APEC economy: United States of America; Jurisdiction: Louisiana

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 Louisiana Revised Statutes Title 37: Professions and Occupations (REFS and ANNOS), Chapter 4 Appendix.Articles of Incorporation of the Louisiana State Bar Association, Article XIV. Admissions to the Bar (REFS and ANNOS), section 11 (Licensing of legal consultants and foreign law).

Details of the requirements for qualifying for a limited licence and what a limited licence entitles a foreign lawyer to do are included in the database. General requirements include that the Supreme Court of Louisiana may license a person to practise as a consultant of foreign law, without examination, if the person is a member in good standing of the profession in a foreign country, has five years of continuous practice or has been a full-time professor for at least five years, and possesses other requirements. As to scope of practice, a person may render opinions on the law of the foreign jurisdiction or jurisdictions authorised by the Supreme Court, however, they may not appear in court, render advice on the law of a State of the United States, hold themselves out as a member of the Louisiana Bar, and must use the designation 'licensed consultant of the law of [name the foreign country]'.

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.

Full licensing

A foreign lawyer can obtain a full licence to practise law in this jurisdiction.

The relevant legislation is Louisiana Supreme Court Rule XVII, which governs admission to practise in Louisiana. The Louisiana Supreme Court is the governing body.

In order to obtain a full licence to practise law in this jurisdiction, foreign lawyers may seek admission by either obtaining an equivalency determination that his or her foreign education is equivalent to that offered at an ABA accredited law school. The foreign trained lawyer must then meet all requirements placed on applicants educated in the United States and graduate from ABA accredited schools. To obtain an equivalency determination, see Louisiana Supreme Court Rule XVII, section 6, which provides for admission of foreign lawyers (further information is available in the database). These requirements are different from the rules applicable to a local applicant in that foreign trained lawyers must obtain an equivalency determination prior to applying to sit the Louisiana Bar. That requirement is in addition to the general requirements placed on all applicants.

As at June 2009, approximately 18 foreign educated applicants have been admitted in Louisiana. The data does not show whether these applicants were admitted to practise in foreign jurisdictions prior to their admission in Louisiana.

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