Also known as:actively participate · actively participates · active participation
Written by attorneys · grounded in primary & secondary sources — see below
Substantive involvement by a lawyer admitted to practice in the jurisdiction that affects the direction or progress of the matter or proceeding.
Sources & Authorities
How it applies
Common Examples
2
Local Counsel Answers Occasional Questions
Judith, admitted only in State T, led all drafting and strategy sessions for Pioneer Flight at its State U facilities. Pioneer Flight retained Javier, licensed in State U, as associated counsel. Javier answered occasional questions about State U contract norms but did not attend sessions or help shape strategy. The grievance against Judith turns on whether Javier's limited input meets the active participation standard required for the temporary-practice exception.
Bar Members Speak at Circuit Conference
The chief judge of the circuit summoned district judges and members of the bar to the annual Judicial Conference. Several bar members attended, presented reports on local court practices, and joined discussions on improving case management. Their contributions determine whether the conference satisfies the statutory requirement of active participation by members of the bar.
Put it into practice
Test Yourself
10
Practice Questions5
· 3 primary sources
Select any source to read its text and confirm it supports the definition.
Statutes
Model Codes
Study Supplements
Common questions
Frequently Asked
3
What level of involvement satisfies the active participation requirement under Rule 5.5(c)(1)?+
The rule requires the locally admitted lawyer to contribute in a way that affects the matter's direction or outcome rather than providing only sporadic or reactive advice. Formal association alone is insufficient when the local lawyer performs no further work after an initial appearance. Courts and disciplinary authorities examine whether the local lawyer shares responsibility for the representation as a whole.
Supporting sources
Does answering occasional questions about local norms count as active participation?+
Answering occasional questions may supply useful information but does not rise to active participation when the out-of-state lawyer retains complete control over drafting and strategy. The local lawyer must engage in ongoing collaboration that allows oversight of compliance with local standards. Minimal contact leaves the out-of-state lawyer operating essentially alone, contrary to the rule's purpose.
Supporting sources
Is a single court appearance by local counsel enough to satisfy the requirement?+
A single appearance at a scheduling conference followed by complete inactivity does not constitute active participation throughout the representation. The rule envisions the local lawyer exercising professional judgment over the matter rather than serving in a nominal role. Formal association on the record therefore fails when the local lawyer offers no input on motions or strategy.
Supporting sources
Business Associations RelationshipsManagement and control of corporations and limited liability companies · CorporationsNEXTGENIntermediate