APEC economy: United States of America; Jurisdiction: Minnesota

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 rules are as follows: Minnesota Supreme Court has plenary authority over the practice of law in Minnesota and has adopted the Minnesota Rules for Admission to the Bar.

The requirements that must be met in order to qualify for a limited licence are described in Rule 11 (Licence for foreign legal consultants).

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

As at June 2009, approximately 3 limited licences had been granted to foreign lawyers in this jurisdiction.

Full licensing

A foreign lawyer cannot obtain a full licence to practise law in this jurisdiction, unless the foreign lawyer has a JD or LLB from a law school fully or provisionally approved by the American Bar Association and meets either the Bar exam or admission on motion requirements for admission to practise in Minnesota, as set forth in Rules for Admission to the Bar. See provisions of Rules 4, 5, 6, 7, 8, 9 and 10. The relevant impediment is Rule 4A(3), which requires graduation from an ABA accredited law school with a JD or LLB degree.

In order to obtain a full licence to practise law in this jurisdiction, foreign lawyers must have a JD or LLB degree from an ABA approved law school. In addition, admission may be based on a passing score and a Minnesota Bar exam or admission in another US jurisdiction and at least five years of a licensed practice. Further, the applicant must meet other requirements of the Minnesota Rules for Admission to the Bar.

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 slots online real money commercial association with local lawyers (if under Rule 11 (Foreign legal consultant). See also restrictions contained in Minn.Stat.Sec.319B regarding professional firms);
foreign firms are permitted to establish a commercial presence (a permanent office) to offer advisory services in foreign and international law (if foreign legal consultant – otherwise, a foreign lawyer cannot set up his or her own office).

Other regulatory issues