Rule 31.18 - Licensing and practice of foreign legal consultants(1)General regulation as to licensing. In its discretion, the supreme court may license to practice in the State of Iowa as a foreign legal consultant, without examination, an applicant who: a. Is, and for at least five years has been, a member in good standing of a recognized legal profession in a foreign country, the members of which are admitted to practice as lawyers or counselors at law or the equivalent and are subject to effective regulation and discipline by a duly constituted professional body or a public authority.b. For at least five years preceding his or her application has been a member in good standing of such legal profession and has been lawfully engaged in the practice of law in the foreign country or elsewhere substantially involving or relating to the rendering of advice or the provision of legal services concerning the law of the foreign country.c. Possesses the good moral character and general fitness requisite for a member of the bar of this state.d. Intends to practice as a foreign legal consultant in this state and to maintain an office in this state for that purpose.(2)Application and fee.a. The applicant must file an application for a foreign legal consultant license with the National Conference of Bar Examiners through its online character and fitness application process, unless an exception is granted by the office of professional regulation. The applicant must pay the investigative fee required by the National Conference of Bar Examiners at the time of filing the application.b. In addition, the applicant must file the following documents and fee with the office of professional regulation: (1) A certificate from the professional body or public authority having final jurisdiction over professional discipline in the foreign country in which the applicant is admitted, certifying the applicant's admission to practice, date of admission, and good standing as a lawyer or counselor at law or the equivalent, and certifying that the applicant has not been disciplined and no charges of professional misconduct are pending or identifying any disciplinary sanctions that have been imposed upon the applicant or any pending charges, complaints, or grievances.(2) A letter of recommendation from one of the members of the executive body of such professional body or public authority or from one of the judges of the highest law court or court of original jurisdiction in the foreign country in which the applicant is admitted.(3) Duly authenticated English translations of the certificate required by rule 31.18(2) (b)(1) and the letter required by rule 31.18(2) (b)(2) if they are not in English.(4) The requisite documentation establishing the applicant's compliance with the immigration laws of the United States.(5) Other evidence as the supreme court may require regarding the applicant's educational and professional qualifications, good moral character and general fitness, and compliance with the requirements of rule 31.18(1).(6) An administrative fee of $800 payable to the office of professional regulation at the time the application is filed.(3)Scope of practice. Aperson licensed to practice as a foreign legal consultant under this rule may render legal services in this state but will not be considered admitted to practice law here, may not in any way hold himself or herself out as a member of the bar of this state, and may not do any of the following: a. Appear as a lawyer on behalf of another person in any court or before any magistrate or other judicial officer in this state, except when admitted pro hac vice pursuant to Iowa rule 31.14.b. Prepare any instrument effecting the transfer or registration of title to real estate located in the United States of America.c. Prepare: (1) Any will or trust instrument effecting the disposition on death of any property located in the United States of America and owned by a resident thereof.(2) Any instrument relating to the administration of a decedent's estate in the United States of America.d. Prepare any instrument in respect of the marital or parental relations, rights, or duties of a resident of the United States of America, or the custody or care of the children of such a resident.e. Render professional legal advice on the law of this state or of the United States of America, whether rendered incident to the preparation of legal instruments or otherwise.f. Carry on a practice under, or utilize in connection with such practice, any name, title, or designation other than one or more of the following: (1) The foreign legal consultant's own name.(2) The name of the law firm with which the foreign legal consultant is affiliated.(3) The foreign legal consultant's authorized title in the foreign country of his or her admission to practice, which may be used in conjunction with the name of that country.(4) The title "foreign legal consultant," which may be used in conjunction with the words "admitted to the practice of law in [name of the foreign country of his or her admission to practice]."(4)Rights and obligations.Subject to the limitations listed in rule 31.18(3), a person licensed under this rule will be considered a foreign legal consultant affiliated with the bar of this state and will be entitled and subject to: a. The rights and obligations set forth in the Iowa Rules of Professional Conduct or arising from the other conditions and requirements that apply to a member of the bar of this state under the Iowa Court Rules.b. The rights and obligations of a member of the bar of this state with respect to: (1) Affiliation in the same law firm with one or more members of the bar of this state, including by: 1. Employing one or more members of the bar of this state.2. Being employed by one or more members of the bar of this state or by any partnership or professional corporation that includes members of the bar of this state or that maintains an office in this state.3. Being a partner in any partnership or shareholder in any professional corporation that includes members of the bar of this state or that maintains an office in this state.(2) Attorney-client privilege, work-product privilege, and similar professional privileges.(5)Discipline. A person licensed to practice as a foreign legal consultant under this rule will be subject to professional discipline in the same manner and to the same extent as members of the bar of this state. To this end: a. Every person licensed to practice as a foreign legal consultant under this rule: (1) Will be subject to the jurisdiction of the supreme court and the Iowa Supreme Court Attorney Disciplinary Board and to reprimand, suspension, removal, or revocation of his or her license to practice by the supreme court and will otherwise be governed by the Iowa Rules of Professional Conduct and the Iowa Court Rules.(2) Must execute and file with the clerk of the supreme court, in the form and manner as the court may prescribe:1. A commitment to observe the Iowa Rules of Professional Conduct and the Iowa Court Rules to the extent applicable to the legal services authorized under rule 31.18(3);2. A written undertaking to notify the court of any change in the foreign legal consultant's good standing as a member of the foreign legal profession referred to in rule 31.18(1) (a) and of any final action of the professional body or public authority referred to in rule 31.18(2) (b)(1) imposing any disciplinary reprimand, suspension, or other sanction upon the foreign legal consultant.3. A duly acknowledged instrument in writing, providing the foreign legal consultant's address in this state and designating the clerk of the supreme court as his or her agent for service of process. The foreign legal consultant must keep the office of professional regulation advised in writing of any changes of address in this jurisdiction. In any action or proceeding brought against the foreign legal consultant and arising out of or based upon any legal services rendered or offered to be rendered by the foreign legal consultant within this state or to residents of this state, service will first be attempted upon the foreign legal consultant at the most recent address filed with the clerk. Whenever after due diligence service cannot be made upon the foreign legal consultant at that address, service may be made upon the clerk. Service made upon the clerk in accordance with this provision is effective as if service had been made personally upon the foreign legal consultant.b. Service of process on the clerk under rule 31.18(5) (a)(2)(3) must be made by personally delivering to the clerk's office, and leaving with the clerk, or with a deputy or assistant authorized by the clerk to receive service, duplicate copies of the process. The clerk must promptly send one copy of the process to the foreign legal consultant to whom the process is directed, by certified mail, return receipt requested, addressed to the foreign legal consultant at the most recent address provided in accordance with rule 31.18(5) (a)(2)(3).(6)Required fees and annual statements.A person licensed as a foreign legal consultant must pay a $200 registration fee to the Client Security Commission. The person licensed under this rule must file an annual statement and pay the annual disciplinary fee as required by Iowa Court Rules 39.5 and 39.8.(7)Revocation of license. If the supreme court determines that a person licensed as a foreign legal consultant under this rule no longer meets the requirements for licensure set forth in rule 31.18(1) (a) or (b), it will revoke the foreign legal consultant's license.(8)Admission to bar. If a person licensed as a foreign legal consultant under this rule is subsequently admitted as a member of the bar of this state under the rules governing admission, that person's foreign legal consultant license will be deemed superseded by the license to practice law as a member of the bar of this state. Court Order June 3, 2009; January 19, 2010; August 21, 2013; September 14, 2017, effective 11/2/2017; 12/13/2017, effective 1/1/2018.