APEC economy: United States of America; Jurisdiction: Guam
Temporary practice ('fly-in, fly-out' practice)
There is an express rule allowing temporary practice by foreign lawyers.
The relevant legislation is Supreme Court of Guam Proclamation Order 04-002, Guam, Guam Rule of Professional Conduct 5.5.
Relevant conditions or restrictions include:
- through Guam Supreme Court Proclamation Order 04-002, Guam adopted Guam Rule of Professional Conduct 5.5 (based on Model Rule of Professional Conduct 5.5), which includes a multi-jurisdictional practice of law component for foreign lawyers admitted in another United States jurisdiction.
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 can obtain a full licence to practise law in this jurisdiction.
The Supreme Court of Guam is responsible for the licensing and regulation of all attorneys. For further information, see Rules Governing Admission to the Practice of Law.
In order to obtain a full licence to practise law in this jurisdiction, foreign lawyers must meet all eligibility requirements in the Guam rules governing admission to the practice of law such as graduation from a law school accredited by the American Bar Association, passing the Guam Bar examination, and passing a character and fitness investigation conducted by the National Conference of Bar Examiners. These requirements are the same as the rules applicable to a local applicant.
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 not permitted to establish a commercial presence (a permanent office) to offer advisory services in foreign and international law.
Other regulatory issues
In this jurisdiction:
- foreign lawyers cannot establish an office in the absence of enabling legislation;
- lawyers from other US jurisdictions are given preferential status, although relevant rules do not contemplate international locales;
- there are specific rules in relation to advertising. These rules are Guam Rules of Professional Responsibility 7.2;
- there are specific rules in relation to use of names by lawyers or law firms. These rules are Guam Rules of Professional Responsibility 7.5.
Foreign lawyers and firms are treated differently from local lawyers in the application of these rules in that, because their practice must be temporary in nature, and must be for a specific client on a specific case, advertisements and firm names seem irrelevant.
Contacts
| Category | Name | Website or other contact details |
|---|---|---|
| Organisation(s) that controls licensing of lawyers | Guam Supreme Court/Guam Board of Law Examiners | www.guamcourts.org |
| Peak professional association representing the legal profession | Clerk of Court, Supreme Court of Guam | hgutierezarroyo@guamsupremecourt.com | Other associations playing a significant role in developing policy for the legal profession | Guam Bar Association | www.guambar.org |