APEC economy: United States of America; Jurisdiction: Iowa
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 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 the Iowa Court Rule No 31.8.
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.
As at June 2009, no limited licences had been granted to foreign lawyers in this jurisdiction. (This rule is relatively new.)
Full licensing
A foreign lawyer can obtain a full licence to practise law in this jurisdiction.
The relevant rules are the Iowa Court Rules 31.12 and 31.13 (Admission on motion); Court Policy (Equivalency Process).
In order to obtain a full licence to practise law in this jurisdiction, foreign lawyers can be admitted on motion if licensed in another jurisdiction, regularly engaged in the practice of law for five of the last seven years. Files are required. Certificates and affidavit are required. Candidates must pass a character and fitness investigation. Candidates can take the Bar if they successfully complete substantial course of study designed by ABA approved law school and approved by the Iowa Supreme Court. These requirements are the same as the rules applicable to a local applicant insofar as they relate to admission on motion. For admission by taking the Bar, the rules are different for foreign lawyers in that local lawyers must receive a JD or LLB degree from an ABA approved school.
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 required 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 would be unlikely to be permitted to establish an office in the absence of enabling legislation;
- correspondents indicated that there may be preferential terms provided by the North American Free Trade Agreement;
- there are specific rules in relation to advertising. They are the advertising rules found in Iowa Court Rules 32:7.1 to 7.5;
- there are specific rules in relation to use of names by lawyers or law firms. These rules are found in the Iowa Court Rules 32:7.1 to 7.5 and 31.18(3)(f).
Contacts
| Category | Name | Website or other contact details |
|---|---|---|
| Organisation(s) that controls licensing of lawyers | Office of Professional Regulation | Bar.admissions@iowacourts.gov |
| Peak professional association representing the legal profession | Iowa State Bar Association | www.iowabar.org |
| Other associations playing a significant role in developing policy for the legal profession | Iowa Supreme Court | www.iowacourts.gov |
Other issues
Iowa recently adopted a foreign legal consultant role to allow foreign attorneys to give advice on foreign law. A system of allow foreign lawyers to take the Bar after successful completion of a course of study developed by one of our ABA approved law schools works well. Foreign lawyers admitted to full practice in another US jurisdiction can utilise our admission on motion process to the same extent as US attorneys.