Doing legal business in California

Regulation of the legal profession

The legal profession in California is regulated by the Business & Professions Code Div. 3 – Professions and Vocations Generally, Ch. 4 – Attorneys (Bus. & Prof. Code §§ 6000 et seq.), more usually known as the State Bar Act.

The California State Bar is an arm of the Supreme Court of California. It is a mandatory bar association with over 270,000 members.

Its responsibilities include:

• licensing attorneys and regulating the profession and practice of law in California
• enforcing Rules of Professional Conduct for attorneys
• disciplining attorneys who violate rules and laws
• administering the California Bar Exam
• advancing access to justice
• promoting diversity and inclusion in the legal system

In 2018, California Senate Bill 36 separated the regulatory, disciplinary and admissions functions of the California Bar.

The education, associational and advocacy activities were taken up by the voluntary California Lawyers Association.

Temporary practice

California does not allow foreign lawyers to practise temporarily without first registering as a foreign legal consultant (FLC).

A solicitor who is qualified in another US jurisdiction can practise temporarily in California without registering with the state bar under the California Rules of Court.

Read the rules for litigating attorneys temporarily practising in California.

Read the rules for nonlitigating attorneys temporarily practising in California.

Since 2018, California has allowed foreign qualified lawyers to represent parties in arbitrations seated in the state.

Foreign legal consultant (FLC) status

Solicitors seeking to practise in California can register as a FLC. This applies to practising on a temporary or permanent (long-term) basis.

To obtain FLC status, you must:

• have an active licence
• have been in good standing to practise law in a foreign country for at least four out of the last six years
• have experience practising the law of the country in which you are admitted
• register as a foreign attorney applicant with the State Bar’s Office of Admissions in the Applicant Portal, and
• submit an application for determination of moral character in the Applicant Portal

FLCs may only provide legal advice regarding the law of the foreign jurisdiction where they are licensed.

FLCs are not allowed to provide legal advice on the law of the State of California or any other US jurisdiction.

FLCs must provide the State Bar with an “address of record” in California. This does not necessarily require residency. They must also provide evidence of security for claims such as an acceptable insurance policy.

Find out more about registering for FLC status.

Foreign lawyers may employ, be employed by or partner with local lawyers. This is part of the US’s World Trade Organisation commitments.

California’s regulations specifically note that attorney-client privilege applies to FLCs.

Requalification

California does not have educational requirements for foreign lawyers wishing to take the bar exam. This makes it unique among US states.

UK lawyers can take the California bar exam without having to complete any additional legal education. This includes those who do not have a law degree.

California has not adopted the Universal Bar Exam (UBE).

To requalify, foreign lawyers must pass the California Bar Exam.

This consists of the General Bar Exam, which includes the Multistate Bar Exam, and the Attorneys’ Exam.

In addition to passing the California Bar Exam, UK lawyers seeking to requalify in California must also:

• obtain a positive moral character determination
• pass the Multistate Professional Responsibility Examination (MPRE)
• comply with any California court order for child or family support

Establishing a law firm

The State of California has no special licensing procedures for foreign law firms, but all LLPs or law corporations must register with the State Bar. This can be a difficult process.

Otherwise, firms are not licensed.

Foreign firms are represented in California. There are representative offices of a number of English firms established in Los Angeles, San Francisco and Silicon Valley.

Other English firms are represented through the US arms of their Swiss vereins.

Foreign lawyers may employ, be employed by, or partner with US attorneys. This is part of the US’s Word Trade Organisation commitments.