Orders and Notices
Order M-212-01
Before: Wagner, Chief Judge; Terry, Steadman, Schwelb, Farrell,
Ruiz, Reid, Glickman, and Washington, Associate Judges.
Order
On consideration of the proposed amendments to D.C.
App. Rule 49 (c), which proposed amendments were transmitted
to the Court by the Chairman of the Committee on Unauthorized
Practice of Law, and the comment received thereto, it is
ORDERED that D.C. App. Rule 49 (c) is amended, effective
April 30, 2002, to read as follows:
Rule 49 (c) Exceptions. The following activity in the District
of Columbia is excepted from the prohibitions of section (a)
of this Rule, provided the person is not otherwise engaged
in the practice of law or holding out as authorized or competent
to practice law in the District of Columbia.
- Unchanged
- United States Government Practitioner: Providing legal
services to members of the public solely before a special
court, department or agency of the United States, where:
A. Unchanged
B. Unchanged
C. If the practitioner has an office in the District of
Columbia, the practitioner expressly gives prominent notice
in all business documents of the practitioner's bar status
and that his or her practice is limited consistent with
this section (c).
- Unchanged
- Unchanged
- District of Columbia Practitioner: Providing legal services
to members of the public solely before a department or agency
of the District of Columbia government, where:
A. Unchanged
B. Such representation is authorized by statute, or the
department or agency has authorized it by rule and undertaken
to regulate it;
C. If the practitioner has an office in the District of
Columbia, the practitioner expressly gives prominent notice
in all business documents of the practitioner's bar status
and that his or her practice is limited consistent with
this section (c); and
D. If the practitioner does not have an office in the District
of Columbia, the practitioner expressly gives written notice
to clients and other parties with respect to any proceeding
before tribunals of that department or agency and any conduct
reasonably ancillary to such proceedings of the practitioner's
bar status and that his or her practice is limited consistent
with this section (c).
- Unchanged
- Unchanged
- Limited Duration Supervision by D.C. Bar Member: Practicing
law from a principal office located in the District of Columbia,
while an active member in good standing of the highest court
of a state or territory, under the direct supervision of
an enrolled, active member of the District of Columbia Bar,
for one period not to exceed 360 days from the commencement
of such practice, during pendency of a person's first application
for admission to the District of Columbia Bar; provided
that the practitioner has submitted the application for
admission within ninety (90) days of commencing practice
in the District of Columbia, that the District of Columbia
Bar member takes responsibility for the quality of the work
and complaints concerning the services, that the practitioner
or the District of Columbia Bar member gives notice to the
public of the member's supervision and the practitioner's
bar status, and that the practitioner is admitted pro hac
vice to the extent he or she provides legal services in
the courts of the District of Columbia.
- Pro Bono Legal Services: Providing legal services pro
bono publico in the following circumstances:
A. Unchanged
B. Unchanged
C. Where the person is an officer or employee of the United
States, is a member in good standing of the highest court
of a state or territory, and is assigned or referred by
an organization that provides legal services to the public
without fee; provided that the person is supervised by an
enrolled, active member of the District of Columbia Bar.
An attorney practicing under this section (c)(9) shall
give notice of his or her bar status, and shall be subject
to the District of Columbia Rules of Professional Conduct
and the enforcement procedures applicable thereto to the
same extent as if he or she were an enrolled, active member
of the District of Columbia Bar.
An attorney may practice under Part (B) of this section
(c)(9) for no longer than 360 days from the date of employment
by or affiliation with the Public Defender Service or
the non-profit organization, or until admitted to the
Bar, whichever first shall occur.
-
Specifically Authorized Court Programs: Providing legal
services to members of the public as part of a special
program for representation or assistance that has been
expressly authorized by the District of Columbia Court
of Appeals or the Superior Court of the District of Columbia,
provided that the person gives notice of his or her bar
status.
- Unchanged
For the Court:
Garland Pinkston Jr.
Clerk of the Court |
