In-House Counsel Limited Admission and a Pro Bono Request
Priya Nair is admitted in California and has worked for a medical-device company for six years. She moves to D.C. to become general counsel of the company's new D.C. subsidiary. Her duties include negotiating contracts, advising on FDA and employment issues, and supervising outside counsel. The company also asks her to represent an employee pro bono in a D.C. landlord-tenant dispute and to appear in D.C. Superior Court for a small-claims matter involving the subsidiary. Priya has not taken the D.C. bar exam. She files an application for limited admission as in-house counsel under D.C. Rule 46(c). Her California bar status is active and in good standing; she has an MPRE score of 80. She asks what the limited license will let her do and whether the pro bono and small-claims matters are covered.
1. Is Priya eligible for limited in-house admission under D.C. Rule 46(c)?
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She appears to be a strong candidate, but eligibility depends on satisfying each element of the rule and the application process. She is admitted and in good standing in California, she has an MPRE score above D.C.'s passing threshold, and she will be employed by a corporation as in-house counsel. The key is that her practice must be for her employer and must not involve holding out to the public or representing unrelated clients. She should file the required application, fee, and supporting documents, including a certificate of good standing and a description of her employment duties. The limited license is not a general D.C. license and does not substitute for the bar exam for all purposes. If her duties include appearing in D.C. courts, she should confirm whether the limited license authorizes that specific activity; otherwise she may need pro hac vice admission or full admission.
2. What is the scope of practice under a D.C. in-house limited license?
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The license is tied to the lawyer's employment. Priya may provide legal services to her corporate employer and its subsidiary in D.C. within the scope of her employment, such as contracts, compliance, FDA advising, employment counseling, and supervising outside counsel. She may not use the limited license to represent the public, open a private practice, or hold herself out as a generally licensed D.C. lawyer. The license also may not automatically authorize court appearances. If she needs to appear in D.C. Superior Court, she should determine whether the in-house rule allows it or whether she must seek pro hac vice admission or full admission. Any work for the subsidiary must be within the corporate family and employment relationship; unrelated outside clients are outside the license.
3. Can Priya handle the employee's landlord-tenant case and the subsidiary's small-claims matter?
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The employee's landlord-tenant dispute is a personal matter for an individual, not legal work for her corporate employer. It likely falls outside the in-house limited license unless D.C. has a separate pro bono authorization that applies and the matter is handled through an approved program. She should not assume that "pro bono" is automatically covered. The subsidiary's small-claims matter is closer to the employer's business, so the advice and preparation may be within the limited license, but a court appearance may require pro hac vice admission or another authorization. Priya should separate the two requests: decline or route the employee matter to a properly authorized legal-services provider, and for the subsidiary matter confirm the court-appearance rules before signing or appearing. This protects her from unauthorized-practice allegations and protects the client from procedural problems.