitted per the State Bar’s guidelines to facilitate a smooth registration process.

Similar forms

The California Application Registered In-House Counsel form shares similarities with a range of other legal and professional documents. Each one of these documents plays a crucial role in the respective context, reflecting on the legal, professional, or civic responsibilities and qualifications of an individual. While the specific content and purpose of each document vary, they collectively share the objective of ensuring proper registration, compliance, and representation in different spheres of professional and legal practice.

  • Bar Examination Application: Much like the California Application Registered In-House Counsel form, applications for the bar exam require detailed personal information, educational background, and legal standing. Both entail rigorous scrutiny of an applicant's qualifications and moral character to practice law within a given jurisdiction.
  • Moral Character Determination Application: This document, required for bar admission, is similar to parts of the Registered In-House Counsel form that address an applicant's good standing and moral character. Both forms necessitate declarations from the applicant affirming their ethical fitness to perform legal duties.
  • Pro Hac Vice Application: Required for out-of-state lawyers seeking to appear in a court where they are not licensed, this application mirrors the Registered In-House Counsel form’s emphasis on the applicant's current standing in their home state, alongside the specific conditions under which they intend to practice law temporarily in another jurisdiction.
  • Foreign Legal Consultant Application: This form is for lawyers licensed abroad who wish to offer legal advice on the law of their home country within another jurisdiction. Similar to the In-House Counsel form, it requires evidence of good standing in the home jurisdiction and adherence to specific conditions under which legal services can be provided.
  • Continuing Legal Education (CLE) Compliance Form: Similar to the requirements outlined for Registered In-House Counsel regarding CLE, this document is necessary for attorneys to demonstrate their ongoing engagement with legal education, ensuring they remain informed of current laws and practices.
  • Professional Licensing Application for Other Fields: Comparable to the In-House Counsel form, professional licensing applications in fields such as medicine, engineering, and accounting require detailed information about the applicant’s education, experience, and standing within their professional community. Each seeks to confirm the applicant's qualifications and integrity in their respective fields.

Dos and Don'ts

When preparing to fill out the California Application for Registered In-House Counsel, there are several important dos and don'ts to keep in mind to ensure the process is completed accurately and effectively. Here are eight key points to consider:

  • Do ensure that all information provided is accurate and truthful. The declaration under penalty of perjury requires honesty and integrity in the submission.
  • Do type or print clearly in all sections of the form to avoid any misinterpretation of your details by the Office of Admissions.
  • Do register as an Attorney Applicant with the State Bar's Office of Admissions prior to submitting this application, as it’s a prerequisite for the application process.
  • Do make payment through a cashier's check, traveler's check, or money order, as personal checks are not accepted. Ensure the check is payable to “State Bar of California.”
  • Don't leave any required fields blank. If a question does not apply to you, indicate with “N/A” (not applicable) instead of leaving it empty.
  • Don't forget to include all necessary attachments such as the Attorney Declaration, Declaration of Qualifying Institution, Admission/Standing List, Application for Determination of Moral Character, and the Original Certificate of Good Standing.
  • Don't make court appearances in California state courts or engage in other activities requiring Pro Hac Vice admission, as this is not permitted for Registered In-House Counsel without specific authorization.
  • Don't provide personal or individual legal representation to anyone associated with the Qualifying Institution beyond the scope permitted under the Registered In-House Counsel rules.

Adhering to these guidelines will smooth the application process and ensure compliance with the rules governing the Registered In-House Counsel Program in California. It's crucial to follow all instructions carefully and fulfill all prerequisites before submitting your application to avoid delays or rejection.

Misconceptions

When it comes to understanding the California Application Registered In-House Counsel form, several misconceptions often arise. By clarifying these misconceptions, attorneys from out of state can navigate the registration process more effectively.

  • Misconception 1: Any out-of-state attorney can apply without prior registration. In truth, attorneys must first register as an Attorney Applicant with the State Bar’s Office of Admissions.
  • Misconception 2: Personal checks are accepted for the application fee. However, the form clearly states that payments must be made via cashier's check, traveler’s check, or money order.
  • Misconception 3: The application fee and the moral character determination fee are separate payments. They can, in fact, be combined into one payment.
  • Misconception 4: Once registered, the attorney’s address is kept confidential. The address of record, on the contrary, becomes public information and is posted on the State Bar’s website.
  • Misconception 5: Attorneys believe they can represent personal clients or make court appearances in California state courts once registered. The code clearly restricts registered in-house counsel from personal client representation and making court appearances without Pro Hac Vice admission.
  • Misconception 6: There’s a notion that because it's an in-house role, continuing legal education isn't required. Registered in-house counsel must complete Minimum Continuing Legal Education in their first year and comply with ongoing education requirements.
  • Misconception 7: Some think only the attorney declaration is sufficient for the application. Yet, declarations from the qualifying institution and a list of admissions/standing are also essential attachments.
  • Misconception 8: Applicants often assume that they need not update the State Bar of California if their employment or personal details change post-application. The rules mandate notifying the State Bar within 30 days of any changes.
  • Misconception 9: It's wrongly assumed that the program is open to any legal entity. A qualifying institution must not be a government agency and must either employ at least 10 full-time employees in California or have a California attorney in good standing.

Understanding these nuances ensures that applicants can correctly complete their Application Registered In-House Counsel form, avoiding common pitfalls and ensuring a smoother registration process with the California State Bar.

Key takeaways

Filling out and using the California Application Registered In-House Counsel form requires meticulous attention to detail and adherence to strict guidelines established by the State Bar of California. This process is crucial for out-of-state attorneys who seek to practice as in-house counsel within the state. Here are key takeaways that applicants must bear in mind:

  • Before submitting the application, attorneys must first register as an Attorney Applicant with the State Bar's Office of Admissions. This step is foundational and ensures that the potential in-house counsel is recognized by the State Bar, setting the stage for the formal application process.
  • All application fees must be paid via cashier's check, traveler’s check, or money order to the "State Bar of California." Personal checks are not accepted, which underscores the importance of following specific payment instructions. Moreover, the application fee and the Moral Character Determination fee can be combined into one payment, streamlining the process.
  • The application requires the attachment of several critical documents, including an Attorney Declaration, a Declaration of Qualifying Institution, and an Admissions/Standing List, along with an Application for Determination of Moral Character in a sealed envelope. These attachments are integral to the application, as they provide the State Bar with comprehensive information about the applicant's legal standing, moral character, and the legitimacy of the employing institution.
  • It is imperative for applicants to update the State Bar of California within 30 days of any changes in the information provided in their application. This includes changes in address, employment status at a qualifying institution, or any alteration in eligibility to practice law in another jurisdiction. Staying proactive about these updates is essential for maintaining transparency and compliance with the State Bar’s requirements.

Understanding and adhering to these key takeaways can significantly influence the outcome of an application for Registered In-House Counsel in California. Applicants are encouraged to approach this process with the thoroughness and precision it demands.

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