MRPC 5.5 Amendment: Out-of-State Lawyers May Now Practice Their Home Jurisdiction's Law While Physically in Michigan (Effective September 1, 2023)
The Michigan Supreme Court amended Rule 5.5 of the Michigan Rules of Professional Conduct on May 17, 2023, adding a new paragraph (e) that permits out-of-state lawyers to practice the law of their home jurisdiction while physically present in Michigan, effective September 1, 2023.
What Changed
Before this amendment, MRPC 5.5 addressed unauthorized practice and multijurisdictional practice but did not explicitly allow out-of-state attorneys to practice their own jurisdiction’s law while working from a physical location in Michigan. The new paragraph (e) fills this gap.
The amended rule provides:
A lawyer admitted in another jurisdiction of the United States and not disbarred or suspended may practice the law of the jurisdiction(s) in which the lawyer is properly licensed while physically present in the State of Michigan, if the lawyer does not:
(1) hold themselves out as having an office in the State of Michigan,
(2) provide legal services in the State of Michigan, unless otherwise permitted by law or Supreme Court rule, or
(3) offer to provide legal services in the State of Michigan, unless otherwise permitted by law or Supreme Court rule.
The accompanying comment clarifies that paragraph (e) does not restrict authorized practice in federal courts, citing In re Desilets, 291 F3d 925 (CA 6, 2002).
Practical Impact
An attorney admitted in Illinois, for example, may now work from Michigan while advising Illinois clients on Illinois law, drafting contracts governed by Illinois law, or handling Illinois litigation—provided the attorney does not hold out as having a Michigan office, provide legal services in Michigan, or offer such services.
The three prohibitions in subparagraphs (1) through (3) set clear boundaries. Out-of-state lawyers cannot establish what would appear to be a Michigan law office, and they cannot provide or offer to provide legal services in Michigan unless separately authorized under existing exceptions in MRPC 5.5(a) through (d) or other Michigan rules and statutes.
The staff comment notes that the amendment clarifies that lawyers may practice law in another jurisdiction while physically present in Michigan.
Federal Practice Preserved
The comment’s reference to Desilets confirms that paragraph (e) does not affect federal court practice rights. Attorneys authorized to appear in federal courts sitting in Michigan under federal rules retain that authority regardless of this state court rule.
Application for Michigan Attorneys
While the amendment primarily benefits out-of-state lawyers working temporarily or remotely from Michigan, it also provides clarity for Michigan attorneys who collaborate with or employ out-of-state counsel. Firms can now have visiting lawyers from other jurisdictions work from Michigan offices on matters in those lawyers’ home jurisdictions, provided the lawyers comply with the three limitations.
The complete text of MRPC 5.5, as amended, appears in our Michigan Rules of Professional Conduct, which we update promptly following all Michigan Supreme Court amendments.