* Registered Foreign Legal Consulting within the State Bars of Florida and California:
* Argentine Foreign Legal Consultant License in California:
https://www.calbar.ca.gov/Admissions/Special-Admissions/Foreign-Legal-Consultants-FLC/Foreign-Legal-Consultants-List
* Argentine Foreign Legal Consultant License in Florida, USA:
https://www.floridabar.org/directories/find-mbr/profile/?num=293788
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A registered foreign legal consultant (FLC) is an attorney or counselor at law (or equivalent) licensed in another country who has received special certification from the State Bar of California to represent a client in this state.
A foreign legal consultant can practice law in a limited manner in California.
TITLE 3. PROGRAMS AND SERVICES
Adopted July 2007
DIVISION 3. NON-LICENSEE ATTORNEYS
Chapter 4. Foreign Legal Consultants
Rule 3.400 Definitions
(A) A “Registered Foreign Legal Consultant” is a person who meets the eligibility
requirements of Rule of Court 9.44 of the California Rules of Court (“Rule 9.44”)
and is registered by the State Bar as a Foreign Legal Consultant.
(B) “Registered” means that the State Bar has issued a certificate of registration to a
person it deems eligible to practice law as a Foreign Legal Consultant.
Rule 3.400 adopted effective July 1, 2010.
Rule 3.401 Application
(A) To practice law as a Registered Foreign Legal Consultant, a person who meets
the eligibility requirements of the Rule 9.44 must
(1) submit an Application for Registration1 as an attorney applicant for
admission to the State Bar of California with the required certificate and
the fee set forth in the Schedule of Charges and Deadlines;2
(2) submit an Application for Registered Foreign Legal Consultant3 with the
fee set forth in the Schedule of Charges and Deadlines (the Schedule);
(3) meet State Bar requirements for acceptable moral character, which are
set forth in the instructions for Application for Registered Foreign Legal
Consultant;
(4) submit a letter of recommendation from an authorized representative of
the professional body having final disciplinary jurisdiction or a judge of the
highest law court or court of original jurisdiction attesting to his or her
professional qualifications in the foreign jurisdiction.
(B) An application to practice law as a Registered Foreign Legal Consultant may be
denied for failure to comply with eligibility or application requirements or a
material misrepresentation of fact.
1 See Rule 4.16(B). 2 See Rule 4.3(B).
3 See Rule of Court 9.44.
(C) Upon a showing of undue hardship by the applicant, the State Bar may waive or
vary this rule’s requirement of the letter of recommendation attesting to the
applicant’s professional qualifications.
Rule 3.401 adopted effective July 1, 2010.
Rule 3.402 Duties of Registered Foreign Legal Consultants
A Foreign Legal Consultant must
(A) annually renew registration as a Registered Foreign Legal Consultant and submit
the fee set forth in the Schedule of Charges and Deadlines;
(B) report to the State Bar within thirty days any change in eligibility or the security
for claims required by these rules;
(C) at all times maintain the security for claims required by these rules and upon
demand promptly provide the State Bar with current evidence of security for
claims;
(D) provide legal advice in California exclusively regarding the law of a foreign
jurisdiction where he or she is licensed to practice law and which is identified in
the Application To Register as a Foreign Legal Consultant;
(E) use the title “Registered Foreign Legal Consultant” and no other in connection
with activities performed as a Registered Foreign Legal Consultant;
(F) not claim in any way to be a licensee of the State Bar of California;
(G) maintain an address of record and a current e-mail address with the State Bar;
and
(H) otherwise comply with Rule 9.44 and these rules.
Rule 3.402 adopted effective July 1, 2010; amended effective March 1, 2019.
Rule 3.403 Security for claims
A Registered Foreign Legal Consultant must provide evidence of security for claims for
pecuniary losses resulting from acts, errors, or omissions in the rendering of legal
services. The security assets must be maintained at all times, and the State Bar may
require current evidence of security for claims at any time. The evidence
(A) may be a certificate of insurance, a letter of credit, a written guarantee, or a
written agreement executed by the applicant;
(B) must be provided in a form acceptable to the State Bar; and
(C) must be computed in United States dollars.
Rule 3.403 adopted effective July 1, 2010.
Rule 3.404 Insurance as security for claims
If insurance serves as security for claims, it must be acceptable to the State Bar and
provide the Registered Foreign Legal Consultant a minimum amount of annual
insurance and a maximum deductible. These amounts are specified in the Schedule of
Charges and Deadlines for a single claim and for all claims.
(A) If the insurance excludes the cost of defense, the Registered Foreign Legal
Consultant may reduce the minimum amount of annual insurance as specified in
the Schedule.
(B) If the insurance provides for a deductible greater than that specified in the
Schedule, the Registered Foreign Legal Consultant must provide a letter of credit
or a written agreement as evidence of security for the deductible.
(C) If the insurance is provided by an insurer outside California, the Registered
Foreign Legal Consultant must promptly provide, upon request of the State Bar,
a copy of the insurance policy and a translation if the policy is not in English.
Rule 3.404 adopted effective July 1, 2010.
Rule 3.405 Letter of credit as security for claims
If a letter of credit serves as security for claims, the Registered Foreign Legal
Consultant must maintain the letter of credit at all times in the minimum amount
specified in the Schedule of Charges and Deadlines for a single claim and for all claims.
Rule 3.405 adopted effective July 1, 2010.
Rule 3.406 Written guarantee as security for claims
If a written guarantee serves as security for claims, the Registered Foreign Legal
Consultant must maintain the written guarantee at all times for a minimum amount in
favor of the State Bar. The amount is specified in the Schedule for a single claim and for
all claims.
(A) The guarantor must be a California law firm or law corporation, an active licensee
of the State Bar, or a financial institution.
(B) The written guarantee must be supported by an independent accountant’s
certified financial statements and subsidiary records evidencing that tangible net
worth for the most recent fiscal year is equivalent to the minimum amount
required for security for claims, exclusive of intangible assets such as good will,
licenses, patents, trademarks, trade names, copyrights, and franchises. Net
worth may include fifty percent of earned fees that have not been billed and billed
fees that have not been collected.
Rule 3.406 adopted effective July 1, 2010; amended effective March 1, 2019.
Rule 3.407 Written agreement as evidence of security for claims
If a Foreign Legal Consultant’s written agreement serves as security for claims, the
agreement must be for the minimum amount specified in the Schedule of Charges and
Deadlines for a single claim and for all claims.
Rule 3.407 adopted effective July 1, 2010.
Rule 3.408 Suspension of registration as a Foreign Legal Consultant
(A) Registration as a Foreign Legal Consultant is suspended
(1) for failure to annually register as a Foreign Legal Consultant and submit
any related fee and penalty by the date set forth in the Schedule of
Charges and Deadlines;
(2) for failure to otherwise comply with or meet the eligibility requirements of
Rule 9.44(c) (3), (4), (5), (6), (7), (8), (9), and (10), these rules or with the
laws or standards of professional conduct applicable to a licensee of the
State Bar.
(B) A Foreign Legal Consultant suspended under these rules is not permitted to
practice law during the suspension.
(C) A notice of suspension is effective ten days from the date of receipt. Receipt is
deemed to be five days from the date of mailing to a California address; ten days
from the date of mailing to an address elsewhere in the United States; and
twenty days from the date of mailing to an address outside the United States.
Alternatively, receipt is when the State Bar delivers a document physically by
personal service or otherwise.
(D) Appeal of a suspension is subject to the disciplinary procedures of the State Bar.
Rule 3.408 adopted effective July 1, 2010; amended effective March 1, 2019.
Rule 3.409 Termination of Registration
(A) Registration as a Foreign Legal Consultant terminates
(1) for failure to meet the eligibility requirements of Rule 9.44(c)(1) or Rule
9.44(c)(2);
(2) upon imposition of discipline for misconduct by a professional or
occupational licensing authority;
(3) upon admission to the State Bar;
(4) upon repeal of Rule 9.44 or termination of the Foreign Legal Consultants
program; or
(5) upon request.
(B) An attorney whose registration has been terminated under these rules is not
permitted to practice law in California and must submit a new application and
comply with Rules of Court, rule 9.9.5 governing attorney fingerprinting to register
as a Foreign Legal Consultant in order to practice law in California.
(C) A notice of termination is effective ten days from the date of receipt. Receipt is
deemed to be five days from the date of mailing to a California address; ten days
from the date of mailing to an address elsewhere in the United States; and
twenty days from the date of mailing to an address outside the United States.
Alternatively, receipt is when the State Bar delivers a document physically by
personal service or otherwise.
(D) Appeal of a termination is subject to the disciplinary procedures of the State Bar.
Rule 3.409 adopted effective July 1, 2010; amended effective March 1, 2019.
Rule 3.410 Reinstatement after termination
An attorney terminated as a Registered Foreign Legal Consultant who seeks
reinstatement must meet all eligibility and application requirements of these rules.
Reinstatement is effective from the date of compliance.
Rule 3.410 adopted effective July 1, 2010.
Rule 3.411 Public information
State Bar records for attorneys permitted to practice law as Foreign Legal Consultants
are public to the same extent as licensee records.
Rule 3.411 adopted effective July 1, 2010; amended effective March 1, 2019.