Court considers necessary rule updates

(May 25, 2007) The Rules Committee of the Connecticut Superior Court is considering revisions to the Practice Book that will likely improve Connecticut’s business climate. Overall, CBIA is supportive of the proposed rule changes and specifically believes the committee must adopt the proposed change to Rule 5.5, the Unauthorized Practice of Law. 

The committee held a public hearing regarding their proposed rules changes earlier this week.  At the hearing, there was no opposition to the proposed change to Rule 5.5, the Unauthorized Practice of Law. However, there was testimony seeking some minor alterations to the proposed rule change. The Rules Committee is scheduled to vote on the proposed rules at their next meeting in June.

Proposed Rule 5.5 extends protections to in-house counsel who are not licensed to practice law in Connecticut but work here. Under the proposal, in-house counsel who are admitted and authorized to practice law in another U.S. jurisdiction can not be deemed unauthorized to practice law in Connecticut.

Currently, the rules of the Superior Court do not offer protection against claims of unauthorized practice of law for in-house counsel who are not admitted to practice law in Connecticut.  The only protections given to in-house counsel who are not admitted to practice law in Connecticut is given by law through the legislature as opposed to through rule by the judicial branch.

It is time for Connecticut’s Superior Court rules to join those in nearly 80% of other states by requiring only that an in-house counsel be licensed in a U.S. jurisdiction.

Connecticut’s current rule contributes to the possibility that Connecticut will be viewed as inhospitable to interstate businesses. Moreover, large enterprises located in Connecticut, particularly global ones, need the ability to obtain in-house legal services at the operational and headquarter levels within this state about issues that arise in other states or nations and have little or nothing to do with Connecticut law.

The proposed change to Rule 5.5 is important to Connecticut businesses because it provides them the needed geographic flexibility they need to recruit, develop and assign attorneys to meet global needs.

CBIA encourages the Superior Court Rules Committee to adopt the proposed change to Rule 5.5, the Unauthorized Practice of Law. This change will make Connecticut a better place to do business by protecting in-house counsel via the Superior Court Rules.

For more information regarding in-house counsel issues or the proposed Superior Court Rule changes, please contact Kevin Hennessy at 860-244-1979 or hennessk@cbia.com.

CBIA Action Center

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