Rule 4-5.5 — Unlicensed Practice of Law; Multijurisdictional Practice of Law

Comment (verbatim from The Florida Bar)

Subdivision (a) applies to unlicensed practice of law by a
lawyer, whether through the lawyer’s direct action or by the lawyer

assisting another person. A lawyer may practice law only in a
jurisdiction in which the lawyer is authorized to practice. A lawyer
may be admitted to practice law in a jurisdiction on a regular basis
or may be authorized by court rule or order or by law to practice for
a limited purpose or on a restricted basis. Regardless of whether
the lawyer is admitted to practice law on a regular basis or is
practicing as the result of an authorization granted by court rule or
order or by the law, the lawyer must comply with the standards of
ethical and professional conduct set forth in these Rules Regulating
the Florida Bar.
The definition of the practice of law is established by law and
varies from one jurisdiction to another. Whatever the definition,
limiting the practice of law to members of the bar protects the
public against rendition of legal services by unqualified persons.
This rule does not prohibit a lawyer from employing the services of
paraprofessionals and delegating functions to them, so long as the
lawyer supervises the delegated work and retains responsibility for
their work. See rule 4-5.3. Likewise, it does not prohibit lawyers
from providing professional advice and instruction to nonlawyers
whose employment requires knowledge of law; for example, claims
adjusters, employees of financial or commercial institutions, social
workers, accountants, and persons employed in government
agencies. In addition, a lawyer may counsel nonlawyers who wish
to proceed pro se.
Other than as authorized by law, a lawyer who is not admitted
to practice in Florida violates subdivision (b) if the lawyer
establishes an office or other regular presence in Florida for the
practice of law. This prohibition includes establishing an office or
other regular presence in Florida for the practice of the law of the
state where the lawyer is admitted to practice. For example, a
lawyer licensed to practice law in New York could not establish an
office or regular presence in Florida to practice New York law. That
activity would constitute the unlicensed practice of law. However,
for purposes of this rule, a lawyer licensed in another jurisdiction
who is in Florida for vacation or for a limited period of time, may
provide services to their clients in the jurisdiction where admitted
as this does not constitute a regular presence. The lawyer must not

hold out to the public or otherwise represent that the lawyer is
admitted to practice law in Florida. Presence may be regular even if
the lawyer is not physically present here. For purposes of this rule,
a lawyer licensed in another United States jurisdiction does not
have a regular presence in Florida for the practice of law when the
lawyer works remotely while physically located in Florida for an
extended period of time if the lawyer works exclusively on non-
Florida matters, and neither the lawyer nor any firm employing the
lawyer holds out to the public as having a Florida presence. See
Fla. Bar re Advisory Opinion—Out-of-State Att’y Working Remotely
from Fla. Home, 318 So. 3d 538 (Fla. 2021).
Subdivision (b) also prohibits a lawyer who is not admitted to
practice in Florida from appearing in a Florida court, before an
administrative agency, or before any other tribunal in Florida
unless the lawyer has been granted permission to do so. In order to
be granted the permission, the lawyer must follow the applicable
rules of the court, agency, or tribunal including, without limitation,
the Florida Rules of General Practice and Judicial Administration
governing appearance by foreign lawyers. While admission by the
Florida court or administrative agency for the particular case
authorizes the lawyer’s appearance in the matter, it does not act as
authorization to allow the establishment of an office in Florida for
the practice of law. Therefore, a lawyer licensed in another
jurisdiction admitted in a case in Florida may not establish an office
in Florida while the case is pending and the lawyer is working on
the case.
There are occasions in which a lawyer admitted and
authorized to practice in another United States jurisdiction or in a
non-United States jurisdiction may provide legal services on a
temporary basis in Florida under circumstances that do not create
an unreasonable risk to the interests of the lawyer’s clients, the
public, or the courts. Subdivisions (c) and (d) identify these
circumstances. As discussed with regard to subdivision (b) above,
this rule does not authorize a lawyer to establish an office or other
regular presence in Florida without being admitted to practice
generally in Florida. Furthermore, no lawyer is authorized to
provide legal services under this rule if the lawyer is disbarred or

suspended from practice in any jurisdiction or has been disciplined
or held in contempt in Florida by reason of misconduct committed
while engaged in the practice of law permitted under this rule. The
contempt must be final and not reversed or abated.
There is no single test to determine whether a lawyer’s services
are provided on a “temporary basis” in Florida and may therefore be
permissible under subdivision (c). Services may be “temporary”
even though the lawyer provides services in Florida on a recurring
basis or for an extended period of time, as when the lawyer is
representing a client in a single lengthy negotiation or litigation.
Subdivision (c) applies to lawyers who are admitted to practice
law in any United States jurisdiction, which includes the District of
Columbia and any state, territory, or commonwealth of the United
States. The word “admitted” in subdivision (c) contemplates that
the lawyer is authorized to practice in the jurisdiction in which the
lawyer is admitted and excludes a lawyer who while technically
admitted is not authorized to practice because, for example, the
lawyer is on inactive status. Subdivision (d) applies to lawyers who
are admitted to practice law in a non-United States jurisdiction if
the lawyer is a member in good standing of a recognized legal
profession in a foreign jurisdiction, the members of which are
admitted to practice as lawyers or counselors at law or the
equivalent and subject to effective regulation and discipline by a
duly constituted professional body or a public authority. Due to the
similarities between the subdivisions, they will be discussed
together. Differences will be noted.
Subdivisions (c)(1) and (d)(1) recognize that the interests of
clients and the public are protected if a lawyer admitted only in
another jurisdiction associates with a lawyer licensed to practice in
Florida. For these subdivisions to apply, the lawyer admitted to
practice in Florida could not serve merely as a conduit for the out-
of-state lawyer, but would have to share actual responsibility for the
representation and actively participate in the representation. To the
extent that a court rule or other law of Florida requires a lawyer
who is not admitted to practice in Florida to obtain admission pro
hac vice before appearing in court or before a tribunal or to obtain
admission under applicable rules before appearing before an

administrative agency, this rule requires the lawyer to obtain that
authority.
Lawyers not admitted to practice generally in Florida may be
authorized by law or order of a tribunal or an administrative agency
to appear before the tribunal or agency. This authority may be
granted under formal rules governing admission pro hac vice or
formal rules of the agency. Under subdivision (c)(2), a lawyer does
not violate this rule when the lawyer appears before a tribunal or
agency under this authority. As with subdivisions (c)(1) and (d)(1),
to the extent that a court rule or other law of Florida requires a
lawyer who is not admitted to practice in Florida to obtain
admission pro hac vice prior to appearing in court or before a
tribunal or to obtain admission under applicable rules before
appearing before an administrative agency, this rule requires the
lawyer to obtain that authority.
Subdivision (c)(2) also provides that a lawyer rendering
services in Florida on a temporary basis does not violate this rule
when the lawyer engages in conduct in anticipation of a proceeding
or hearing in a jurisdiction in which the lawyer is authorized to
practice law or in which the lawyer reasonably expects to be
admitted pro hac vice. Examples of this conduct include meetings
with the client, interviews of potential witnesses, and the review of
documents. Similarly, a lawyer admitted only in another
jurisdiction may engage in conduct temporarily in Florida in
connection with pending litigation in another jurisdiction in which
the lawyer is or reasonably expects to be authorized to appear,
including taking depositions in Florida.
Subdivision (d)(2) is similar to subdivision (c)(2), however, the
authorization in (d)(2) only applies to pending or potential
proceedings before a tribunal to be held outside of the United
States.
Subdivisions (c)(3) and (d)(3) permit a lawyer admitted to
practice law in another jurisdiction to perform services on a
temporary basis in Florida if those services are in, or reasonably
related to, a pending or potential arbitration, mediation, or other
alternative dispute resolution proceeding in this or another

jurisdiction, if the services are performed for a client who resides in
or has an office in the lawyer’s home state, or if the services arise
out of or are reasonably related to the lawyer’s practice in a
jurisdiction in which the lawyer is admitted to practice. The lawyer,
however, must obtain admission pro hac vice in the case of a court-
annexed arbitration or mediation if court rules or law so require.
The lawyer must file a verified statement with The Florida Bar in
arbitration proceedings as required by rule 1-3.11, unless the
lawyer is appearing in an international arbitration as defined in the
comment to that rule. A verified statement is not required if the
lawyer first obtained the court’s permission to appear pro hac vice
and the court has retained jurisdiction over the matter. For
purposes of this rule, a lawyer who is not admitted to practice law
in Florida who files more than 3 demands for arbitration or
responses to arbitration in separate arbitration proceedings in a
365-day period is presumed to be providing legal services on a
regular, not temporary, basis; however, this presumption does not
apply to a lawyer appearing in international arbitrations as defined
in the comment to rule 1-3.11.
Subdivision (c)(4) permits a lawyer admitted in another
jurisdiction to provide certain legal services on a temporary basis in
Florida that are performed for a client who resides or has an office
in the jurisdiction in which the lawyer is authorized to practice or
arise out of or are reasonably related to the lawyer’s practice in a
jurisdiction in which the lawyer is admitted, but are not within
subdivisions (c)(2) or (c)(3). These services include both legal
services and services that nonlawyers may perform but that are
considered the practice of law when performed by lawyers. When
performing services which may be performed by nonlawyers, the
lawyer remains subject to the Rules of Professional Conduct.
Subdivisions (c)(3), (d)(3), and (c)(4) require that the services
arise out of or be reasonably related to the lawyer’s practice in a
jurisdiction in which the lawyer is admitted. A variety of factors
evidence this relationship. The lawyer’s client may have been
previously represented by the lawyer, or may be resident in or have
substantial contacts with the jurisdiction in which the lawyer is
admitted. The matter, although involving other jurisdictions, may

have a significant connection with that jurisdiction. In other cases,
significant aspects of the lawyer’s work might be conducted in that
jurisdiction or a significant aspect of the matter may involve the law
of that jurisdiction. The necessary relationship might arise when
the client’s activities or the legal issues involve multiple
jurisdictions, for example when the officers of a multinational
corporation survey potential business sites and seek the services of
their lawyer in assessing the relative merits of each. In addition,
the services may draw on the lawyer’s recognized expertise
developed through regular practice of law in a body of law that is
applicable to the client’s particular matter.
Subdivision (d)(4) permits a lawyer admitted in a non-United
States jurisdiction to provide certain services on a temporary basis
in Florida that are performed for a client who resides in or has an
office in the jurisdiction where the lawyer is authorized to practice
or arise out of or are reasonably related to a matter that has a
substantial connection to a jurisdiction in which the lawyer is
authorized to practice to the extent of that authorization but are not
within subdivisions (d)(2) and (d)(3). The scope of the work the
lawyer could perform under this provision would be limited to the
services the lawyer may perform in the authorizing jurisdiction. For
example, if a German lawyer came to the United States to negotiate
on behalf of a client in Germany, the lawyer would be authorized to
provide only those services that the lawyer is authorized to provide
for that client in Germany. Subdivision (d)(5) permits a lawyer
admitted in a non-United States jurisdiction to provide services in
Florida that are governed primarily by international law or the law
of a non-United States jurisdiction in which the lawyer is a
member.
A lawyer who practices law in Florida under subdivisions (c),
(d), or otherwise is subject to the disciplinary authority of Florida.
A lawyer who practices law in Florida under subdivision (c) must
inform the client that the lawyer is not licensed to practice law in
Florida.
The Supreme Court of Florida has determined that it
constitutes the unlicensed practice of law for a lawyer admitted to
practice law in a jurisdiction other than Florida to advertise to

provide legal services in Florida which the lawyer is not authorized
to provide. The rule was adopted in 820 So. 2d 210 (Fla. 2002).
The court first stated the proposition in 762 So. 2d 392, 394 (Fla.
1999). Subdivisions (c) and (d) do not authorize advertising legal
services in Florida by lawyers who are admitted to practice in
jurisdictions other than Florida. Whether and how lawyers may
communicate the availability of their services in Florida is governed
by subchapter 4-7.
A lawyer who practices law in Florida is subject to the
disciplinary authority of Florida.
Amended July 23, 1992, effective January 1, 1993 (605 So.2d 252);
amended May 12, 2005, effective September 14, 2006 (907 So.2d 1138);
amended September 11, 2008, effective January 1, 2009 (991 So.2d 842);
amended April 12, 2012, effective July 1, 2012 (101 So.3d 807); amended
May 21, 2015, corrected June 25, 2015, effective October 1, 2015 (164
So.3d 1217); amended and effective February 17, 2022 (SC21-1379).