Chapter 10 - § 10.6 • UNAUTHORIZED PRACTICE OF LAW IN ARBITRATION

• Jurisdiction: Colorado

§ 10.6 • UNAUTHORIZED PRACTICE OF LAW IN ARBITRATION

A recurring question is whether a lawyer representing a party in arbitration or sitting as an arbitrator must be admitted to practice in the jurisdiction of the arbitration. See Colorado Rules of Civil Procedure, Chapter 19, "Unauthorized Practice of Law Rules."

§ 10.6.1—Out-Of-State Lawyers Representing Parties

Many states take the position that out-of-state lawyers may appear in the forum state to represent parties without being admitted in the forum state. It does not constitute the unauthorized practice of law.¹⁷ See § 10.2.2. Perhaps the safe, although perhaps unnecessary, procedure is to seek pro hac vice admission to the Colorado Bar. See Colorado Rules of Civil Procedure, Chapter 18, "Rules Governing Admission to the Bar," 220-222.

See "Colorado Adopts Rules Governing Out-of-State Attorneys," 32 Colo. Law. 27 (Feb. 2003).

§ 10.6.2—Non-Lawyer Employee Representing Corporate Party

Arkansas holds that a corporate officer, director, or employee who is not a licensed attorney engages in the unauthorized practice of law by representing the corporation in arbitration proceedings. The court, and not the arbitrator, should determine issues regarding legal representation during the arbitration proceedings.¹⁸

See generally Cole, "Blurred Lines: Are Non-Attorneys Who Represent Parties...