Free California Application Registered In Counsel Form in PDF

Instructions on Writing California Application Registered In Counsel

Filling out the California Application for Registered In-House Counsel is a crucial step for out-of-state attorneys aiming to work as in-house counsel within California. This process, while detailed, ensures that the attorney meets all the necessary requirements set forth by the State Bar of California. Follow these guidelines meticulously to complete your application correctly.

1. Ensure you are already registered as an Attorney Applicant with the State Bar’s Office of Admissions before beginning this application.
2. Complete the Registrant Information section, providing your last name, first name, middle name, date of employment as in-house counsel, employer details, your contact information including address (note that this will be public information), and your educational background.
3. For the Application Attachments, prepare the following:
   • Attachment A: Attorney Declaration. Confirm your good standing in another jurisdiction, your agreement to California's disciplinary authority, your exclusive practice for a qualifying institution, among other declarations.
   • Attachment B: Declaration of Qualifying Institution. This should be completed by an officer or director of your employing institution, verifying its qualification under California Rules of Court, rule 9.46, your employment, and your good moral character.
   • Attachment C: Admissions/Standing List. List all jurisdictions where you are admitted to practice, mentioning the dates, member state/court, your status, and any prior discipline record.
4. Include the Application for Determination of Moral Character in a sealed envelope. Also, ensure you have an Original Certificate of Good Standing.
5. Prepare a single payment covering both the $550 Application Fee and the $500 Moral Character Determination Fee. Make a cashier's check, traveler’s check, or money order payable to “State Bar of California.” Personal checks are not accepted.
6. Double-check all parts of your application for completeness and accuracy. Sign where necessary, especially on Attachment A and the Declaration of Qualifying Institution (Attachment B).
7. Mail your completed application, attachments, and fees to The State Bar of California Office of Admissions – MJP Program at 845 S. Figueroa Street, Los Angeles, CA 90017-2515.

Once your application is submitted, it will undergo a review process by the State Bar of California. During this time, ensure that any changes to your information, including address or employment status, are promptly reported to the State Bar of California Office of Admissions. Successful completion and approval of this application will allow you to practice as registered in-house counsel in California, under the guidelines and conditions set by the State Bar.

What is the purpose of the California Application for Registered In-House Counsel?

The California Application for Registered In-House Counsel is designed for out-of-state attorneys who wish to serve as in-house counsel for a corporation, partnership, association, or other legal entity within the state of California. It allows these attorneys to practice law for their specific employer in California without being members of the State Bar of California, provided they meet certain requirements and are registered with the State Bar’s Office of Admissions.

Who needs to complete the California Application for Registered In-House Counsel?

This application must be completed by attorneys who are currently licensed and in good standing in at least one jurisdiction in the United States, but who are not licensed in California, and who intend to work as in-house counsel for a qualifying institution within the state. It is critical for those who want to legally provide in-house legal services without the necessity of passing the California Bar Exam.

What fees are associated with the California Application for Registered In-House Counsel?

Applicants are required to pay two fees: a $550 Application Fee and a $500 Moral Character Determination Fee. These fees must be paid via cashier's check, traveler’s check, or money order made payable to the "State Bar of California." Personal checks are not accepted. These fees cover the processing of the application and the moral character determination, which is a crucial part of ensuring the integrity and reliability of in-house counsel serving in California.

What are the key declarations an applicant must make in the California Application for Registered In-House Counsel?

Applicants must declare that they are members in good standing and eligible to practice law in at least one US jurisdiction, have not been suspended, disbarred, or resigned with charges pending in any jurisdiction. They agree to be subject to the disciplinary authority of California, will only practice law for the institution employing them, do not plan to make court appearances or provide personal legal representation outside their employment scope, will adhere to California’s Continuing Legal Education requirements, and will promptly notify the State Bar of California of any changes to their information or employment status.

What happens if there are changes in the applicant’s employment or eligibility status?

Applicants are obligated to inform the State Bar of California within 30 days if there are any changes in their employment at the qualifying institution or if there's a change in their eligibility to practice law in another jurisdiction. Additionally, if they stop working for the qualifying institution, they must provide the State Bar with a forwarding address for any further communications. This ensures that the State Bar is up to date with the applicant's status and can maintain accurate records of registered in-house counsel.

Filling out the California Application for the Registered In-House Counsel Program involves meticulous attention to detail. A common mistake applicants make is not registering as an Attorney Applicant with the State Bar's Office of Admissions before submitting the application. This step is mandatory and a prerequisite for application submission, yet it is often overlooked, delaying the application process.

Another frequent error occurs when applicants fail to type or print clearly on the form. Given that the information provided is subject to public disclosure and posted on the State Bar's website, clarity in filling out the form is crucial. Illegible information can lead to errors in official public records, potentially affecting the applicant's professional credentials.

Applicants occasionally neglect to include the Application Attachments – specifically the Attorney Declaration, Declaration of Qualifying Institution, and Admissions/Standing List. These documents are essential components of the application, and their absence can render the submission incomplete, leading to administrative delays or outright rejection of the application.

Paying the Application Fee and the Moral Character Determination Fee with personal checks is a common oversight. The instructions specify that these fees must be paid with a cashier's check, traveler’s check, or money order, yet this instruction is sometimes ignored. As personal checks are not accepted, failing to comply with the payment instruction can cause an unnecessary halt in the application processing.

In the section requiring the listing of jurisdictions where the applicant is authorized to practice, some applicants mistakenly report their eligibility or standing inaccurately. This mistake can have serious implications, as the application asks for a declaration under penalty of perjury that the information provided is true and correct. Inaccurate information could lead to disciplinary actions or impact the applicant’s moral character assessment.

A significant yet avoidable mistake is not promptly updating the State Bar of California in writing within 30 days of any change in information provided in the application. Changes might include personal contact information, employment at a qualifying institution, or eligibility to practice law in another jurisdiction. Failure to report these changes can lead to compliance issues, affecting the status of the in-house counsel registration.

Last but not least, a common pitfall is the failure to comply with the affidavit portions of the application, specifically the Attorney Declaration and the Declaration of a Qualifying Institution. Some applicants either do not sign these declarations or fail to ensure the declaring officer or director signs the latter. These signatures are critical for the application's validity, as they affirm the accuracy and veracity of the information under penalty of perjury.

The process of registering as an In-House Counsel in California necessitates a thorough documentation submission, extending beyond the basic application itself. This suite of documents ensures that applicants meet all professional, ethical, and educational standards required by the State Bar of California. The breadth of documentation required reflects the comprehensive assessment of an applicant's qualifications and readiness to serve as In-House Counsel within the state.

• Attorney Declaration (Attachment A): This document is a formal statement where the attorney attests to their current good standing in all jurisdictions where they are licensed to practice. It includes affirmations about disciplinary history, the commitment to abide by California's professional conduct standards, and intentions regarding practice limitations within the state.
• Declaration of Qualifying Institution (Attachment B): This declaration, completed by an officer or director of the employing institution, certifies that the entity meets the criteria set by the State of California for an attorney to be eligible as Registered In-House Counsel. It confirms the organization’s status and the attorney's role within it.
• Admissions/Standing List (Attachment C): A comprehensive listing that details the applicant's admission status in all jurisdictions where they are licensed, including any past disciplinary actions. It ensures transparency and enables the State Bar to evaluate the applicant's professional history thoroughly.
• Application for Determination of Moral Character: A vital component of the application process that requires an in-depth background check to assess the applicant’s fitness to practice law in terms of character and ethical standards. This form comes in a sealed envelope and is critical for evaluating the applicant's integrity.
• Original Certificate of Good Standing: This official document from the jurisdiction where the applicant is already licensed confirms that the attorney is currently in good standing and has no disciplinary actions pending. It is essential for verifying the attorney's professional status.
• Proof of Minimum Continuing Legal Education Compliance: Registered In-House Counsel must meet specific educational requirements, including completion of credits in Continuing Legal Education (CLE). Proof of compliance ensures the attorney remains informed about the latest laws and ethical guidelines.
• Verification of Employment by a Qualifying Institution: This documentation, typically an offer letter or employment contract, must clearly state the attorney's role, duties, and the terms of employment. It serves to confirm the attorney’s status as In-House Counsel for a qualifying institution in California.

The assembly of these documents forms a comprehensive dossier that the State Bar of California reviews to determine an attorney's eligibility for the Registered In-House Counsel Program. Each document serves a specific purpose in establishing the credentials, character, and compliance of the attorney with both the professional standards of California and the specific requirements of the In-House Counsel registration process.

The California Application Registered In-House Counsel form shares similarities with the Application for Admission to Practice as an Attorney in various states. Both require comprehensive information about the applicant’s legal education, prior bar admissions, and standing in other jurisdictions. They mandate disclosures concerning disciplinary history and any criminal background, reflecting a thorough vetting process to ensure the applicant's suitability to practice law. These applications serve as a gatekeeping function, ensuring that only those with the requisite moral character and qualifications are permitted to offer legal services, whether as an in-house counsel or in a more traditional attorney role.

Similar to the Moral Character Determination form required by many state bars, the California form involves an assessment of the applicant's ethical fitness to practice law. Both types of applications necessitate disclosures that allow the evaluating body to scrutinize the applicant's personal and professional background. This includes any past legal infractions, disciplinary actions by professional bodies, or any other conduct that could bear on the applicant's moral character. This parallel underscores the importance of integrity and ethical conduct in the legal profession, ensuring those who serve have a record demonstrating their adherence to professional standards.

The Pro Hac Vice Application, which permits an out-of-state lawyer to practice law in another state's jurisdiction on a temporary basis for a particular case, also bears resemblance to the California form. Both require the applicant to be in good standing in their home jurisdiction and not subject to disciplinary proceedings. Each emphasizes the need for out-of-state attorneys to comply with the local state's rules of professional conduct and submit to the jurisdiction's disciplinary authority. These requirements are designed to maintain high standards of legal practice and protect the interests of the public and the integrity of the legal system.

Finally, the Multijurisdictional Practice (MJP) Program applications, which allow attorneys licensed in one state to practice in another under certain conditions, share commonalities with the California Application Registered In-House Counsel form. Both involve detailed vetting processes, including scrutiny of an applicant's legal education, bar standing, and moral character. They are crafted to balance the benefits of a more open legal marketplace with the need to safeguard legal consumers and uphold the quality of legal services. This includes ensuring that lawyers practicing under these provisions have the necessary legal knowledge and ethical grounding to serve their clients effectively.

When completing the California Application for Registered In-House Counsel, attention to detail and thoroughness are paramount. Here are some important do's and don'ts to guide you through the process:

Do's:

• Register as an Attorney Applicant with the State Bar's Office of Admissions before submitting this application. This initial step is crucial and ensures that your application can be processed without unnecessary delays.
• Type or print clearly. This ensures that all information is legible, reducing the risk of errors or misinterpretations that could compromise your application.
• Ensure your declarations are accurate. The Attorney Declaration and the Declaration of the Qualifying Institution must reflect the current and true status of your eligibility, employment, and good standing. Any inaccuracies can have serious implications.
• Include all required attachments and fees with your application. This includes the Attorney Declaration, Declaration of Qualifying Institution, Admissions/Standing List, Application for Determination of Moral Character, and the necessary fees. Combining fees into one payment streamlines the process.
• Notify the State Bar of California of any changes within 30 days. This includes changes to your address, employment, or eligibility status to practice law in another jurisdiction.

Don'ts:

• Don't submit personal checks for the application fee or the moral character determination fee. Acceptable forms of payment include cashier's checks, travelers’ checks, or money orders made payable to the “State Bar of California.”
• Don't skip the Moral Character Determination process. This step is critical and requires careful attention to detail, including submitting the application in a sealed envelope as directed.
• Don't provide incomplete or inaccurate documentation. Every piece of information and attachment plays a crucial role. Inaccuracies, even if unintentional, can delay or negatively impact the approval of your application.
• Don't offer personal or individual legal representation while registered under this program. The scope of your legal practice is confined to the qualifying institution that employs you.
• Don't forget post-registration requirements, such as the obligation to fulfill Continuing Legal Education (CLE) requirements in your first year and notifying the State Bar of California of any changes to your provided information.

There are several misconceptions about the California Application Registered In-House Counsel (RIHC) form. Here are seven common ones and the clarifications:

• Only attorneys from within the United States can apply. While the application requires being a member in good standing of at least one jurisdiction in the United States, it does not explicitly restrict applicants based on their country of origin, allowing out-of-state attorneys to apply.
• There's a single fee associated with the application process. In reality, applicants must pay both an application fee and a moral character determination fee, suggesting the process includes multiple financial obligations.
• Personal checks are an acceptable form of payment for the fees. The instructions clearly state that the State Bar of California does not accept personal checks for application and moral character fees, instead requiring a cashier's check, traveler’s check, or money order.
• Registered In-House Counsel can represent individual clients within the Qualifying Institution. The application stipulates that in-house counsel cannot provide personal or individual representation to customers, shareholders, owners, partners, officers, employees, servants, or agents of the Qualifying Institution.
• Completion of Continuing Legal Education (CLE) is not mandatory in the first year. Contrary to this belief, the form underlines the obligation to satisfy Minimum Continuing Legal Education requirements in the first year of practice and thereafter, aligning with requirements applicable to all members of the State Bar of California.
• The address provided in the application remains confidential. The form clearly states that the address of record is public information, subject to disclosure upon request and also posted on the State Bar’s website, emphasizing the public nature of certain submitted information.
• Applicants are only subject to disciplinary authority upon approval. The form requires applicants to agree to be subject to the disciplinary authority of The Supreme Court of California and The State Bar of California with respect to California law governing the conduct of attorneys, effective from the time of application submission.

Understanding these details ensures that attorneys are fully informed about the expectations and requirements when applying for In-House Counsel registration in California.

Filling out and using the California Application Registered In Counsel form is crucial for out-of-state attorneys seeking to work as in-house counsel within California. This process requires attention to detail and an understanding of specific requirements. Here are key takeaways to ensure a smooth application process:

• Registration before Application: Attorneys must register with the State Bar of California's Office of Admissions before submitting their application for the In-House Counsel Program.
• Accuracy of Information: It is essential to type or print information clearly on the application to avoid any confusion or delays in the processing of your application.
• Public Disclosure: Applicants should be aware that their address of record will become public information, subject to disclosure upon request and will also be posted on the State Bar's website.
• Payment Method: The application and moral character determination fees must be paid with a cashier's check, traveler's check, or money order, as personal checks are not accepted. These fees can be combined into one payment.
• Good Standing Requirement: Applicants need to be members in good standing and eligible to practice law in at least one jurisdiction in the United States. They must not be suspended, disbarred, or resigned with charges pending from any disciplinary agency.
• Practice Limitations: Registered In-House Counsel are restricted to practicing law solely for their employing institution and cannot provide personal representation to individuals or make court appearances in California state courts.
• Continuing Education: In the first year of practice under this program, in-house counsel must complete the Minimum Continuing Legal Education requirements applicable to members of The State Bar of California and continue to fulfill these requirements thereafter.
• Obligation to Update Information: Any changes in the information provided in the application, including address or employment at a qualifying institution, must be communicated to The State Bar of California within 30 days. A forwarding address must also be provided within 30 days of cessation of employment.

Understanding and adhering to these guidelines will facilitate a smoother application process for out-of-state attorneys intending to serve as in-house counsel in California. It's not merely about submitting an application; it's about ensuring compliance with the rules and regulations set forth by The State Bar of California, demonstrating good moral character, and committing to ongoing legal education. These steps are critical in maintaining the integrity and high standards of the legal profession within the state.