APEC economy: United States of America; Jurisdiction: Ohio

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 gov.bar.x1-limited practice of law by foreign legal consultants.

The requirements to qualify for a limited licence are that the applicant:

be admitted to the practice of law in a foreign country or political subdivision thereof as an attorney or counsellor of law or the equivalent of that country and has been in good standing under such country for at least four of the six years preceding the person's application;
possesses the character, fitness and moral qualifications requisite for a member of the Bar of Ohio;
possesses requisite documentation evidencing compliance with immigration laws of the United States;
intends to practise as a foreign legal consultant in Ohio and maintain an office in the state for such practice.

Ongoing requirements include:

provision of proof of professional indemnity insurance or other proof of financial responsibility;
proof of good standing;
annual renewal fee of US$200.

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 2 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 gov.barR.I. The governing body is the Supreme Court of Ohio.

In order to obtain a full licence to practise law in this jurisdiction, foreign lawyers must be admitted by examination, must have undergraduate and legal education approved by the Supreme Court of Ohio and must meet all requirements of the Bar exam applicants, including receiving final character and fitness approval. If seeking admission without examination, education again must be approved by the Court if obtained outside the United States and the applicant must have sat for and passed a Bar exam in another state in the United States and have practised law full time in another US jurisdiction in which they were licensed for at least five full years out of the past ten at the time the application is submitted.

These requirements are different from the rules applicable to a local applicant in that if either undergraduate or legal education were obtained outside of the United States, pursuant to the rules for the government of the Bar, the applicant's education must be evaluated and approved by the Court. All other requirements between foreign lawyers and local lawyers seeking a full licence are the same.

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 not 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 required to enter into commercial association with local lawyers or law firms.

Other regulatory issues