What happens to the attorney-client privilege when in-house counsel provide legal services in states other than where they are licensed, or when in-house counsel are foreign-licensed attorneys? Do communications remain privileged? The best answer is: perhaps. Here is why.
Domestic and Foreign License and Registration
In-house counsel licensed in a state other than where they practice also must register in the state in which they currently practice, even if their employers have a national presence. Under the recently amended ABA Model Rule of Professional Conduct 5.5(d), which addresses the unauthorized practice of law and multijurisdictional practice, qualified lawyers who are providing legal services solely as in-house counsel, and who are admitted in different states than the states in which they are practicing, may apply for limited and regulated practice authorization.
