Information & Applications » Foreign Legal Consultant » Foreign Legal Consultant
New Jersey permits “foreign legal consultants" to provide legal services to clients about the law of the foreign country, provided they associate with and consult with a New Jersey lawyer and the associating New Jersey attorney shall assume full responsibility for the conduct of the foreign legal consultant, pursuant to Rule 1:21-9(b).
Each foreign legal consultant must seek certification with the NJ Supreme Court. Rule 1:21-9. The following information outlines the requirements.
Under Supreme Court Rule 1:21-9
No person who is admitted to practice in a foreign country as an attorney or counselor at law or the equivalent may render legal services in the State of New Jersey unless and until that person complies with the provisions in this rule and becomes certified by the Supreme Court as a “Foreign Legal Consultant.” In that capacity, such person may render legal services within this State to the extent permitted by this rule.
Note, a foreign legal consultant may, at the discretion of the Supreme Court, be permitted to represent New Jersey clients for the sole purpose of rendering professional legal advice on the laws, rules, regulations, or any other matters involving the foreign country in which the foreign legal consultant is licensed.
The foreign legal consultant shall associate and consult with a New Jersey attorney and the associating New Jersey attorney shall assume full responsibility for the conduct of the foreign legal consultant.
Eligibility Requirements
In its discretion, the Supreme Court may certify as a foreign legal consultant an applicant who:
- For a period of not less than 5 of the 7 years immediately preceding the date of application has been admitted to practice and has been in good standing as an attorney or counselor at law or the equivalent in a foreign country and has engaged either in the practice of law in such country or in a profession or occupation which requires as a prerequisite admission to practice and good standing as an attorney or counselor at law or the equivalent in such country; and
- Possesses a good moral character customarily required for admission to the practice of law in this State; and
- Intends to maintain, within this State, a bona fide office for practice as a foreign legal consultant.
The statements contained in the application and supporting documents shall be investigated by the Supreme Court or its designee. Prior to granting certification as a foreign legal consultant, the Supreme Court shall be satisfied that the applicant is of the good moral character. The application shall be granted by the Court unless there is a finding of good cause for denying the application.
Application Requirements
Applications for admission under this rule shall be made to the Clerk of the Supreme Court. The application shall be supported by an affidavit of the applicant, which shall provide:
- The applicant’s name and age;
- The applicant’s last place of residence;
- The name of and date of attendance at each university or post graduate level educational institution which the applicant has attended and/or graduated from, and the degree conferred, if any;
- The names of all courts or other licensing authorities to which the applicant has applied for admission to the practice of law or certification or licensure as a foreign legal consultant;
- The name of all courts or other licensing authorities under the auspices of which the applicant has taken any bar or equivalent examinations, the dates upon which said examinations were taken and the results thereof;
- The names of all courts and other licensing authorities by which the applicant has actually been licensed to practice as an attorney or counselor at law or equivalent or certified or licensed as a foreign legal consultant and the dates of each licensure or certification;
- A statement that the applicant is admitted to practice and is in good standing as an attorney or counselor at law or the equivalent in a foreign country and has maintained that status for a period of not less than five of the seven years immediately prior to the date of the application;
- A statement that the applicant possesses a good moral character customarily required for admission to the practice of law in New Jersey;
- The identity of a New Jersey attorney holding a plenary license to practice law in this State who is in good standing with the Supreme Court with whom the applicant shall associate;
- A statement advising whether the applicant is currently or has ever been the subject of any investigation or proceeding for professional misconduct or whether the applicant has ever been rejected upon an application for admission to practice before any court or by any other licensing authority. If the applicant has been the subject of any investigation or proceeding for professional misconduct or has been rejected for admission to practice, the applicant shall state the date, jurisdiction, nature of the violation, and penalty imposed and may set forth a brief explanation of the disposition and any extenuating or mitigating circumstances. An applicant admitted under this rule shall have a continuing obligation to advise the Court of a disposition made of a pending charge or the institution of new disciplinary proceedings. A filing fee, set by order of the Supreme Court, shall accompany each application.
The application shall be accompanied by the following documents, together with duly authenticated English translations of each document that is not in English:
- Duly executed certificates and/or documents from the authority having final jurisdiction over professional discipline in the foreign country in which the applicant is admitted to practice attesting to:
- The authority’s jurisdiction in such matters;
- The applicant’s admission to practice in such foreign country, the date thereof and the applicant’s current good standing as an attorney or counselor at law or the equivalent therein; and
- Whether any charge or complaint has ever been filed against the applicant with such authority, and, if so, the nature and substance of the allegations of each such charge or complaint and the disposition thereof.
- A letter of recommendation from one of the members of the executive body of such authority or from one of the judges of a court of general original or appellate jurisdiction within such foreign country, setting forth the applicant’s professional qualifications, together with a certificate from the clerk of such authority or of such court, as the case may be, attesting to the office held by the person signing the letter and the genuineness of the person’s signature
- Letters of recommendation from at least two attorneys or counselors at law or the equivalent admitted to practice and practicing in such foreign country, setting forth the length of time and circumstances under which they have come to know the applicant, and their appraisal of the applicant’s moral character.
- Letters of recommendation from at least two attorneys admitted to the practice of law in this State, setting forth the length of time and circumstances under which they have come to know the applicant, and their appraisal of the applicant’s moral character.
- An affidavit of the New Jersey attorney with whom the foreign legal consultant will associate in which the New Jersey counsel agrees to the association and acknowledges that he or she will be responsible for the conduct of the foreign legal consultant. An associating attorney is one who voluntarily agrees to assume full responsibility for the foreign legal consultant.
- Such other relevant documents or information as may be requested by the Supreme Court.