Skip to main content

Rule XVI Admission on Motion

Rule Text

1. An applicant who meets the requirements of (a) through (h) of this rule may, upon motion, be admitted to the practice of law in this jurisdiction. The applicant shall:

(a) have been admitted to practice law in another state, territory, or the District of Columbia;

(b) hold a first professional degree in law (J.D. or LL.B.) from a law school approved by the American Bar Association at the time the degree was conferred;

(c) have been primarily engaged in the active practice of law in one or more states, territories or the District of Columbia for three of the five years immediately preceding the date upon which the application is filed;

(d) establish that the state, territory, or the District of Columbia in which the applicant has or had his or her principal place of business for the practice of law, for the two year period immediately preceding establishment of permanent residence in this State or filing application under this rule, would allow attorneys from this State a similar accommodation as set forth in this rule; however, applicants who have been on continuous active military duty for three of the five years mentioned in (c) above may, in the discretion of the Board, be excused from the two year requirement of this rule; establish that the applicant is currently a member in good standing in all jurisdictions where admitted;

(e) establish that the applicant is currently a member in good standing in all jurisdictions where admitted;

(f) establish that the applicant is not currently subject to lawyer discipline or the subject of a pending disciplinary matter in any other jurisdiction;

(g) establish that the applicant possesses the character and fitness to practice law as set out in Rule XIII of these rules; and

(h) pay a fee as may be set by this Court. 2. For the purposes of this rule, the ‘active practice of law’ shall include the following activities, if performed in a jurisdiction in which the applicant is admitted, or if performed in a jurisdiction that affirmatively permits such activity by a lawyer not admitted to practice; however, in no event shall activities listed under (2)(e) and (f) that were performed within Arkansas in advance of bar admission here, be accepted toward the durational requirement:

(a) Representation of one or more clients in the practice of law;

(b) Service as a lawyer with a local, state, territorial or federal agency, including military service;

(c) Teaching law at a law school approved by the American Bar Association;

(d) Service as a judge in a federal, state, territorial or local court of record;

(f) Service as a judicial law clerk; or,

Service as corporate counsel. 3. For the purposes of this rule, the active practice of law shall not include work that, as undertaken, constituted the unauthorized practice of law in the jurisdiction in which it was performed or in the jurisdiction in which the clients receiving the unauthorized services were located. 4. An applicant who has failed a bar examination administered in Arkansas within five years of the date of filing an application under this rule shall not be eligible for admission on motion. 5. Proceedings under this rule shall be governed by the relevant provisions of Rule XIII of these rules. Further, the applicant must complete the Petition and Oath and file same with the Clerk of the Supreme Court along with all required fees within one year of the date of certification of eligibility for admission. Failure to do so will extinguish the application and forfeit the fee and the applicant will be required to file a new application and pay another fee if the applicant wishes to proceed to secure admission. 6. Upon request of the Executive Secretary, where an application has been pending for more than one year, the Board may cancel the pending application, after appropriate notice to the applicant, and forfeit the fee and require the applicant to submit a new application and pay another fee in order to proceed.

Amendment history: HISTORY (Adopted by Per Curiam February 26, 2004, effective October 1, 2004; amended by Per Curiam, November 15, 2007; amended by Per Curiam, May 29, 2008; amended by Per Curiam October 9, 2008; amended and effective by Per Curiam, February 27, 2020 (XVI(c) and (d)); amended and effective December 3, 2020. RULE XVII. MILITARY SPOUSE TEMPORARY ADMISSION A. An applicant who meets the requirements of this Rule may, upon motion, be admitted to the temporary practice of law in this jurisdiction. The Applicant shall: (1) Have been admitted to practice law in another jurisdiction in the United States or territory; (2) Establish that the applicant satisfies the educational requirements of Rule XII of these Rules. (3) Establish that the Applicant is not currently subject to lawyer discipline or the subject of a pending disciplinary matter in any other jurisdiction; (4) Submit evidence that the Applicant is a dependent spouse of a service member of the United States Uniformed Services as defined by the Department of Defense; (5) Submit evidence that the service member is on full time, active duty pursuant to military orders in the State of Arkansas or a member of the National Guard or Reserve, based in a jurisdiction other than Arkansas, who is under a call to active service authorized by the President or Secretary of Defense, and the National Guard member is, or will be, stationed in Arkansas due to military orders; (6) Submit evidence that the Applicant is residing in Arkansas due to the service member’s full time, active duty pursuant to military orders in this state; (7) Not have failed the Arkansas bar examination within five years of the date of filing an application under this rule; (8) Not have been previously denied admission to the practice of law in Arkansas; and (9) Agree to advise all clients, prior to providing representation of services, that the attorney is temporarily admitted under the military-spouse exception. B. Filing Requirements. An applicant under this rule shall file an application for military-spouse certification. An applicant under this rule shall: (1) Demonstrate presence in Arkansas as a spouse of a service member by filing a copy of the certification of legal relationship, such as a marriage or civil union license, and a copy of the service member’s military orders reflecting a permanent change of station to a military installation in Arkansas; (2) Certify that the applicant has read and is familiar with the Arkansas Rules of Professional Conduct; (3) Provide the Board of Law Examiners with a certificate of good standing from all courts and jurisdictions in which the attorney is admitted to practice; (4) Pay a fee as set by the Board of Law Examiners; and (5) Provide such other information as may be required by the Board of Law Examiners to determine the applicant’s eligibility for temporary admission under these Rules. C. Duration. A temporary admission shall terminate, and an attorney shall cease the practice of law in Arkansas 24 months from the date of admission. Additionally, the temporary admission shall terminate, pursuant to that admission, unless otherwise authorized by these rules, thirty (30) days after any of the following events: (1) The service member’s separation or retirement from the United States Uniformed Services; (2) The service member’s permanent relocation to another jurisdiction, unless the service member’s immediately subsequent assignment specifies that the Department of Defense does not authorize dependents to accompany the service member, in which case the temporary attorney may continue to practice law in Arkansas as provided in this rule; (3) The attorney’s permanent relocation outside the state of Arkansas for reasons other than the service member’s relocation; (4) The attorney’s ceasing to be a dependent as defined by the Department of Defense; (5) The attorney’s failure to meet the annual licensing requirements for an active attorney licensed to practice law in Arkansas, including any and all continuing legal education requirements; (6) The attorney’s request; (7) The attorney’s admission to practice law in Arkansas under any other admissions rule; or (8) Notice by the Supreme Court at any time. D. Notice of Termination. An attorney whose temporary admission is terminated shall provide written notice to the Arkansas State Board of Law Examiners within thirty (30) days of the terminating event. At least sixty (60) days before termination of the temporary admission, under this rule or as soon as possible under the circumstances, the attorney shall: (a) File in each matter pending before any court or tribunal a notice that the attorney will no longer be involved in the case; and (b) Provide written notice to all clients receiving representation from the attorney that the attorney will no longer represent them. E. Benefits and Responsibilities of Temporary Admission. An attorney temporarily admitted under this rule shall be entitled to the benefits and responsibilities of active attorneys in the State of Arkansas and shall be subject to the jurisdiction of the Supreme Court and the Supreme Court Committee on Professional Conduct with respect to the laws and rules of this state governing the conduct and discipline of attorneys to the same extent as an active attorney licensed by the Supreme Court to practice law in Arkansas. HISTORY Adopted and effective March 7, 2019; section (A)(5) amended and effective October 29, 2020.