Rule 8.126. Temporary Admission to the Bar

(A) Definitions. For purposes of this rule:

(1) “Foreign attorney” is an attorney who is

(a) licensed to practice law in another state or territory of the United States of America, in the District of Columbia, in a Tribal court, or in a foreign country;

(b) not a member of the Bar; and

(c) not disbarred or suspended in any jurisdiction.

(2) “Sponsoring attorney” is an attorney who is a member of the Bar.

(3) “Tribunal” is a court, administrative agency, or arbitrator.

(4) “The Bar” is the State Bar of Michigan.

(B) Temporary Admission.

(1) To request temporary admission to practice before tribunals in this state, a foreign attorney must proceed through a sponsoring attorney. Permission for a foreign attorney to appear and practice is within the discretion of the tribunal.

(2) Except as provided in subrule (B)(3), a foreign attorney may not appear in more than five cases in any 365-day period.

(3) For a foreign attorney who has submitted, pursuant to BLE Rule 5, an application to practice law without examination, and for the time period in which the foreign attorney’s application is pending before the Board of Law Examiners, the foreign attorney shall not be subject to any limitation on the number of cases in which the foreign attorney may be eligible for temporary admission. A foreign attorney whose application for admission to practice law without examination has been withdrawn or decided by the Board of Law Examiners must notify the Bar and will no longer be eligible for unlimited temporary admission under this subrule.

(4) After paying the fee for temporary admission with the first application for temporary admission as required by subrule (C)(2), the following foreign attorneys shall have fees waived for all subsequent applications for temporary admission for the time period in which the foreign attorney’s application for admission to practice law is pending before the Board of Law Examiners:

(a) employees of a public or nonprofit defender office or a prosecutor’s office;

(b) employees of a legal services program that is a grantee of the federal Legal Services Corporation or the Michigan State Bar Foundation; and

(c) employees of a law school clinic that provides services on the basis of indigence.

(C) Procedure for Foreign Attorneys.

(1) The sponsoring attorney must appear as counsel of record and file a motion asking the tribunal to grant the foreign attorney temporary admission to practice. The motion must be supported with:

(a) a certificate of good standing for the foreign attorney issued within the last 30 days by a jurisdiction where the foreign attorney is licensed and eligible to practice;

(b) an affidavit signed by the foreign attorney that verifies:

(i) the jurisdiction(s) in which the foreign attorney is or has been licensed or has sought licensure;

(ii) the jurisdiction(s) where the foreign attorney is presently eligible to practice and the foreign attorney’s good standing in all jurisdictions where licensed;

(iii) that the foreign attorney is not disbarred, suspended from the practice of law, nor the subject of any pending disciplinary action in any jurisdiction; and

(iv) that the foreign attorney is familiar with the Michigan Rules of Professional Conduct, the Michigan Rules of Evidence, and these court rules.

(v) for foreign attorneys who are not subject to the 5-case limitation described in subrule (B)(2), that the foreign attorney has applied for admission to practice law under BLE Rule 5 and that the application is pending before the Board of Law Examiners.

(c) a copy of any disciplinary dispositions concerning the foreign attorney;

(d) a statement by the sponsoring attorney that the sponsoring attorney:

(i) has read the foreign attorney’s affidavit and any disciplinary dispositions concerning the foreign attorney;

(ii) believes the foreign attorney’s representations to be true; and

(iii) will ensure that the procedures of this rule are followed.

(2) Prior to filing the motion with the tribunal, the motion and supporting materials must be filed with the Bar together with a fee equal to the discipline and client-protection portions of a Bar member’s annual dues or a request to waive the fee as provided in subrule (B)(4). Within seven days thereafter, the Bar must report to the tribunal, the sponsoring attorney, and the foreign attorney:

(a) the jurisdiction(s) in which the foreign attorney is licensed;

(b) that the fee has been paid to the Bar or waived; and

(c) the number of times that the foreign attorney has been granted temporary admission to practice within the past 365 days and a statement regarding whether the foreign attorney is subject to the 5-case limitation described in subrule (B)(2).

(3) If, after receiving the Bar’s report, the tribunal finds that the requirements of this rule have been met, it may issue an order granting the foreign attorney temporary admission to practice in this state. The tribunal shall not enter such an order until after it receives the Bar’s report.

(4) If a tribunal issues an order granting the foreign attorney temporary admission to practice in this state, the foreign attorney must file a copy of the order with the Bar within seven days.

(5) The foreign attorney must notify the Bar if the case is dismissed or closed prior to the tribunal granting or denying temporary admission.

(6) Within seven days of learning that they are no longer in good standing with any jurisdiction where licensed or temporarily admitted to practice, the foreign attorney must notify the Bar and the tribunal(s) in which the foreign attorney is temporarily admitted to practice under this rule.

(7) By seeking permission to appear under this rule, the foreign attorney consents to the jurisdiction of Michigan’s attorney disciplinary system.

(D) Duration and Scope of Temporary Admission.

(1) If the tribunal granting temporary admission to practice is a court, then the temporary admission continues for the entire case, including through all appeals, any remands, and any facilitation, mediation, or arbitration that may be ordered by a court.

(2) If the tribunal granting temporary admission to practice is an arbitrator or administrative agency, that tribunal may grant a foreign attorney temporary admission to practice only for the limited purpose of representing a party in the arbitration or administrative proceeding. If the arbitration or administrative proceeding results in a case or other proceeding before a court, then the foreign attorney must apply for temporary admission before the court.

(E) Revocation. The tribunal before whom a foreign attorney is practicing:

(1) may revoke the attorney’s temporary admission at any time for misconduct, or

(2) must revoke the attorney’s temporary admission upon receiving notice that the attorney is no longer in good standing under subrule (C)(6). If the tribunal revokes a foreign attorney’s temporary admission under this rule, the tribunal must immediately notify the foreign attorney, the Bar, the sponsoring attorney, the Attorney Grievance Commission, and the licensing authority in the state(s) in which the attorney is permanently licensed, of its decision.

(F) A Sponsoring Attorney.

(1) If a tribunal allows a sponsoring attorney to withdraw, another member of the Bar must appear as a sponsoring attorney with the foreign attorney. A sponsoring attorney must have the authority to conduct the case or proceeding if the foreign attorney does not or is unable to do so for any reason.

(2) After a foreign attorney is granted temporary admission to practice, a tribunal may waive the requirements under subrule (1).

(G) Distribution of SBM Fee. If a request for investigation is filed with the grievance administrator against a foreign attorney temporarily admitted to practice under this rule, the entire amount of the fee(s) paid to the Bar for the case(s) in which the allegations of misconduct arose must be transferred to the disciplinary system.

(H) Waiver. A foreign attorney is not required to associate with a sponsoring attorney, limited to the number of appearances to practice, or required to pay the fee to the Bar, if the foreign attorney establishes to the satisfaction of the tribunal in which the foreign attorney seeks to appear that:

(1) the foreign attorney appears for the limited purpose of participating in a child custody proceeding as defined by MCL 712B.3(b) in a Michigan court pursuant to the Michigan Indian Family Preservation Act, MCL 712B.1 et seq.; and

(2) the foreign attorney represents an Indian tribe as defined by MCL 712B.3; and

(3) the foreign attorney presents an affidavit from the Indian child’s tribe asserting the tribe’s intent to intervene and participate in the state court proceeding, and averring the child’s membership or eligibility for membership under tribal law; and

(4) the foreign attorney presents an affidavit that verifies:

(a) the jurisdiction(s) in which the foreign attorney is or has been licensed or has sought licensure;

(b) the jurisdiction(s) in which the foreign attorney is presently admitted and eligible to practiceand is in good standing in all jurisdictions where licensed;

(c) that the foreign attorney is not disbarred, suspended from the practice of law, nor the subject of any pending disciplinary action, in any jurisdiction; and

(d) that the foreign attorney is familiar with the Michigan Rules of Professional Conduct, the Michigan Rules of Evidence, and these rules.

(5) If the court in which the foreign attorney seeks to appear is satisfied that the foreign attorney has met the requirements in this subrule, the court shall enter an order authorizing the foreign attorney’s temporary admission.