Legislative Enactment Requires Out-of-State Attorneys to Register with OBA
By Gina Hendryx, OBA Ethics Counsel
Beginning Nov. 1, out of state attorneys must first register with the Oklahoma Bar Association before filing a motion for admission with an Oklahoma tribunal. The Registration of Out-of-State Attorneys Act, 5 O.S. 1.1 et.seq. (available at www.oscn.net) applies to court actions, proceedings before administrative agencies or governmental bodies, arbitration, mediation or alternative dispute resolution procedures that are court annexed, court ordered or mandated by statute or rule and to all services incident to any of these proceedings including discovery and settlement negotiations.
The act applies to all actions existing as of Nov. 1 and to actions filed after Nov 1. In either instance the out-of-state attorney will be required to do the following:
- file with the Oklahoma Bar Association an original and two copies of the verified application;
- attach a current certificate(s) of good standing from the highest admitting court of each state in which the applicant is admitted to practice;
- include a nonrefundable application fee of $350 made payable to the Oklahoma Bar Association.
Once the verified application, statement(s) of good standing, and fee have been received, the OBA will issue a “Certificate of Compliance” stating that the applicant has complied with the requirements of the statute and that the application has been granted. The certificate, application and statement(s) of good standing must be attached to the pleading seeking admission of the out of state attorney as an attorney of record in the cause pending before the Oklahoma tribunal.
Out-of-state attorneys who are counsel of record in cases pending on Nov. 1 will have 60 days to comply with the statute.
Complete instructions and forms are now available online or by contacting Gina Hendryx at (405) 416-7083 or firstname.lastname@example.org.
About the Author
Gina Hendryx is the ethics counsel for the Oklahoma Bar Association. Ms. Hendryx received her juris doctor and undergraduate degrees from Oklahoma City University and has spent the last 20 years working in both the private and nonprofit legal sectors. She is a frequent lecturer and contributor to continuing legal education programs on the subject of professional responsibility.
Originally published in the Oklahoma Bar Journal -- Feb.12, 2005 -- Vol. 76; No.6