Connecticut Bar Examining
Rules of the
Sec. 1-1. SCOPE OF RULES
(a) The rules for the superior court govern the practice and procedure in the superior court in all civil and family actions, whether cognizable as cases at law, in equity or otherwise, in all criminal proceedings and in all proceedings on juvenile matters. These rules also relate to the admission, qualifications, practice and removal of attorneys.
Sec. 2-1. COUNTY COURT DESIGNATIONS CONCERNING BAR ADMISSION PROCESS
(a) For the purposes of this chapter, each superior court location designated below shall be the superior court for the county in which it is situated: the superior court for the judicial district of Fairfield at Bridgeport shall be the superior court for Fairfield county; the superior court for the judicial district of New Haven at New Haven shall be the superior court for New Haven county; the superior court for the judicial district of Litchfield at Litchfield shall be the superior court for Litchfield county; the superior court for the judicial district of Hartford at Hartford shall be the superior court for Hartford county; the superior court for the judicial district of Middlesex at Middletown shall be the superior court for Middlesex county; the superior court for the judicial district of Tolland at Rockville shall be the superior court for Tolland county; the superior court for the judicial district of New London at Norwich shall be the superior court for New London county; and the superior court for the judicial district of Windham at Putnam shall be the superior court for Windham county.
(b) The chief clerk for each judicial district court location mentioned above shall be the clerk for the corresponding superior court county location.
Sec. 2-2. ADMISSION
No person shall be admitted as an attorney except as herein provided.
Sec. 2-3. EXAMINING COMMITTEE
There shall be an examining committee appointed by the judges of the superior court consisting of twenty-four members, of whom at least one shall be a judge of said court, and the rest attorneys residing in this state. The term of office of each member shall be three years from the first day of September succeeding appointment, and the terms shall continue to be arranged so that those of eight members shall expire annually. The appointment of any member may be revoked or suspended by the judges or by the executive committee of the superior court. In connection with such revocation or suspension, the judges or the executive committee shall appoint a qualified individual to fill the vacancy for the balance of the term or for any other appropriate period. All other vacancies shall be filled by the judges for unexpired terms only, provided that the chief justice may fill such vacancies until the next annual meeting of the judges, and in the event of the foreseen absence or the illness or the disqualification of a member of the committee the chief justice may make a pro tempore appointment to the committee to serve during such absence, illness or disqualification. At any meeting of the committee the members present shall constitute a quorum.
Sec. 2-4. -- REGULATIONS BY EXAMINING COMMITTEE
The committee shall have the power and authority to implement these rules by regulations relevant thereto and not inconsistent therewith. Such regulations may be adopted at any regular meeting of the committee or at any special meeting called for that purpose. They shall be effective ninety days after publication in one issue of the Connecticut Law Journal and shall at all times be subject to amendment or revision by the committee or by the judges of the superior court. A copy shall be mailed to the chief justice.
Sec. 2-4A. – RECORDS OF EXAMINING COMMITTEE
The records and transcripts, if any, of hearings conducted by the state bar examining committee or the several standing committees on recommendations for admission to the bar shall be available only to such committee, to a judge of the superior court, to the statewide grievance committee, to disciplinary counsel or, with the consent of the applicant, to any other person, unless otherwise ordered by the court.
Sec. 2-5. -- EXAMINATION OF CANDIDATES FOR ADMISSION.
The committee shall further have the duty, power and authority to provide for the examination of candidates for admission to the bar; to determine whether such candidates are qualified as to prelaw education, legal education, good moral character and fitness to practice law; and to recommend to the court for admission to the bar qualified candidates.
Sec. 2-5A. -- GOOD MORAL CHARACTER AND FITNESS TO PRACTICE LAW
(a) Good moral character shall be construed to include, but not be limited to, the following:
(2) Observance of fiduciary responsibility;
(3) Respect for and obedience to the law; and
(4) Respect for the legal rights of others and the judicial process, as evidenced by conduct other than merely initiating or pursuing litigation.
(b) Fitness to practice law shall be construed to include the following:
(1 ) The cognitive capacity to undertake fundamental lawyering skills such as problem solving, legal analysis and reasoning, legal research, factual investigation, organization and management of legal work, making appropriate reasoned legal judgments, and recognizing and solving ethical dilemmas;
(2 ) The ability to communicate legal judgments and legal information to clients, other attorneys, judicial and regulatory authorities, with or without the use of aids or devices; and
(3 ) The capability to perform legal tasks in a timely manner.
Sec. 2-6. -- PERSONNEL OF EXAMINING COMMITTEE
Such personnel within the legal services division of the office of the chief court administrator as may be assigned from time to time by the chief court administrator shall assist the examining committee in carrying out its duties.
Sec. 2-7. NUMBER OF TIMES AN APPLICANT MAY SIT FOR THE EXAMINATION
There is no restriction on the number of times an applicant may sit for the examination.
Sec. 2-8. QUALIFICATIONS FOR ADMISSION
To entitle an applicant to admission to the bar, except under Sections 2-13 through 2-15 of these rules, the applicant must satisfy the committee that
(1) The applicant is a citizen of the United States or an alien lawfully residing in the United States.
(2) The applicant is not less than eighteen years of age.
(3) The applicant is a person of good moral character, is fit to practice law, and has either passed an examination in professional responsibility administered under the auspices of the bar examining committee. Any inquiries or procedures used by the bar examining committee that relate to physical or mental disability must be narrowly tailored and necessary to a determination of the applicant’s current fitness to practice law, in accordance with the Americans with Disabilities Act and amendment twenty-one of the Connecticut constitution, and conducted in a manner consistent with privacy rights afforded under the federal and state constitutions or other applicable law.
(4) The applicant has met the educational requirements as may be set, from time to time, by the bar examining committee.
(5) The applicant has filed with the administrative director of the bar examining committee an application to take the examination and for admission to the bar, all in accordance with these rules and the regulations of the committee, and has paid such application fee as the committee shall from time to time determine.
(6) The applicant has passed an examination in law in accordance with the regulations of the committee.
(7) The applicant has complied with all of the pertinent rules and regulations of the committee.
(8) As an alternative to satisfying the committee that the applicant has met the committee’s educational requirements, the applicant who meets all the remaining requirements of this section may, upon payment of such investigation fee as the committee shall from time to time determine, substitute proof satisfactory to the committee that:
(A) The applicant has been admitted to practice before the highest court of original jurisdiction in one or more states, the District of Columbia or the Commonwealth of Puerto Rico or in one or more district courts of the United States for ten or more years and at the time of filing the application is a member in good standing of such a bar;
(B) the applicant has actually practiced law in such a jurisdiction for not less than five years during the seven-year period immediately preceding the filing date of the application; and
(C) the applicant intends, upon a continuing basis, actively to practice law in Connecticut and to devote the major portion of the applicant's working time to the practice of the law in Connecticut.
Sec. 2-9. CERTIFICATION OF APPLICANTS RECOMMENDED FOR ADMISSION
(a) The committee shall certify to the clerk of the superior court
for the county in which the applicant seeks admission and to the clerk of the superior
court in New Haven the name of any such applicant recommended by it for admission to
the bar and shall notify the applicant of its decision.
Sec. 2-10. ADMISSION BY SUPERIOR COURT
(a) Each applicant who shall be recommended for admission to the bar shall present himself or herself to the superior court, or to either the supreme court or the appellate court sitting as the superior court, at such place and at such time as shall be prescribed by the committee, or shall be prescribed by the supreme court or the appellate court, and such court may then, upon motion, admit such person as an attorney. The administrative director shall give notice to each clerk of the names of the newly admitted attorneys. At the time such applicant is admitted as an attorney the applicant shall be sworn as a commissioner of the superior court.
(b) The administrative judge of said judicial district or a designee or the chief justice of the supreme court or a designee or the chief judge of the appellate court or a designee may deliver an address to the applicants so admitted respecting their duties and responsibilities as attorneys.
Sec 2-11. ADMISSION BY SUPERIOR COURT WITH CONDITIONS
(a) If pursuant to the committee's recommendation of admission with conditions as provided in Sec. 2-9, the court admits the person as an attorney subject to those or other conditions, the court shall as a further condition require the attorney's compliance with the conditions of admission to be monitored by the statewide bar counsel pursuant to regulations adopted by the statewide grievance committee governing such monitoring. The court may, upon application of the attorney and after receiving a report on the matter from statewide bar counsel, or upon application of statewide bar counsel, remove or modify the conditions previously imposed as circumstances warrant. All information relating to conditional admission of an applicant or attorney shall remain confidential unless otherwise ordered by the court.
(b) Upon the failure of the attorney to comply with the conditions of admission or the monitoring requirements adopted by the statewide grievance committee, the statewide bar counsel shall apply to the court in the judicial district of Hartford at Hartford for an appropriate order. The court, after hearing upon such application, may take such action as it deems appropriate. Thereafter, upon application of the attorney or of the statewide bar counsel and upon good cause shown, the court may set aside or modify the order rendered pursuant hereto.
Sec. 2-12. COUNTY COMMITTEES ON RECOMMENDATIONS FOR ADMISSION
(a) There shall be in each county a standing committee on recommendations for admission, consisting of not less than three nor more than seven members of the bar of that county, who shall be appointed by the judges of the superior court to hold office for three years from the date of their appointment and until their successors are appointed. The appointment of any member may be revoked or suspended by the judges or by the executive committee of the superior court. In connection with such revocation or suspension, the judges or the executive committee shall appoint a qualified individual to fill the vacancy for the balance of the term or for any other appropriate period. Appointments to fill vacancies which have arisen by reasons other than revocation or suspension may be made by the chief justice until the next annual meeting of the judges of the superior court, and in the event of the foreseen absence or the illness or the disqualification of a member of the committee the chief justice may make a pro tempore appointment to the committee to serve during such absence, illness or disqualification.
(b) All applications for admission to the bar shall be referred to the committee for the county in which the applicant seeks admission, which shall investigate the applicant's moral character and fitness to practice law and report to the bar of the county whether the applicant has complied with the rules relating to admission to the bar, is a person of good moral character, is fit to practice law and should be admitted.
Sec. 2-13. ATTORNEYS OF OTHER JURISDICTIONS; QUALIFICATIONS AND REQUIREMENTS FOR ADMISSION
(a) Any member of the bar of another state or territory of the United States or the District of Columbia, who, after satisfying the state bar examining committee that his or her educational qualifications are such as would entitle him or her to take the examination in Connecticut, and that (i) at least one jurisdiction in which he or she is a member of the bar is reciprocal to Connecticut in that it would admit a member of the bar of Connecticut to its bar without examination under provisions similar to those set out in this section or (ii) he or she is a full-time faculty member or full-time clinical fellow at an accredited Connecticut law school and admitted in a reciprocal or nonreciprocal jurisdiction shall satisfy the state bar examining committee that he or she:
(1) is of good moral character, is fit to practice law, and has either passed an examination in professional responsibility administered under the auspices of the bar examining committee or has completed a course in professional responsibility in accordance with the regulations of the bar examining committee;
(2) has been duly licensed to practice law before the highest court of a reciprocal state or territory of the United States or in the District of Columbia if reciprocal to Connecticut, or that he or she is a full-time faculty member or full-time clinical fellow at an accredited Connecticut law school and admitted in a reciprocal or nonreciprocal jurisdiction and (A) has lawfully engaged in the practice of law as the applicant's principal means of livelihood for at least five of the ten years immediately preceding the date of the application and is in good standing, or (B) if the applicant has taken the bar examinations of Connecticut and failed to pass them, the applicant has lawfully engaged in the practice of law as his or her principal means of livelihood for at least five of the ten years immediately preceding the date of the application and is in good standing, provided that such five years of practice shall have occurred subsequent to the applicant's last failed Connecticut examination;
(3) is a citizen of the United States or an alien lawfully residing in the United States;
(4) intends, upon a continuing basis, to practice law actively in Connecticut, may be admitted by the court as an attorney without examination upon written application and the payment of such fee as the examining committee shall from time to time determine, upon compliance with the following requirements: Such application, duly verified, shall be filed with the administrative director of the bar examining committee and shall set forth his or her qualifications as hereinbefore provided. There shall be filed with such application the following affidavits: Affidavits from two attorneys who personally know the applicant certifying to his or her good moral character and fitness to practice law and supporting, to the satisfaction of the state bar examining committee, his or her practice of law as defined under (2) of this subsection; affidavits from two members of the bar of Connecticut of at least five years' standing, certifying that the applicant is of good moral character and is fit to practice law; and an affidavit from the applicant, certifying whether such applicant has a grievance pending against him or her, has ever been reprimanded, suspended, placed on inactive status, disbarred, or has ever resigned from the practice of law, and, if so, setting forth the circumstances concerning such action. Such an affidavit is not required if it has been furnished as part of the application form prescribed by the state bar examining committee.
(b)For the purpose of this rule, the “practice of law” shall include the following activities, if performed after the date of the applicant’s admission to the jurisdiction in which the activities were performed, or if performed in a jurisdiction that permits such activity by a lawyer not admitted to practice:
(1) representation of one or more clients in the practice of law;
(2) service as a lawyer with a state, federal, or territorial agency, including military services;
(3) teaching law at an accredited law school, including supervision of law students within a clinical program;
(4) service as a judge in a state, federal, or territorial court of record;
(5) service as a judicial law clerk;
(6) service as authorized house counsel;
(7) service as authorized house counsel in Connecticut before July 1, 2008, or while certified pursuant to Section 2-15A; or
(8) any combination of the above
Sec. 2-15A. AUTHORIZED HOUSE COUNSEL.
The purpose of this section is to clarify the status of house counsel as authorized house counsel as defined herein, and to confirm that such counsel are subject to regulation by the judges of the superior court. Notwithstanding any other section of this chapter relating to admission to the bar, this section shall authorize attorneys licensed to practice in jurisdictions other than Connecticut to be permitted to undertake these activities, as defined herein, in Connecticut without the requirement of taking the bar examination so long as they are exclusively employed by an organization.
(1) Authorized House Counsel. An “authorized house counsel” is any person who:
(A) is a member in good standing of the entity governing the practice of law of each state (other than Connecticut) or territory of the United States, or the District of Columbia or any foreign jurisdiction in which the member is licensed;
(B) has been certified on recommendation of the bar examining committee in accordance with this section;
(C) agrees to abide by the rules regulating members of the Connecticut bar and submit to the jurisdiction of the statewide grievance committee and the superior court; and
(D) is, at the date of application for registration under this rule, employed in the state of Connecticut by an organization or relocating to the state of Connecticut in furtherance of such employment within 3 months of such application under this section and receives or shall receive compensation for activities performed for that business organization.
(2) Organization. An “organization” for the purpose of this rule is a corporation, partnership, association, or employer sponsored benefit plan or other legal entity (taken together with its respective parents, subsidiaries, and affiliates) that is not itself engaged in the practice of law or the rendering of legal services outside such organization, whether for a fee or otherwise, and does not charge or collect a fee for the representation or advice other than to entities comprising such organization for the activities of the authorized house counsel.
(1) Authorized Activities. An authorized house counsel, as an employee of an organization, may provide legal services in the state of Connecticut to the organization for which a registration pursuant to subsection (d) is effective, provided, however, that such activities shall be limited to:
(A) the giving of legal advice to the directors, officers, employees, trustees, and agents of the organization with respect to its business and affairs;
(B) negotiating and documenting all matters for the organization; and
(C) representation of the organization in its dealings with any administrative agency, tribunal or commission having jurisdiction; provided, however, authorized house counsel shall not be permitted to make appearances as counsel before any state or municipal administrative tribunal, agency, or commission, and shall not be permitted to make appearances in any court of this state, unless the attorney is specially admitted to appear in a case before such tribunal, agency, commission or court.
(2) Disclosure. Authorized house counsel shall not represent themselves to be members of the Connecticut bar or commissioners of the superior court licensed to practice law in this state. Such counsel may represent themselves as Connecticut authorized house counsel.
(3) Limitation on Representation. In no event shall the activities permitted hereunder include the individual or personal representation of any shareholder, owner, partner, officer, employee, servant, or agent in any matter or transaction or the giving of advice therefor unless otherwise permitted or authorized by law, code, or rule or as may be permitted by subsection (c)(1). Authorized house counsel shall not be permitted to prepare legal instruments or documents on behalf of anyone other than the organization employing the authorized house counsel.
(4) Limitation on Opinions to Third Parties. An authorized house counsel shall not express or render a legal judgment or opinion to be relied upon by any third person or party other than legal opinions rendered in connection with commercial, financial or other business transactions to which the authorized house counsel’s employer organization is a party and in which the legal opinions have been requested from the authorized house counsel by another party to the transaction. Nothing in this subsection (c)(4) shall permit authorized house counsel to render legal opinions or advice in consumer transactions to customers of the organization employing the authorized house counsel.
(5) Pro Bono Legal Services. Notwithstanding anything to the contrary in this section, an authorized house counsel may participate in the provision of any and all legal services pro bono publico in Connecticut offered under the supervision of an organized legal aid society or state/local bar association project, or of a member of the Connecticut bar who is also working on the pro bono representation.
(1 ) Filing with the Bar Examining Committee. The bar examining committee shall investigate whether the applicant is at least eighteen years of age and is of good moral character, consistent with the requirement of Section 2-8(3) regarding applicants for admission to the bar. In addition, the applicant shall file with the bar examining committee, and the committee shall consider, the following:
(A) a certificate from each entity governing the practice of law of a state or territory of the United States, or the District of Columbia or any foreign jurisdiction in which the applicant is licensed to practice law certifying that the applicant is a member in good standing;
(B) a sworn statement by the applicant:
(i) that the applicant has read and is familiar with the Connecticut Rules of Professional Conduct for attorneys and Chapter 2 (Attorneys) of the Superior Court Rules, General Provisions, and will abide by the provisions thereof;
(ii) that the applicant submits to the jurisdiction of the statewide grievance committee and the superior court for disciplinary purposes, and authorizes notification to or from the entity governing the practice of law of each state or territory of the United States, or the District of Columbia in which the applicant is licensed to practice law of any disciplinary action taken against the applicant;
(iii) listing any jurisdiction in which the applicant is now or ever has been licensed to practice law; and
(iv) disclosing any disciplinary sanction or pending proceeding pertaining or relating to his or her license to practice law, including but not limited to reprimand, censure, suspension or disbarment, or has been placed on inactive status;
(C) a certificate from an organization certifying that it is qualified as set forth in subsection (b)(2); that it is aware that the applicant is not licensed to practice law in Connecticut; and that the applicant is employed or about to be employed in Connecticut by the organization as set forth in subsection (b)(1)(D);
(D) an appropriate application pursuant to the regulations of the bar examining committee;
(E) remittance of a filing fee to the bar examining committee as prescribed and set by that committee; and
(F) an affidavit from each of two members of the Connecticut bar, who have each been licensed to practice law in Connecticut for at least five years, certifying that the applicant is of good moral character and that the applicant is employed or will be employed by an organization as defined above in subsection (b)(2).
(2) Certification. Upon recommendation of the bar examining committee, the court may certify the applicant as authorized house counsel and shall cause notice of such certification to be published in the Connecticut Law Journal.
(3) Annual Client Security Fund Fee. Individuals certified pursuant to this section shall comply with the requirements of sections 2-68 and 2-70 of this chapter, including payment of the annual fee and shall pay any other fees imposed on attorneys by court rule.
(4) Annual Registration. Individuals certified pursuant to this section shall register annually with the statewide grievance committee in accordance with section 2-26 and section 2-27(d) of this chapter.
(e) Termination or Withdrawal of Registration
(1) Cessation of Authorization to Perform Services. Authorization to perform services under this rule shall cease upon the earliest of the following events:
(A) the termination or resignation of employment with the organization for which registration has been filed, provided, however, that if the authorized house counsel shall commence employment with another organization within 30 days of the termination or resignation, authorization to perform services under this rule shall continue upon the filing with the bar examining committee of a certificate as set forth in subsection (d)(1)(C);
(B) the withdrawal of registration by the authorized house counsel;
(C) the relocation of an authorized house counsel outside of Connecticut for a period greater than 180 consecutive days; or
(D) the failure of authorized house counsel to comply with any applicable provision of this rule.
Notice of one of the events set forth in subsections (e)(1)(A)-(C) or a new certificate as provided in subsection (e)(1)(A) must be filed with the bar examining committee by the authorized house counsel within 30 days after such action. Failure to provide such notice by the authorized house counsel shall be a basis for discipline pursuant to the Rules of Professional Conduct for attorneys.
(2) Notice of Withdrawal of Authorization. Upon receipt of the notice required by subsection (e)(1), the bar examining committee shall forward a request to the statewide bar counsel that the authorization under this chapter be revoked. Notice of the revocation shall be mailed by the statewide bar counsel to the authorized house counsel and the organization employing the authorized house counsel.
(3) Reapplication. Nothing herein shall prevent an individual previously authorized as house counsel to reapply for authorization as set forth in subsection (d).
(1) Termination of Authorization by Court. In addition to any appropriate proceedings and discipline that may be imposed by the statewide grievance committee, the superior court may, at any time, with cause, terminate an authorized house counsel’s registration, temporarily or permanently.
(2) Notification to Other States. The statewide bar counsel shall be authorized to notify each entity governing the practice of law in the state or territory of the United States, or the District of Columbia, in which the authorized house counsel is licensed to practice law, of any disciplinary action against the authorized house counsel.
(1) Preapplication Employment in Connecticut. The performance of an applicant’s duties as an employee of an organization in Connecticut prior to the effective date of this rule shall not be grounds for the denial of registration of such applicant if application for registration is made within 6 months of the effective date of this rule.
(2) Immunity from Enforcement Action. An authorized house counsel who has been duly registered under this rule shall not be subject to enforcement action for the unlicensed practice of law for acting as counsel to an organization prior to the effective date of this rule.
Sec. 2-16. APPEARING PRO HAC VICE.
An attorney who is in good standing at the bar of another state, the District of Columbia, or the Commonwealth of Puerto Rico, may, upon special and infrequent occasion and for good cause shown upon written application presented by a member of the bar of this state, be permitted in the discretion of the court to participate to such extent as the court may prescribe in the presentation of a cause or appeal in any court of this state; provided, however, that
(1) such application shall be accompanied by the affidavit of the applicant (a) certifying whether such applicant has a grievance pending against him or her in any other jurisdiction, has ever been reprimanded, suspended, placed on inactive status, disbarred, or otherwise disciplined, or has ever resigned from the practice of law and, if so, setting forth the circumstances concerning such action (b) designating the chief clerk of the superior court for the judicial district in which the attorney will be appearing as his or her agent upon whom process and service of notice may be served, (c) agreeing to register with the statewide grievance committee in accordance with the provisions of this chapter while appearing in the matter in this state and for two years after the completion of the matter in which the attorney appeared, and to notify the statewide grievance committee of the expiration of the two year period, and (d) identifying the number of cases in which the attorney has appeared pro hac vice in the superior court of this state since the attorney first appeared pro hac vice in this state and
(b) designating the chief clerk of the superior court for the judicial district in which the attorney will be appearing as his or her agent upon whom process and service of notice may be served, (c) agreeing to register with the statewide grievance committee in accordance with the provisions of this chapter while appearing in the matter in this state and for two years after the completion of the matter in which the attorney appeared, and to notify the statewide grievance committee of the expiration of the two year period, and (d) identifying the number of cases in which the attorney has appeared pro hac vice in the superior court of this state since the attorney first appeared pro hac vice in this state and
(2) a member of the bar of this state must be present at all proceedings and must sign all pleadings, briefs and other papers filed with the court and assume full responsibility for them and for the conduct of the cause and of the attorney to whom such privilege is accorded.
Where feasible, the application shall be made to the judge before whom such cause is likely to be tried. If not feasible, the application shall be made to the administrative judge in the judicial district where the matter is to be tried. Good cause for according such privilege shall be limited to facts or circumstances affecting the personal or financial welfare of the client and not the attorney. Such facts may include a showing that by reason of a long-standing attorney-client relationship predating the cause of action or subject matter of the litigation at bar, the attorney has acquired a specialized skill or knowledge with respect to the client's affairs important to the trial of the cause, or that the litigant is unable to secure the services of Connecticut counsel. Upon the granting of an application to appear pro hac vice, the clerk of the court in which the application is granted shall immediately notify the statewide grievance committee of such action.
Sec. 2-17. FOREIGN LEGAL CONSULTANTS; LICENSING REQUIREMENTS
Upon recommendation of the bar examining committee, the court may license to practice as a foreign legal consultant, without examination, an applicant who:
1) has been admitted to practice (or has obtained the equivalent of admission) in a foreign country, and has engaged in the practice of law in that country, and has been in good standing as an attorney or counselor at law (or the equivalent of either) in that country, for a period of not less than five of the seven years immediately preceding the date of application;
(2) possesses the good moral character and fitness to practice law requisite for a member of the bar of this court; and
(3) is at least twenty-six years of age.
Sec. 2-18. -- FILINGS TO BECOME FOREIGN LEGAL CONSULTANT
(a) An applicant for a license to practice as a foreign legal consultant shall file with the administrative director of the bar examining committee:
(1) a typewritten application in a form prescribed by the committee;
(2) a certified check, cashier's check or money order in the amount of $500 made payable to the bar examining committee;
(3) a certificate from the authority in the foreign country having final jurisdiction over professional discipline, certifying to the applicant's admission to practice (or the equivalent of such admission) and the date thereof and to the applicant's good standing as an attorney or counselor at law (or the equivalent of either), together with a duly authenticated English translation of such certificate if it is not in English; and
(4) two letters of recommendation, one from a member in good standing of the Connecticut bar and another from either a member in good standing of the bar of the country in which the applicant is licensed as an attorney, or from a judge of one of the courts of original jurisdiction of said country, together with a duly authenticated English translation of each letter if it is not in English.
(b) Upon a showing that strict compliance with the provisions of section 2-17 (1) and subdivisions (3) or (4) of subsection (a) of this section is impossible or very difficult for reasons beyond the control of the applicant, or upon a showing of exceptional professional qualifications to practice as a foreign legal consultant, the court may, in its discretion, waive or vary the application of such provisions and permit the applicant to make such other showing as may be satisfactory to the court.
(c) The committee shall investigate the qualifications, moral character, and fitness of any applicant for a license to practice as a foreign legal consultant and may in any case require the applicant to submit any additional proof or information as the committee may deem appropriate. The committee may also require the applicant to submit a report from the National Conference of Bar Examiners, and to pay the prescribed fee therefor, with respect to the applicant's character and fitness.
Sec. 2-19. -- SCOPE OF PRACTICE OF FOREIGN LEGAL CONSULTANTS
A person licensed to practice as a foreign legal consultant under these rules is limited to advising Connecticut clients only on the law of the foreign country in which such person is admitted to practice law.
Such person shall not:
(1) in any way hold himself or herself out as a member of the bar of the state of Connecticut; or
(2) use in this state any title other than "Foreign Legal Consultant," but in conjunction therewith may indicate the foreign country in which he or she is licensed to practice law.
Sec 2-20. -- DISCIPLINARY PROVISIONS REGARDING FOREIGN LEGAL CONSULTANTS
(a) Every person licensed to practice as a foreign legal consultant under these rules:
(1) shall be subject to the Connecticut Rules of Professional Conduct and the rules of practice regulating the conduct of attorneys in this state to the extent applicable to the legal services authorized under these rules, and shall be subject to reprimand, suspension, or revocation of his license to practice as a foreign legal consultant by the court;
(2) shall execute and file with the clerk, in such form and manner as the court may prescribe:
(A) a written commitment to observe the Connecticut Rules of Professional Conduct and other rules regulating the conduct of attorneys as referred to in paragraph (a)(1),
(B) an undertaking or appropriate evidence of professional liability insurance in such amount as the court may prescribe, to assure the foreign legal consultant's proper professional conduct and responsibility,
(C) a duly acknowledged instrument in writing setting forth the foreign legal consultant's address in the state of Connecticut or United States, and designating the clerk of the superior court for the judicial district of Hartford at Hartford as his agent upon whom process may be served. Such service shall have the same effect as if made personally upon the foreign legal consultant, in any action or proceeding thereafter brought against the foreign legal consultant and arising out of or based upon any legal services rendered or offered to be rendered by the foreign legal consultant within or to residents of the state of Connecticut, and
(3) a written commitment to notify the clerk of the Foreign Legal Consultant's resignation from practice in the foreign country of his admission or in any other state or jurisdiction in which said person has been admitted to practice law, or of any censure, reprimand, suspension, revocation or other disciplinary action relating to his right to practice in such country, state or jurisdiction.
(b) Service of process on the clerk pursuant to the designation filed as aforesaid shall be made by personally delivering to and leaving with the clerk, or with a deputy or assistant authorized by the clerk to receive service, at the clerk's office, duplicate copies of such process together with a fee of $20. Service of process shall be complete when the clerk has been so served. The clerk shall promptly send one of the copies to the foreign legal consultant to whom the process is directed, by certified mail, return receipt requested, addressed to the foreign legal consultant at the address given to the court by the foreign legal consultant as aforesaid.
(c) In imposing any sanction authorized by subsection (a)(1), the court may act sua sponte or on the recommendation of the statewide grievance committee. To the extent feasible, the court shall proceed in a manner consistent with the Practice Book rules governing discipline of the bar of the state of Connecticut.
Sec 2-21. -- AFFILIATION OF FOREIGN LEGAL CONSULTANT WITH THE BAR OF THE STATE OF CONNECTICUT
(a) A foreign legal consultant licensed under these rules shall not be a member of the Connecticut bar, provided, however, that a foreign legal consultant shall be considered an affiliate of the bar subject to the same conditions and requirements as are applicable to an active or inactive member of the bar under the court's rules governing the bar of the state of Connecticut, insofar as such conditions and requirements may be consistent with the provisions of these rules.
(b) A foreign legal consultant licensed under these rules shall, upon being so licensed, take the following oath before this court, unless granted permission to take the oath in absentia:
"I, __________________, do solemnly swear (or affirm) that as a foreign legal consultant with respect to the laws of _________________, licensed by this court, I will conduct myself uprightly and according to the law of the State of Connecticut and the rules of court."
Sec. 2-22. DISPOSITION OF FEES FOR ADMISSION TO THE BAR
(a) All fees paid under the preceding sections of these rules shall be transmitted to the treasurer of the bar examining committee. Such fees, together with any interest earned thereon shall be applied to the payment of the necessary and reasonable expenses incurred by the bar examining committee, the standing committees on recommendations for admission in the several counties and the staff assigned by the chief court administrator pursuant to Section 2-6, and to the salaries and benefits of such staff. Such reasonable expenses shall not include charges for telephone and office space utilized by such staff in the performance of their duties. Expenses shall not be paid except upon authorization of the chairperson of the bar examining committee, or the chairperson's designee. The bar examining committee and the county standing committees shall follow such established judicial branch guidelines, directives and policies with regard to fiscal, personnel and purchasing matters as deemed by the chief court administrator to be applicable to them. Surplus moneys may, with the approval of the committee, be turned over from time to time to the executive secretary of the judicial branch for deposit as court revenue in the general fund of the State of Connecticut.
(b) The bar examining committee, when necessary, shall contract with individuals to serve as proctors and with attorneys to serve as bar examination graders and with law school faculty and other qualified persons to provide bar examination essay questions and shall establish an appropriate fee schedule for such services.
Sec. 2-24. NOTICE BY ATTORNEY OF ADMISSION IN OTHER JURISDICTION
An attorney who is admitted to practice at the bar of another state, the District of Columbia, or the Commonwealth of Puerto Rico, or of any United States court, shall send to the Connecticut statewide bar counsel written notice of all such jurisdictions in which he is admitted to practice within thirty days of his admission to practice in such jurisdiction.
Sec. 2-25. NOTICE BY ATTORNEY OF DISCIPLINARY ACTION IN OTHER JURISDICTIONS
An attorney shall send to the statewide bar counsel written notice of all disciplinary actions imposed by the courts of another state, the District of Columbia, or the Commonwealth of Puerto Rico, or of any United States court, within thirty days of the order directing the disciplinary action.
Sec. 2-26. NOTICE BY ATTORNEY OF CHANGE IN ADDRESS
An attorney shall send prompt written notice of a change in mailing and street address to the statewide grievance committee on a registration form approved by the statewide bar counsel and to the clerks of the courts where the attorney has entered an appearance.
Sec. 2-44A. – DEFINITION OF THE PRACTICE OF LAW
(a) General Definition: The practice of law is ministering to the legal needs of another person and applying legal principles and judgment to the circumstances or objectives of that person. This includes, but is not limited to:
(1) Holding oneself out in any manner as an attorney, lawyer, counselor, advisor or in any other capacity which directly or indirectly represents that such person is either (a) qualified or capable of performing or (b) is engaged in the business or activity of performing any act constituting the practice of law as herein defined.
(2) Giving advice or counsel to persons concerning or with respect to their legal rights or responsibilities or with regard to any matter involving the application of legal principles to rights, duties, obligations or liabilities.
(3) Drafting any legal document or agreement involving or affecting the legal rights of a person.
(4) Representing any person in a court, or in a formal administrative adjudicative proceeding or other formal dispute resolution process or in any administrative adjudicative proceeding in which legal pleadings are filed or a record is established as the basis for judicial review.
(5) Giving advice or counsel to any person, or representing or purporting to represent the interest of any person, in a transaction in which an interest in property is transferred where the advice or counsel, or the representation or purported representation, involves (a) the preparation, evaluation, or interpretation of documents related to such transaction or to implement such transaction or (b) the evaluation or interpretation of procedures to implement such transaction, where such transaction, documents, or procedures affect the legal rights, obligations, liabilities or interests of such person, and
(6) Engaging in any other act which may indicate an occurrence of the authorized practice of law in the State of Connecticut as established by case law, statute, ruling or other authority.
“Documents” includes, but is not limited to, contracts, deeds, easements, mortgages, notes, releases, satisfactions, leases, options, articles of incorporation and other corporate documents, articles of organization and other limited liability company documents, partnership agreements, affidavits, prenuptial agreements, wills, trusts, family settlement agreements, powers of attorney, notes and like or similar instruments; and pleadings and any other papers incident to legal actions and special proceedings.
The term “person” includes a natural person, corporation, company, partnership, firm, association, organization, society, labor union, business trust, trust, financial institution, governmental unit and any other group, organization or entity of any nature, unless the context otherwise dictates.
The term “Connecticut lawyer” means a natural person who has been duly admitted to practice law in this State and whose privilege to do so is then current and in good standing as an active member of the bar of this State.
(b) Exceptions. Whether or not it constitutes the practice of law, the following activities by any person are permitted:
(1) Selling legal document forms previously approved by a Connecticut lawyer in any format.
(2) Acting as a lay representative authorized by administrative agencies or in administrative hearings solely before such agency or hearing where:
(A) Such services are confined to representation before such forum or other conduct reasonably ancillary to such representation; and
(B) Such conduct is authorized by statute, or the special court, department or agency has adopted a rule expressly permitting and regulating such practice.
(3) Serving in a neutral capacity as a mediator, arbitrator, conciliator or facilitator.
(4) Participating in labor negotiations, arbitrations, or conciliations arising under collective bargaining rights or agreements.
(5) Providing clerical assistance to another to complete a form provided by a court for the protection from abuse, harassment and violence when no fee is charged to do so.
(6) Acting as a legislative lobbyist.
(7) Serving in a neutral capacity as a clerk or a court employee providing information to the public.
(8) Performing activities which are preempted by Federal law.
(9) Performing statutorily authorized services as real estate agent or broker licensed by the State of Connecticut.
(10) Preparing tax returns and performing any other statutorily authorized services as a certified public accountant, enrolled IRS agent, public accountant, public bookkeeper, or tax preparer.
(11) Performing such other activities as the courts of Connecticut have determined do not constitute the unlicensed or unauthorized practice of law.
(12) Undertaking pro se representation, or practicing law authorized by a limited license to practice.
(c) Nonlawyer Assistance: Nothing in this rule shall affect the ability of nonlawyer assistants to act under the supervision of a lawyer in compliance with Rule 5.3 of the Rules of Professional Conduct.
(d) General Information: Nothing in this rule shall affect the ability of a person or entity to provide information of a general nature about the law and legal procedures to members of the public.
(e) Governmental Agencies: Nothing in this rule shall affect the ability of a governmental agency to carry out its responsibilities as provided by law.
(f) Professional Standards: Nothing in this rule shall be taken to define or affect standards for civil liability or professional responsibility.
(g) Unauthorized Practice: If a person who is not authorized to practice law is engaged in the practice of law, that person shall be subject to the civil and criminal penalties of this jurisdiction.
Sec. 2-53. – REINSTATEMENT AFTER SUSPENSION, DISBARMENT OR RESIGNATION
(a) No application for reinstatement or readmission shall be considered by the court unless the applicant, among other things, states under oath in the application that he or she has successfully fulfilled all conditions imposed on him or her as a part of the applicant’s discipline. However, if an applicant asserts that a certain condition is impossible to fulfill, he or she may apply, stating that assertion and the basis therefor. It is the applicant’s burden to prove at the hearing on reinstatement or readmission the impossibility of the certain condition. Any application for reinstatement or readmission to the bar shall contain a statement by the applicant indicating whether such applicant has previously applied for reinstatement or readmission and if so, when. The application shall be referred, by the court to which it is brought, to the standing committee on recommendations for admission to the bar that has jurisdiction over the judicial district court location in which the applicant was suspended or disbarred or resigned, and notice of the pendency of such application shall be given to the state’s attorney of that judicial district, the chair of the grievance panel whose jurisdiction includes that judicial district court location, the statewide grievance committee, the office of the chief disciplinary counsel, the attorney or attorneys appointed by the court pursuant to Section 2-64, and to all complainants whose complaints against the attorney resulted in the discipline for which the attorney was disbarred or suspended or resigned, and it shall also be published in the Connecticut Law Journal.
(b) The standing committee on recommendations shall investigate the application, hold hearings pertaining thereto and render a report with its recommendations to the court. It shall take all testimony at its hearings under oath and shall include in its report subordinate findings of facts and conclusions as well as its recommendation. The standing committee shall have a record made of its proceedings which shall include a copy of the application for reinstatement or readmission, a transcript of its hearings thereon, any exhibits received by the committee, any other documents considered by the committee in making its recommendations, and copies of all notices provided by the committee in accordance with this section.
(c) The court shall thereupon inform the chief justice of the supreme court of the pending application and report, and the chief justice shall designate two other judges of the superior court to sit with the judge presiding at the session. Such three judges, or a majority of them, shall determine whether the application should be granted.
(d) The standing committee shall notify the presiding judge, no later than fourteen days prior to the court hearing, if the committee will not be represented by counsel at the hearing and, upon such notification, the presiding judge may appoint, in his or her discretion, an attorney to review the issue of reinstatement and report his or her findings to the court. The attorney so appointed shall be compensated in accordance with a fee schedule approved by the executive committee of the superior court.
(e) The applicant shall pay to the bar examining committee $200 and shall submit proof of such payment to the clerk of the superior court at the time the application is filed with the court. This sum shall be expended in the manner provided by Section 2-22 of these rules. If the petition for readmission or reinstatement is denied, the reasons therefor shall be stated on the record or put in writing. The attorney may not reapply for six months following the denial.
(f) An attorney who has been suspended from the practice of law in this state for a period of one year or more shall be required to apply for reinstatement in accordance with this section, unless the court that imposed the discipline specifically provided in its order that such application is not required. An attorney who has been suspended for less than one year need not file an application for reinstatement, unless otherwise ordered by the court at the time the discipline was imposed.
(g) In no event shall an application for reinstatement by an attorney disbarred pursuant to the provisions of Section 2-47A be considered until after twelve years from the date of the order disbarring the attorney. No such application may be granted unless the attorney provides satisfactory evidence that full restitution has been made of all sums found to be knowingly misappropriated.