APEC economy: United States of America; Jurisdiction: Delaware

Temporary practice ('fly-in, fly-out' practice)

There is an express rule allowing temporary practice by foreign lawyers.

The relevant legislation is DLRPC Rule 5.5(c). Relevant information on conditions and restrictions is included in the database.

Limited licensing of foreign lawyers (foreign legal consultant rules)

A foreign lawyer can obtain a limited licence entitling them to offer advisory services in foreign and international law (ie become a foreign legal consultant).

The relevant legislation is RSC Rule 55.2.

The requirements that must be met in order to qualify for a limited licence, include that foreign lawyers must be members in good standing of the Bar of a foreign country. As to scope of practice, subject to certain restrictions set forth in the RSC Rule 55.2, a foreign legal consultant may render legal services with respect to the laws of the foreign country in which such person is admitted.

In order to offer advisory services in foreign and international law, a foreign legal consultant is not required but may enter a commercial association with local lawyers.

Full licensing

A foreign lawyer cannot obtain a full licence to practise law in this jurisdiction. The relevant impediment is that foreign lawyers must meet the same qualification criteria as applicable to all other applicants to the Delaware Bar.

Commercial association between lawyers and law firms

In this jurisdiction:

local lawyers may be employed by another local lawyer of a local firm;
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