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Navigating the intricacies of legal practice in California necessitates understanding the multifaceted requirements set by the State Bar of California, especially for out-of-state attorneys aspiring to serve as in-house counsel within the state's borders. One critical step in this journey involves submitting the California Application for Registered In-House Counsel (RIHC). Located at the heart of Los Angeles, the State Bar of California’s Office of Admissions oversees the Multijurisdictional Practice (MJP) Program, which facilitates this application process. The form demands thorough documentation from applicants, including personal and employment details, declarations of good standing in other jurisdictions, and compliance with California's ethical and professional standards. It also requires an affirmation from the employing institution, attesting to both the necessity of the applicant’s role and their moral character. Additionally, applicants face a financial obligation, comprising a hefty application fee alongside a separate fee for moral character determination. This meticulous process underscores California's dedication to upholding the highest standards of legal practice within its domain, ensuring that attorneys serving in-house are fully equipped and ethically aligned with state regulations and expectations.

Document Preview Example

The State Bar of California

Office of Admissions – MJP Program

845 S. Figueroa Street, Los Angeles, CA 90017-2515 (213) 765-1500

Out-of-State Attorney Registered In-House Counsel Program Application

You must register as an Attorney Applicant with the State Bar’s Office of Admissions prior to submitting this application.

FOR OFFICIAL USE ONLY

$_______

No Payment

9.46

ID #: ___________________________

File #: __________________________

Registrant Information:

Type or Print Clearly

Last Name:

 

First Name:

 

Middle Name:

Date of Employment as an In-House Counsel:

Employer (Institution): *Address:

City:

 

 

 

 

State:

 

Zip:

 

Phone:

 

Fax:

 

 

E-mail:

 

 

 

Date of Birth:

 

 

 

Place of Birth:

 

 

 

Undergraduate School:

 

 

 

 

City, State:

 

 

 

Law School:

 

 

 

 

City, State:

 

 

 

*As a registered In-House Counsel, your address of record is public information subject to disclosure upon request and also posted on the State Bar’s Web site. List your employer’s California office address.

Employer Contact:

Phone:Fax:E-mail:

Application Attachments:

A: Attorney Declaration

B: Declaration of Qualifying Institution

C: Admissions/Standing List

The Determination of Moral Character (MC) application must be completed and paid for online. A printed hard copy of the online MC application must be submitted with the MJP application.

$635 Application Fee

Current original Certificate of Good Standing from all out-of-state jurisdictions.

RIHC Application 2017_R

Page 1 of 4

Acceptable forms of payment: credit card authorization form, cashier’s check, travelers’ check or money order made payable to “State Bar of California.”

Personal checks will not be accepted.

MAIL TO:

The State Bar of California

Office of Admissions

MJP Program

845 S. Figueroa Street

Los Angeles, CA 90017-2515

The State Bar of California

Office of Admissions – MJP Program

845 S. Figueroa Street, Los Angeles, CA 90017-2515 (213) 765-1500

Out-of-State Attorney Registered In-House Counsel Program Application

Attachment A – Attorney Declaration

a.I am currently a member in good standing of and eligible to practice law in at least one jurisdiction in the United States.

b.I am not suspended, disbarred or resigned with charges pending from any professional occupational disciplinary agency or licensing board.

c.I agree to be subject to the disciplinary authority of The Supreme Court of California and The State Bar of California with respect to the law of The State of California governing the conduct of attorneys, to the same extent as a member of The State Bar of California.

d.As Registered In-House Counsel, I will practice law for a SINGLE Qualifying Institution in California which employs me.

e.I understand that I may qualify to simultaneously practice law under the Registered Legal Services Attorney Program.

f.I currently reside in California.

g.I will not provide personal or individual representation to any customers, shareholders, owners, partners, officers, employees, servants, or agents of the Qualifying Institution.

h.I will not make court appearances in California state courts or engage in any other activities for which Pro Hac Vice admission is required.

i.I agree that in my first year of practice under the Registered In-House Counsel Program, I will satisfy all of the Minimum Continuing Legal Education requirements that members of The State Bar of California must complete every 3 years and thereafter satisfy the Minimum Continuing Legal Education Requirements applicable to all members of The State Bar of California.

j.I will notify The State Bar of California in writing within 30 days of a change in any information provided in my application, including my address, employment at a qualifying institution, or eligibility to practice law in another jurisdiction. Eligibility would be changed by a suspension, resignation with or without charges pending, disbarment, or its functional equivalent.

k.I will provide The State Bar of California with a forwarding address to which any notices or papers may be mailed within 30 days of cessation of employment by the Qualifying Institution.

l.I am aware that filing a certificate containing false information or otherwise failing to comply with the standards of professional conduct required of members of The State Bar of California or the rules governing Registered In-House Counsel will subject me to the disciplinary jurisdiction of The State Bar of California.

I declare under penalty of perjury under the laws of The State of California that the foregoing application and any attachments to it are true and correct.

Date:

 

Print Name:

 

 

Signature:

RIHC Application 2017_R

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The State Bar of California

Office of Admissions – MJP Program

845 S. Figueroa Street, Los Angeles, CA 90017-2515 (213) 765-1500

Out-of-State Attorney Registered In-House Counsel Program Application Attachment B – Declaration of Qualifying Institution

Eligibility Status: Type or Print Clearly

I am a(n):

Officer

of Institution Name:

Director

General Counsel

Name (Individual Referenced Above):

 

 

 

 

 

Title:

 

Address:

 

 

 

 

 

 

 

 

 

 

 

 

City:

 

 

 

 

 

State:

 

 

 

Zip:

 

Phone:

 

Fax:

 

 

E-mail:

 

 

 

 

Applicant Name:

 

 

 

 

is employed as In-House Counsel for the

institution reference above.

 

 

 

 

 

 

 

 

 

 

 

The Effective Date of Applicant’s Employment:

Employer Contact:

Phone:Fax:E-mail:

The institution referenced above is a Qualifying Institution which is defined by California Rules of Court, rule

9.46as a corporation, a partnership, an association, or other legal entity and is not a government agency and DOES NOT provide legal services to others.

This institution employs at least 10 full-time employees in the State of California.

(# of employees:

 

)

OR

This institution employs the following California attorney who is an active member in good standing of the State Bar of California.

Name:

 

Bar Number:

I will notify the State Bar within 30 days if the eligibility status listed above changes or if the applicant’s employment ceases.

To the best of my knowledge and after reasonable inquiry, I believe that the applicant is of good moral character and qualifies for registration under California Rules of Court, rule 9.46 and the Registered In- House Counsel Program Rules.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

Print Name:

 

 

Signature:

RIHC Application 2017_R

Page 3 of 4

 

 

The State Bar of California

Office of Admissions – MJP Program

845 S. Figueroa Street, Los Angeles, CA 90017-2515 (213) 765-1500

Out-of-State Attorney Registered In-House Counsel Program Application

Attachment C – Admissions/Standing List

Date:

 

 

 

Print Name:

 

 

 

 

 

 

 

 

 

Date

Member

State/Court

 

Status

Prior Discipline Record

Admitted

Number

(e.g., Ohio or USDC or 9th Circuit)

 

(e.g., Active)

If ‘Yes’ Attached Details

 

 

 

 

 

 

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

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Yes

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Yes

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Yes

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Yes

No

 

 

 

 

 

 

 

 

 

Check here if additional sheets listing details of prior record of discipline are attached.

RIHC Application 2017_R

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Document Specs

Fact Detail
Governing Body The State Bar of California Office of Admissions – MJP Program
Form Purpose Application for Out-of-State Attorney Registered In-House Counsel Program
Location 845 S. Figueroa Street, Los Angeles, CA 90017-2515
Contact Number (213) 765-1500
Application Requirement Registration as an Attorney Applicant with the State Bar’s Office of Admissions is required before form submission.
Fees $550 Application Fee and $500 Moral Character Determination Fee
Governing Law California Rules of Court, rule 9.46
Application Attachments Attorney Declaration, Declaration of Qualifying Institution, Admissions/Standing List, Application for Determination of Moral Character
Payment Method Cashier's check, travelers’ check, or money order payable to "State Bar of California"

Detailed Instructions for Writing California Application Registered In Counsel

Filling out the California Application for Registered In-House Counsel form is a crucial step for out-of-state attorneys seeking to work within the state in a corporate or organizational setting. It not only signifies the attorney's intent to comply with California-specific legal practices but also their commitment to uphold the integrity and professional standards expected by the State Bar of California. The following steps guide through the application process, ensuring clarity and compliance with the requirements.

  1. Register as an Attorney Applicant with the State Bar’s Office of Admissions before beginning the application process. This must be completed prior to filling out the Registered In-House Counsel form.
  2. On the first page of the application, fill in the personal details including your Last Name, First Name, and Middle Name.
  3. Enter your Date of Employment as In-House Counsel, followed by your Employer's details including the Institution Name and Address.
  4. Provide your contact information, including Phone, Fax, and E-mail. Remember, as registered In-House Counsel, your address of record will be public information.
  5. Complete the section on your Educational Background, specifying your Undergraduate and Law Schools, including the cities and states where they are located.
  6. Proceed to the Application Attachments section:
    • Attachment A - Attorney Declaration: Read and affirm each statement regarding your status, practices, and obligations as an In-House Counsel in California by signing at the bottom.
    • Attachment B - Declaration of Qualifying Institution: This section must be completed by a representative of your employer, confirming your employment status, the company's eligibility, and your good moral character.
    • Attachment C - Admissions/Standing List: List all jurisdictions where you are admitted to practice law, your membership status, and any prior discipline records. If additional space is needed, attach separate sheets detailing your discipline history.
  7. Include the required fees with your application. Prepare a cashier’s check, traveler’s check, or money order for the total amount ($550 Application Fee + $500 Moral Character Determination Fee), payable to the "State Bar of California." Note that personal checks are not accepted.
  8. Ensure that your Application for Determination of Moral Character, along with the Original Certificate of Good Standing from each state or jurisdiction where you are admitted, is included in a sealed envelope with your submission.
  9. Review your application thoroughly to ensure all information provided is accurate and complete. Sign and date the application where required to certify the truthfulness of your information under penalty of perjury.
  10. Mail the completed application package, including all attachments and fees, to the State Bar of California Office of Admissions – MJP Program, 845 S. Figueroa Street, Los Angeles, CA 90017-2515.

After submitting your application, the California State Bar will review your materials to ensure compliance with the In-House Counsel requirements. They will verify your legal standing in other jurisdictions, assess your moral character, and confirm the eligibility of your employing institution. This process involves thorough checks and may take some time. You will be contacted directly by the State Bar with the outcome of your application or if additional information is needed. It is critical during this period to notify the State Bar of any changes to your application details, particularly your address or employment status, to avoid delays or issues with your registration.

Things to Know About This Form

What is the California Application Registered In-House Counsel Form?

This form is required for out-of-state attorneys who wish to serve as in-house counsel for a company or organization within California. It involves registering with the State Bar's Office of Admissions under the Multijurisdictional Practice (MJP) Program before beginning work.

What fees are associated with the application?

Applicants must pay a $550 application fee and a $500 moral character determination fee. These fees help cover the costs of processing the application and conducting a background check to ensure the applicant meets the moral standards for practice in California. It's important to note personal checks are not accepted.

What documents are needed to apply?

To apply, you'll need several key documents:

  • An Attorney Declaration
  • Declaration of Qualifying Institution
  • Admissions/Standing List
  • Application for Determination of Moral Character (in a sealed envelope)
  • Original Certificate of Good Standing

Can I pay the application and moral character fees with one check?

Yes, you can combine the fees into one payment. However, ensure that the method of payment is either a cashier's check, traveler's check, or money package, as personal checks are not accepted.

What are the eligibility requirements for this program?

To be eligible, applicants must be members in good standing of at least one U.S. jurisdiction, not be suspended or disbarred, and agree to adhere to California's legal conduct standards. Additionally, they must reside in California, work for a single qualifying institution, and not engage in personal representation outside of their institution.

Registered In-House Counsel must complete California's Minimum Continuing Legal Education (MCLE) requirements. This includes satisfying all MCLE requirements in the first year and ongoing compliance with the standard requirements applicable to all State Bar members thereafter.

How do I update my information if it changes?

Any changes to your provided information, including address, employment, or standing in another jurisdiction, must be reported to The State Bar of California in writing within 30 days of the change.

What happens if I no longer work as In-House Counsel for my employer?

If your employment as In-House Counsel ends, you must provide The State Bar of California with a forwarding address for any further communications. Additionally, you should notify the State Bar if your eligibility status changes, including suspension or disbarment from practice in any jurisdiction.

Common mistakes

  1. Not registering as an Attorney Applicant with the State Bar's Office of Admissions before submitting the application can lead to significant delays or rejection. It's a mandatory first step that ensures all applicants are vetted and approved to proceed.

  2. Filling out the form by hand instead of typing can make the application difficult to read. This form clearly states to type or print clearly, which suggests a preference for typed forms to avoid any misinterpretation of handwritten text.

  3. Using personal checks for the application fee and the moral character determination fee, even though the instructions specify that these forms of payment will not be accepted. Applicants should instead use a cashier's check, traveler’s check, or money order payable to the “State Bar of California.”

  4. Omitting the original Certificate of Good Standing or not enclosing it in a sealed envelope as required for the Moral Character Determination. This oversight can cause delays and necessitates follow-up documentation, slowing down the entire registration process.

  5. Forgetting to list all jurisdictions where the applicant is authorized to practice law or leaving out any prior disciplinary actions in the Admissions/Standing List. Full disclosure is crucial for a comprehensive review of the applicant's standing and background.

  6. Failure to update the State Bar of California within 30 days of any change in information, including address, employment at a qualifying institution, or eligibility to practice law in another jurisdiction. Timely updates are essential to maintain active and compliant status within the Registered In-House Counsel Program.

  • Always double-check that all sections of the application are completed accurately and in full to avoid unnecessary setbacks.
  • Ensure that all attachments, including declarations and the certificate of good standing, are correctly prepared and included.
  • Remember to comply with all payment instructions, avoiding personal checks and ensuring fees are combined correctly if allowed.

Documents used along the form

When an out-of-state attorney seeks to register as In-House Counsel in California, several required forms accompany the primary application to ensure comprehensive submission. These documents are critical in evaluating the eligibility and professional standing of the applicant within the jurisdiction of California. The forms also facilitate a thorough assessment by the State Bar of California by providing detailed information about the applicant's legal education, professional history, and moral character.

  • Attorney Declaration: This is Attachment A of the application. It requires the attorney to attest to their current good standing in at least one jurisdiction in the United States, confirm they are not suspended, disbarred, or resigned with charges pending in any jurisdiction, and agree to adhere to the disciplinary authority of the California Supreme Court and the State Bar of California. The declaration also outlines the scope of practice limitations for registered In-House Counsel.
  • Declaration of Qualifying Institution: Known as Attachment B, this form must be completed by an officer, director, or general counsel of the institution employing the applicant. It verifies the employment status of the applicant, confirms the institution’s compliance with California’s definition of a qualifying institution, and attests to the applicant’s moral character.
  • Admissions/Standing List: Identified as Attachment C, this document lists all jurisdictions where the applicant is admitted to practice law, their status in each jurisdiction, and any previous disciplinary actions. This comprehensive history supports the due diligence process for the California State Bar.
  • Application for Determination of Moral Character: This separate form is required for a thorough background check, ensuring that the applicant meets the ethical standards expected of attorneys in California. It includes detailed inquiries into the applicant’s personal history, employment, criminal record, and financial integrity. The submission of an Original Certificate of Good Standing from at least one jurisdiction where the applicant is admitted to practice is also mandated as part of this moral character determination process.

The amalgamation of these documents with the California Application Registered In-House Counsel Form creates a substantial packet that undergoes scrutiny by the State Bar of California. This careful examination ensures that only applicants meeting the rigorous standards of professional conduct and ethical behavior are permitted to serve as In-House Counsel. The process underscores the State Bar's commitment to maintaining high levels of integrity within the legal profession in California.

Similar forms

The California Application Registered In-House Counsel form shares similarities with the Multijurisdictional Practice (MJP) Application in its purpose to enable out-of-state attorneys to legally work within a specific jurisdiction under certain conditions. Both applications require attorneys to demonstrate good standing in their original jurisdiction, a condition designed to ensure that the integrity of legal practice is maintained across state lines. Like the MJP application, the In-House Counsel form extends the privilege of practice under carefully defined circumstances, emphasizing the need for compliance with local legal ethical standards and continuous education.

Another document that bears resemblance to the California Application Registered In-House Counsel form is the Foreign Legal Consultant (FLC) application used in various states. The FLC application allows foreign lawyers to offer legal advice on the law of the countries where they are qualified to practice. Similarly, both applications facilitate legal practice across borders—whether interstate or international—under stringent conditions, including restrictions on representing local clients directly and the requirement to maintain good standing in one's home jurisdiction.

The Pro Hac Vice admission form is another document that parallels the In-House Counsel application in its function to grant special permission for lawyers to practice in a jurisdiction where they are not licensed. However, Pro Hac Vice is typically for a single case or a limited duration, unlike the more extended practice privilege provided by the In-House Counsel registration. Both arrangements necessitate the applicant's commitment to abide by the local jurisdiction's rules of professional conduct and other regulatory requirements.

The Application for Determination of Moral Character, an integral part of the In-House Counsel registration, is also a standalone requirement in the bar admission process in California and many other jurisdictions. This screening ensures that all attorneys, regardless of their practice scope, uphold the profession's ethical standards. The emphasis on moral character underlines the legal profession's commitment to integrity, directly impacting an attorney's ability to register for in-house or broader practice rights.

The Certificate of Good Standing closely aligns with the in-house counsel form in its function to verify an attorney's legal status. Required as part of the application, this certificate proves that the lawyer has not been disciplined and is currently eligible to practice law, serving as a foundational document that bolsters the integrity of the legal profession by ensuring that only qualified individuals are permitted to practice, regardless of the capacity in which they serve.

The Bar Exam application, while designed for a different audience—law students and lawyers seeking general licensure rather than specialty registration—shares multiple procedural and thematic elements with the In-House Counsel form. Both demand detailed personal and professional information, adherence to ethical standards, and a commitment to ongoing education, highlighting the legal profession's rigorous standards for entry and practice.

The Limited License for Legal Technicians (LLLT) application in states that offer this option presents another analogous process. Like the In-House Counsel program, the LLLT license allows non-attorneys to perform specific legal services under defined conditions, showcasing the legal profession's adaptability. Each program necessitates thorough vetting for eligibility, commitment to ethical practice, and in some cases, continuing education to ensure competence in serving the public.

Finally, the Application for Law School Accreditation shares a conceptual similarity with the In-House Counsel registration process. While one focuses on individuals and the other on institutions, both involve rigorous scrutiny and the need to meet established standards. Accreditation and registration alike ensure that entities—whether law schools or in-house counsel—adhere to practices that uphold the profession's integrity and service quality.

Dos and Don'ts

When filling out the California Application for Registered In-House Counsel, it is crucial to adhere to specific guidelines to ensure the process progresses smoothly and without delay. Here are six essential dos and don'ts to guide applicants through this process:

  • Do ensure that all information provided on the form is accurate and truthful. The declaration under penalty of perjury asserts the truthfulness of the information, making accuracy paramount.
  • Do type or print clearly in all sections of the application. Legibility enhances the review process, reducing the risk of errors or misunderstandings.
  • Do make payment of fees with a cashier's check, traveler’s check, or money order, as personal checks are not accepted. This ensures that your application is processed without unnecessary delays.
  • Don't overlook the need to register as an Attorney Applicant with the State Bar’s Office of Admissions prior to submitting this application. This is a prerequisite for application submission.
  • Don't fail to include all necessary attachments, such as the Attorney Declaration, Declaration of Qualifying Institution, and Admissions/Standing List, along with the required fees for the Application and Moral Character Determination.
  • Don't disregard the requirement to notify The State Bar of California within 30 days of any changes in the information provided in your application, including address or employment changes. This ensures that your records are up to date and can help avoid future complications.

Adhering to these guidelines can significantly impact the outcome of your application for Registered In-House Counsel in California. Accuracy, clarity, and compliance with all specified requirements and procedures are critical to ensuring a successful application process.

Misconceptions

When it comes to the California Application for Registration as In-House Counsel, numerous misconceptions exist that can lead to confusion for out-of-state attorneys seeking to practice within a specific organization in California. Let's address some common misunderstandings.

  • One common misconception is that registration allows an out-of-state lawyer to practice law for any employer in California. In reality, registration as In-House Counsel restricts the attorney to practice law solely for the entity that employs them.

  • People often think there's no need to maintain good standing in their jurisdiction once they become registered in California. Contrary to this belief, the attorney must remain eligible to practice in at least one jurisdiction in the United States, as attested in the attorney declaration section of the application.

  • There's a misconception that once registered, an attorney can represent employees or shareholders of their employer. However, the rules specifically prohibit registered in-house counsel from providing personal or individual representation to these parties.

  • Many believe that completing the registration process allows them to appear in California state courts. However, registered in-house counsel are not permitted to make court appearances in the state courts of California unless they comply with Pro Hac Vice admission requirements or other applicable court rules.

  • It is often misunderstood that the application process is entirely online. Though some documents can be submitted electronically, the application, including the moral character determination and associated fees, must be mailed to the State Bar of California’s Office of Admissions.

  • Another misconception is that the address of record for in-house counsel is confidential. On the contrary, the address provided as the address of record is public information subject to disclosure upon request and is also posted on the State Bar's website.

  • There's an incorrect belief that personal checks are accepted for payment of the application and moral character determination fees. In fact, only cashier's checks, travelers' checks, or money orders made payable to the State Bar of California are accepted.

  • Finally, some think that once registered, no further education or training is required. In truth, registered in-house counsel are required to satisfy all of the Minimum Continuing Legal Education requirements in their first year and thereafter, just like active members of the State Bar of California.

Understanding these nuances ensures that attorneys are better prepared to comply with the registration requirements and maintain their status as registered in-house counsel in California.

Key takeaways

Completing the California Application for Registered In-House Counsel requires careful attention to detail and a clear understanding of the process. Here are some essential takeaways to ensure a smooth application experience:

  • Registration with the State Bar’s Office of Admissions must be done before submitting the application. This is a foundational step that cannot be overlooked.
  • It's crucial to type or print clearly on the application to avoid any misunderstandings or processing delays due to illegible information.
  • The application involves a non-refundable fee, which cannot be paid by personal check. Options include cashier's check, traveler’s check, or money order payable to “State Bar of California.”
  • All applicants must be a member in good standing in at least one jurisdiction in the United States and cannot be suspended, disbarred, or resigned with charges pending in any jurisdiction.
  • The application requires several attachments, including Attorney Declaration, Declaration of Qualifying Institution, and an Admissions/Standing List, along with an application for Determination of Moral Character in a sealed envelope.
  • Applicants must understand that by applying, they agree to be subjected to the disciplinary authority of The Supreme Court of California and The State Bar of California, just like a member of The State Bar of California.
  • Registered In-House Counsel must only practice law for the SINGLE Qualifying Institution that employs them and cannot provide personal legal representation to individuals or entities related to the institution outside of this employment.
  • A commitment to notify The State Bar of California within 30 days of any changes regarding address, employment status, or eligibility status is required. Similarly, a forwarding address must be provided within 30 days of ending employment with the qualifying institution.
  • Adherence to Continuing Legal Education requirements is essential from the first year of practice, with specifics that mirror those applicable to all members of The State Bar of California thereafter.

Remember, the application process is not only about qualifying to practice law in a specific in-house capacity but also involves a commitment to maintaining the high standards of professionalism and ethical conduct expected by The State Bar of California.

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