The New Media Space

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Lawyers practicing in the new media space face unprecedented cross-border issues, including representation of clients abroad who create content that’s globally digitally distributed and offer services that are globally digitally accessible. I crossed this path once again when considering terms and privacy for an extraterritorial tor service prioritizing anonymity.

The ABA has been considering revisions to Model Rule 5.5 to address modern means of communication, which have in the meantime become quotidian. Model Rule 5.5(c)(4) coupled with Comment 14 sufficiently covers international practice, but Colorado has gone further to address this in CRCP 220 by granting a de facto/jure license for inbound practice to out-of-state attorneys in good standing elsewhere. Note that it doesn’t cover court and tribunal appearances, and lawyers not licensed in the United States.

Rule 220 » Out-of-State Attorney » Conditions of Practice

(1) An attorney who meets the following conditions is an out-of-state attorney for the purpose of this rule:

(a) The attorney is licensed to practice law and is on active status in another jurisdiction in the United States;

(b) The attorney is a member in good standing of the bar of all courts and jurisdictions in which he or she is admitted to practice;

(c) The attorney has not established domicile in Colorado; and

(d) The attorney has not established a place for the regular practice of law in Colorado from which such attorney holds himself or herself out to the public as practicing Colorado law or solicits or accepts Colorado clients.

(2) An out-of-state attorney may practice law in the state of Colorado except that an out-of-state attorney who wishes to appear in any state court of record must comply with C.R.C.P. 221 concerning pro hac vice admission and an out-of-state attorney who wishes to appear before any administrative tribunal must comply with C.R.C.P. 221.1 concerning pro hac vice admission before state agencies.

(3) An out-of-state attorney practicing law under this rule is subject to the Colorado Rules of Professional Conduct and rules of procedure regarding attorney discipline and disability proceedings and those remedies set forth in C.R.C.P. 234(a).

(4) An out-of-state attorney who engages in the practice of law in Colorado pursuant to Rule 220 shall be deemed, for the purposes of Colorado Revised Statutes, Title 12, Article 5, Sections 101, 112, and 115, to have obtained a license for the limited scope of practice specified in this rule.

Update: June 1, 2014

See the work of a committee considering comprehensive national legal services regulatory reform, premised on modern international practices and set in Singapore: Final Report of the Committee to Review the Regulatory Framework of the Singapore Legal Services Sector (January 2014).