D.C. Court of Appeals Amends Rule 49

November 22, 2024

On November 13 the District of Columbia Court of Appeals announced that it will adopt amendments to Rule 49 proposed by the court’s Committee on Unauthorized Practice of Law early this year. The court is adopting the revisions with some further minor wording changes to Rule 49(c)(9) to use more general language in referring to bar examinations and provide clearer guidance about timing requirements.

The revisions involve changes to Rule 49(c)(6), governing in-house counsel; Rule 49(c)(8), regarding D.C. Bar applicants who are members of the bar of other jurisdictions; and Rule 49(c)(9), governing attorneys working pro bono and law school graduates whose bar applications are pending.

Revised Rule 49(c)(6) clarifies that in-house counsel who is not a member of the D.C. Bar may provide legal services to their employer or its organizational affiliates, if the employer understands that the person is not a Bar member. “The provision of legal services by in-house counsel or advisors generally serves the interests of the employer and does not create an unreasonable risk to the client and others because the employer is well situated to assess the employee’s qualifications and the quality of the employee’s work,” states the commentary to new Rule 49(c)(6).

Revised Rule 49(c)(8) gives the director of the D.C. Court of Appeals Committee on Admissions additional discretion to allow persons whose bar applications are pending to provide legal services beyond the 365 days that they are authorized to practice in the District.  “A request for an extension must be submitted in writing to the Director at least 14 days before the 365-day period expires, except that for good cause the Director can waive the 14-day requirement,” the revised subsection states.

Revised Rule 49(c)(9)(A) clarifies that a person who is not a D.C. Bar member may provide pro bono legal services if that person is not employed by the Public Defender Service for the District of Columbia or a nonprofit organization that provides pro bono legal services. Revised Rule 49(c)(9)(B) now states that a law school graduate may provide pro bono legal services for a period of no more than 365 days from the start of such practice if the person (1) graduated with a JD degree from an ABA-approved law school and (2) has applied to take the Uniform Bar Examination in a U.S. jurisdiction.

The amendments were unanimously approved by the Committee on Unauthorized Practice of Law in January 2024, submitted to the court in February, and then modified in September in light of public comments received by the court.

The full text of the court’s order adopting the Rule 49 revisions, including clean and redline versions, can be found here. The amendments go into effect January 13, 2025.