In Re: Virgin Islands Bar Association
Case Caption: In Re: Virgin Islands Bar Association Case Number: SCT-Misc-2021-0024Date: 12/23/2021Author: Per CuriamCitation: 2021 VI 24Summary: On an application by the Virgin Islands Bar Association requesting amendment of Supreme Court Rule 211.5.5, pertaining to multijurisdictional practice and the unauthorized practice of law, to include new language which would track Rule 5.5(c) of the American Bar Association Model Rules of Professional Conduct, the petition is denied. Previously, this Court modified Rule 211.5.5(b) by adding an express cross-reference § 443 to ensure that adoption of the Rule did not erase or modify pre-existing case law pertaining to the unauthorized practice of law. Then this Court adopted Rule 202.1 to establish a formal process for the admission and registration of in-house counsel. And in direct response to a request from the Virgin Islands Bar Association, this Court amended Rule 201, pertaining to pro hac vice admission, to greatly liberalize the rule by repealing the lifetime limit of three pro hac vice appearances by a lawyer or law firm and to also repeal the requirement that a pro hac vice attorney pay a licensing fee. The present opinion addresses any misunderstanding of what does and does not constitute the unauthorized practice of law in the Virgin Islands and the rest of the United States. Cognizant of the importance of this issue to the Bar Association, its request is referred to the Advisory Committee on Rules, which may, in its discretion and pursuant to its ordinary procedures, further study the matter, solicit and receive comments from the Bar Association and other stakeholders, and if appropriate suggest amendments or other changes to Rule 211.5.5 for consideration by this Court.Attachment:
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