APEC economy: United States of America; Jurisdiction: Maryland
Temporary practice ('fly-in, fly-out' practice)
There is no express rule allowing temporary practice by foreign lawyers.
Limited licensing of foreign lawyers (foreign legal consultant rules)
A foreign lawyer cannot obtain a limited licence entitling them to offer advisory services in foreign and international law (ie become a foreign legal consultant).
Full licensing
A foreign lawyer cannot obtain a full licence to practise law in this jurisdiction. However, if there is no holding out by the foreign attorney indicating ability to practise law in Maryland, he or she can advise on foreign law.
Commercial association between lawyers and law firms
In this jurisdiction:
- local lawyers may be employed by another local lawyer of a local firm;
- local lawyers may be employed by a foreign lawyer or foreign firm;
- foreign lawyers may provide services in some other form of commercial association with local lawyers;
- foreign firms are permitted to establish a commercial presence (a permanent office) to offer advisory services in foreign and international law;
- foreign firms are permitted to enter into commercial association with local lawyers or law firms.
Other regulatory issues
In this jurisdiction:
- foreign lawyers can establish an office in the absence of enabling legislation;
- there are specific rules in relation to use of names by lawyers or law firms. This rule is Rule 7.5 of the Maryland Lawyers Rule of Professional Conduct.
Foreign lawyers and firms are treated the same as local lawyers in the application of these rules.
Contacts
| Category | Name | Website or other contact details |
|---|---|---|
| Organisation(s) that controls licensing of lawyers | Court of Appeals of Maryland | www.mdcourts.gov |
| Peak professional association representing the legal profession | Maryland State Bar Association |
Other issues
The correspondent expressed the view that a specific rule dealing with foreign lawyers would be desirable.