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Rules of the Supreme Court of Wyoming Providing for the Organization and Government of the Bar Association and Attorneys at Law of the State of Wyoming
Amended April 11, 2006; Amendment Effective April 11, 2006;
Amended October 28, 2004; Amendment Effective March 1, 2005;
Amended April 22, 2003; Amendment Effective July 1, 2003;
Amended March 31, 2000; Amendment Effective June 21, 2000;
Amended May 25, 1994; Amendment Effective August 16, 1994;
Amended November 12, 1991; Amendment Effective February 11, 1992;
Created May 18, 1989; Effective June 1, 1989;
Text of Rules
[+] Preamble. These Amended Rules Providing for the Organization and Government of the Wyoming State Bar Association are adopted by the Supreme Court of the State of Wyoming pursuant to the Wyoming Constitution and W.S. 5-2-118 (1977), as amended. As an administrative agency of the Wyoming Supreme Court, the Bar Association has the duty of carrying out those administrative functions which are delegated to it by the Supreme Court through these Rules and Bylaws of the Wyoming State Bar. The Wyoming Supreme Court has the ultimate authority to insure that those powers and duties delegated to the Bar pursuant to these Rules are fully and faithfully executed.
[+] Rule 1. Name. The name of the association is the Wyoming State Bar.
[+] Rule 2. Membership. All persons admitted to the practice of law in the state of Wyoming are members of the Wyoming State Bar. All such persons except honorary and retired members shall pay license fees. Membership in the Wyoming State Bar is a condition to practicing law in this state. Non-payment of license fees shall result in suspension of membership and the right to practice law until payment of all license fees and penalties in the manner provided by the Bylaws of the Wyoming State Bar.
(Amended April 22, 2003, effective July 1, 2003.)
[+] Rule 3. Purposes. The purposes of the Wyoming State Bar are: to aid the courts in maintaining and improving the administration of justice; to foster, maintain and require on the part of those engaged in the practice of law, high standards of integrity, learning, competence, public service, and conduct; to safeguard proper professional interests of members of the Bar; to encourage the formation, maintenance, and activities of local bar associations; to provide a forum for the discussion of and effective action concerning subjects pertaining to the practice of law, the science of jurisprudence and law reform, and relations of the Bar to the public; to provide for the continuing legal education of members of the Bar; to insure that the responsibilities of the legal profession to the public are more effectively discharged; and to provide procedures concerning disciplinary matters which come before it; and to do all things necessary to effectuate the purposes of this rule and the functions and purposes set forth in the Bylaws of the Wyoming State Bar.
[+] Rule 4. Powers. The Wyoming State Bar may enter into contracts and acquire, hold, encumber and dispose of real and personal property.
[+] Rule 5. Location of offices. The principal office and place of business of the association shall be in Cheyenne, Wyoming, but the Board of Commissioners may authorize offices to be located at other places within the state of Wyoming.
[+] Rule 6. Officers. Officers of the Wyoming State Bar shall include a President, President-Elect, Vice-President, and Secretary-Treasurer. The duties, powers, qualifications, nomination and election of officers shall be specified in the Bylaws of the Wyoming State Bar.
[+] Rule 7. Board of Commissioners. The Wyoming State Bar shall be governed by a Board of Commissioners, nine (9) of whom shall be elected and four (4) of whom shall be the President, the President-Elect, the Vice-President, and the Secretary-Treasurer. The immediate Past President shall be a nonvoting member of the Board. The method for exercise of the authority of the Board and the qualifications, nomination and election of the nine (9) elected members shall be specified in the Bylaws of the Wyoming State Bar.
[+] Rule 8. Executive Committee. There shall be an Executive Committee consisting of the President, the President-Elect, the Vice-President, and the Secretary-Treasurer. The powers and duties of the Executive Committee shall be specified in the Bylaws of the Wyoming State Bar.
[+] Rule 9. Annual meeting. There shall be an annual meeting of the members of the Wyoming State Bar at such time and place as is designated by the President with the advice of the Board of Commissioners.
[+] Rule 10. Dissolution. Upon the dissolution of the association, the Board of Commissioners shall pay or make provision for the payment of all its liabilities, and the Wyoming Supreme Court shall dispose of all of the assets of the association exclusively for the purposes of the association in such manner, or to such organization or organizations organized and operated exclusively for the charitable, educational, religious, or scientific purposes as shall at the time qualify as exempt organization or organizations under the Internal Revenue Code of 1954 (26 U.S.C.) as the Wyoming Supreme Court shall determine. In the event of dissolution of the association, no member shall be entitled to any distribution or division of its remaining property or its proceeds.
[+] Rule 11. Attorneys’ right to practice law; pro hac vice admission.
(a)
Definitions.
(1)
“Applicant” means a member of the bar of any state, district or territory of the United Stated applying for admission pro hac vice.
(2)
“Local counsel” means an active member of the Wyoming State Bar, who has associated with an applicant for pro hac vice admission.
(3)
“Practice of law” means providing any legal service for any other person, firm or corporation, with or without compensation, or providing professional legal advice or services where there is a client relationship of trust or reliance, including appearing as an advocate in a representative capacity; drafting pleadings or other documents; or performing any act in such capacity in connection with a prospective or pending proceeding before any court, court commissioner, or referee.
(b)
Only active members of the Wyoming State Bar may engage in the practice of law within this state.
(c)
Members of the bar of any other state, district or territory of the United States may be admitted to practice pro hac vice, in compliance with Rule 104 of the Uniform Rules for the District Courts of the State of Wyoming or Rule 19.01 of the Wyoming Rules of Appellate Procedure.
(1)
Admission pro hac vice under this rule and any other rule concerning admission pro hac vice is discretionary with the court in which the application is made. A judge, hearing officer or person presiding over an administrative hearing or other state tribunal is not obligated to admit an applicant pro hac vice nor is a judge, hearing officer or person presiding over an administrative hearing bound by a prior decision to admit an applicant pro hac vice. Admission pro hac vice may be revoked by the court or tribunal upon its own motion or the motion of a party if, after notice and a hearing, the court or tribunal determines that admission pro hac vice is inappropriate. Admission pro hac vice will be denied or, if granted, will be revoked if the court or tribunal determines that the process is being used to circumvent the normal requirements for the admission of attorneys to the practice of law in this state.
(2)
In determining whether to enter or revoke the order of admission pro hac vice, the court or tribunal may consider any information it considers relevant, including but not limited to whether the applicant:
(A)
is familiar with Wyoming rules of evidence and procedure, including applicable local rules;
(B)
is available to opposing parties;
(C)
has particular familiarity with the legal affairs of the party relevant to the case;
(D)
complies with the rulings and orders of the court;
(E)
has caused delay or been disruptive; and
(F)
has been disciplined in any other jurisdiction within the prior seven years.
(3)
The applicant must submit the following to the Wyoming State Bar for each case in which the applicant seeks pro hac vice admission:
(A)
application on a form prescribed by the Wyoming State Bar;
(B)
certificate(s) of good standing from the state(s) in which the applicant is licensed, dated no more than 30 days prior to the date of the application;
(C)
happlication fee, determined by and payable to, the Wyoming State Bar.
(4)
Upon approval of the application for admission pro hac vice, the Wyoming State Bar will issue a certificate of compliance with Rule 11. This certificate must be filed in the court or tribunal, along with the motion of the local counsel to admit the applicant pro hac vice and entry of appearance of local counsel.
(5)
Local counsel will perform all duties and satisfy all requirements set forth in Rule 104 of the Uniform Rules for the District Courts of the State of Wyoming or Rule 19.01 of the Wyoming Rules of Appellate Procedure.
(6)
An attorney admitted pro hac vice shall comply with and is subject to Wyoming statutes, rules of the Wyoming Supreme Court, including but not limited to, the Rules of Professional Conduct, the Disciplinary Code for the Wyoming State Bar, the Rules of the Supreme Court of Wyoming Providing for the Organization and Government of the Bar Association and Attorneys at Law of the State of Wyoming, and the rules of the court, tribunal or agency in which the attorney appears.
(7)
This rule does not apply to an employee of the Justice Department who is appearing solely on behalf of the United States so long as 28 U.S.C. §§ 515-519, 28 U.S.C. § 530B or similar laws are in force.
(d)
Any person may act pro se in a matter in which that person is a party.
(f) [(e)]
The admission of a lawyer to practice law within the State of Wyoming, whether as an active member of the Wyoming State Bar or pro hac vice, and who is an owner or employee of a law firm organized outside of the State of Wyoming, will subject the out-of-state law firm to liability for professional conduct for work performed as a consequence of that admission, as if the law firm were organized pursuant to these rules, regardless of the rules of liability of the state in which the out-of-state law firm is established.
(Amended May 25, 1994, effective August 16, 1994; October 28, 2004, effective March 1, 2005.)
[+] Rule 11.1. Unauthorized practice of law.
(a)
Definitions.
(1)
“Adjudicative body” includes any body, board, committee or commission constituted by law and acting in an adjudicative capacity.
(2)
“Adjudicative capacity” means an adjudicative body is acting in an adjudicative capacity when a neutral official or officials, after the presentation of evidence or legal argument by a party or parties, will render a binding judgment (usually findings of fact, conclusions of law and an order) directly affecting a party’s interest in a particular matter.
(3)
“Legal provider” means an active member in good standing of the state bar, and any other person authorized by the Wyoming State Supreme Court to engage in full or limited practice of law.
(4)
“Nonlawyer” means a person to whom the Wyoming Supreme Court has granted a limited authorization to practice law but who practices law outside that authorization, and a person who is not an active member in good standing of the Wyoming state bar, including persons who are disbarred or suspended from membership.
(5)
“Person” means any individual, group of individuals, firm, unincorporated association, partnership, corporation, mutual company, joint stock company, trust, trustee, receiver, governmental entity, and any legal or business entity.
(6)
“Practice Law” or “Practice of Law” means providing any legal service for any other person, firm or corporation, with or without compensation, or providing professional legal advice or services where there is a client relationship of trust or reliance, including, but not limited to:
(A)
Preparing any legal document, including any deeds, mortgages, assignments, discharges, leases, trust instruments or any other instruments intended to affect interests in real or personal property, wills, codicils, instruments intended to affect the disposition of property of decedents’ estates, filing articles and amendments for business entities, other instruments intended to affect or secure legal rights, and contracts, except routine agreements incidental to a regular course of business (or as allowed by statute);
(B)
Preparing or expressing legal opinions, or the doing of any act tending to obtain or secure the prevention or the redress of a wrong or the enforcement or establishment of a right;
(C)
Appearing as an advocate in a representative capacity; drafting pleadings or other documents; or performing any act in such capacity in connection with a prospective or pending proceeding before any court, court commissioner, or referee.
(D)
Providing advice or counsel as to how any of the activities described in sub-paragraph (A) through (C) might be done, or whether they were done, in accordance with applicable law;
(E)
Furnishing an attorney or attorneys, or other persons, to render the services described in subparagraphs (A) through (D) above;
(F)
The doing of any act, in behalf of another, tending to obtain or secure for the other the prevention or the redress of a wrong or the enforcement or establishment of a right;
(G)
Certifying or giving opinions as to title to immovable property or any interest therein or as to the validity of a lien, privilege or mortgage as well as the preparation of acts of sale, mortgages, credit sales or any acts or other documents passing titles to or encumbering property.
(7)
“Ownership interest” means the right to control the affairs of a business, or the right to share in the profits of a business, and includes a loan to the business when the interest on the loan is based upon the income of the business or the loan carries more than a commercially reasonable rate of interest.
(b) General Rule. -
No person may engage in the practice of law in the State of Wyoming, or in any manner hold himself or herself out as authorized or competent to practice law in the State of Wyoming, unless enrolled as an active member of the State of Wyoming Bar, except as otherwise permitted by these Rules. Further, no person may engage in the unlawful practice of law. The following constitutes the unlawful practice of law:
(1)
A nonlawyer practices law or holds himself or herself out as entitled to practice law;
(2)
A legal provider holds an investment or ownership interest in a business primarily engaged in the practice of law, knowing that a nonlawyer holds an investment or ownership interest in the business;
(3)
A nonlawyer knowingly holds an investment or ownership interest in a business primarily engaged in the practice of law;
(4)
A legal provider works for a business that is primarily engaged in the practice of law, knowing that a nonlawyer holds an investment or ownership interest in the business; or
(5)
A nonlawyer shares legal fees with a legal provider.
(c) Exceptions to definition of “practice law.” -
(1)
Appearing as an advocate in a representative capacity before any body, board, committee, or commission constituted by law, if that body, board, committee or commission is functioning as an adjudicative body is not practicing law when such conduct is authorized by Wyoming Supreme Court rule, federal statute, state statute, county or city resolution or ordinance, federal administrative regulation, or state administrative regulation.
(2)
Acts performed by a paralegal or other non-lawyer assistant which would normally be construed as the practice of law, such as drafting of legal documents and pleadings, if those acts are performed under the supervision and control of an attorney who is both legally and ethically responsible for the acts of the paralegal or non-lawyer assistant and who is admitted to practice in this state.
(3)
Pursuant to Rule 101(a), Uniform Rules for District Courts of Wyoming, partnerships, as defined by Wyo .Stat. §17-21-101(a)(vi), and sole proprietorships may appear through the owners.
(4)
Pursuant to Rule 1.04, Uniform Rules for the Circuit Courts of Wyoming, in small claims actions, appearance by non-attorneys may be permitted as provided by Wyo. Stat. §1-21-202(b).
(Added October 28, 2004, effective March 1, 2005.)
[+] Rule 12. Law students' right to practice law.
(a) Definitions. -
(1)
"Eligible law student" means a person who:
(i)
is duly enrolled in any law school accredited by the American Bar Association; is in the period between semesters and in good standing; or is a graduate thereof during the time prior to announcement of the results of the first bar examination given after such graduation;
(ii)
has been certified to the Wyoming Supreme Court by the dean of such law school as having satisfactorily completed at least four (4) semesters of legal studies, and to be of good character and competent legal ability; and
(iii)
has filed an affidavit with the Wyoming Supreme Court that the student will comply with the ethical standards set forth in the Rules of Professional Conduct for Attorneys at Law.
(2)
"General supervision" means furnishing assistance and exercising direction and control of the legal activities of the student, accompanied by personal and professional responsibility for guidance and quality of work prepared by the supervised student.
(3)
"Indigency Committee" means a committee of eight (8) members of the Wyoming State Bar, four (4) to be appointed by the Supreme Court and four (4) to be appointed by the President of the Albany County Bar Association.
(4)
"Practice of law" means advising others and taking action for them in matters connected with law. It includes preparation of legal instruments and acting or proceeding for another before judges, courts, tribunals, commissioners, boards or other governmental agencies.
(b) Conditions. -
(1)
An eligible law student may engage, as an intern, in the practice of law under the general supervision of an active member of the Wyoming State Bar, other than a professor of the law school, conditioned as follows:
(i)
The person to be represented consents in writing to legal assistance to be provided by the student;
(ii)
The supervising lawyer shall be present whenever the law student appears before any court, tribunal, commission, board or other governmental agency of the state unless such presence shall be waived in each instance by such court, tribunal, commission, board or other governmental agency;
(iii)
A lawyer shall not supervise more than three (3) students at any one time;
(iv)
If the student is an intern with the public defender (directly or indirectly), attorney general, legal services corporation or similar entity, the student shall be under the general supervision of a specific lawyer employed by such entity.
(2)
An eligible law student may engage, as an intern, in the practice of law for indigent persons only under the general supervision of a professor of law designated for such by the Dean of the University of Wyoming Law School, conditioned as follows:
(i)
The person to be represented consents in writing to legal assistance to be provided by the student;
(ii)
The supervising professor shall be present in court in any criminal matter in which the indigent has the right to the assignment of counsel under any constitutional provision, statute, or rule of this court; but the designated supervisor need not be personally present in court in other matters, civil or criminal, when the indigent person consents thereto in writing and with approval of the court in which the matter is pending;
(iii)
The person to be represented shall meet the income-and-asset criteria within the poverty guidelines of a legal services corporation in Wyoming; such person shall furnish information relative to such criteria under oath;
(iv)
Neither the student nor the supervising professor shall ask for or receive any compensation or remuneration of any kind for the services rendered to the indigent, except that supervising professors may receive their regular pay from the University of Wyoming Law School.
(3)
An eligible law student may engage, as an intern, in the practice of law under the Prosecution Assistance Program of the University of Wyoming Law School only under the general supervision of a member of the Wyoming State Bar who is also representing the state or a governmental agency or subdivision thereof, conditioned as follows:
(i)
The matter involved is a criminal matter or a civil matter related to a criminal matter, e.g. licensing, etc.;
(ii)
The supervising attorney shall be present in court during the time such matter is being presented to the court, provided that the court may permit the student to act without the presence of the supervising attorney.
(4)
A person studying law in the office of a member of the Wyoming State Bar pursuant to W.S. 33-5-105 (1977) may engage as an intern in the practice of law under the general supervision of the lawyer under whom the person is studying, conditioned as follows:
(i)
The student has:
(A)
satisfactorily completed one (1) year of office legal studies as prescribed by the Board of Law Examiners and satisfactorily completed two (2) semesters of legal studies or the equivalent thereof in a law school approved by the American Bar Association; or
(B)
satisfactorily completed two (2) years of office legal studies as prescribed by the Board of Law Examiners and be enrolled in the University of Wyoming Law School;
(ii)
The student has been certified to this court by the supervising lawyer to be in compliance with subdivision (b)(4)(i), and to be of good character and competent legal ability;
(iii)
The student has filed an affidavit with this court as an agreement to comply with the ethical standards set forth in the Rules of Professional Conduct for Attorneys at Law;
(iv)
The person to be represented consents in writing to legal assistance to be provided by the student;
(v)
The supervising lawyer shall be present whenever the student appears before any court, tribunal, commission, board or other governmental agency of the state, and such appearance shall not be waived by such court, tribunal, commission, board or other governmental agency;
(vi)
A lawyer shall not supervise more than one (1) student at any one (1) time.
(c)
Certification by the dean of the law school or by a supervising lawyer under whom a student is studying pursuant to W.S. 33-5-105 (1977) may be withdrawn without cause upon notice of such to this court; and this court may terminate the practice of law by any student at any time without hearing or showing of cause.
(Amended November 12, 1991, effective February 11, 1992.)
[+] Rule 13. Practice of law by business entities.
(a)
Lawyers may practice law as sole proprietorships, partnerships, limited liability partnerships, professional corporations or limited liability companies. No other form of business organization is authorized for the practice of law. A lawyer "of counsel" is one who has a close and continuing relationship with a sole proprietorship, a partnership, a limited liability partnership, a professional corporation or a limited liability company, but who is neither an owner, partner, shareholder or member, nor an employee thereof.
(b)
Lawyers may form professional corporations for the practice of law as authorized by W.S. 17-3-101 and 17-3-102, provided that such corporations are organized and operated in accordance with the provisions of this rule. The articles of incorporation of such corporation shall contain provisions complying with the following requirements:
(i)
The name of the corporation shall contain the words "professional corporation" or shall state those words or an abbreviation thereof after or under the name of the corporation, or an abbreviation thereof such as the following:
"Doe, Doe & Doe [with such designation as a firm desires to show that it is engaged in the practice of law], a Professional Corporation";
In addition, the name of the corporation shall always meet the ethical standards established for the names of law firms according to the Rules of Professional Conduct for Attorneys at Law as if all the shareholders of the corporation were partners;
(ii)
The corporation shall be organized solely for the purpose of conducting the practice of law only through persons qualified to practice law in the State of Wyoming;
(iii)
The corporation may exercise the powers and privileges conferred upon corporations by the laws of Wyoming only in furtherance of and subject to its corporate purpose;
(iv)
All shareholders of the corporation shall be persons duly licensed by the Wyoming Supreme Court to practice law in the State of Wyoming, and who at all times own their shares in their own right. They shall be individuals who, except for illness, accident, time spent in the armed services, on vacations and on leaves of absence not to exceed one year, are actively engaged in the practice of law in the offices of the corporation;
(v)
Provisions shall be made requiring every shareholder who ceases to be eligible to be a shareholder to dispose of all the shares forthwith either to the corporation or to any person having the qualifications described in subdivision (iv);
(vi)
The president shall be a shareholder and a director, and to the extent possible all other directors and officers shall be persons having the qualifications described in subdivision (iv); lay directors and officers shall not exercise any authority whatsoever over professional matters;
(vii)
No corporation may offer professional services or practice a profession except by and through the person or persons of its licensed stockholder or stockholders, or licensed employees, all of whom shall retain their professional licenses in good standing and shall be subject to all rules, regulations, standards and requirements pertaining to their professional activities. All stockholders or employees of a professional corporation organized hereunder shall remain fully liable and responsible for their own professional activities. In all other respects, the rules of liability applicable to general corporations shall apply to professional corporations organized hereunder.
(c)
Lawyers may form limited liability companies for the practice of law as authorized by W.S. 17-15-103, provided that such limited liability companies are organized and operated in accordance with the provisions of this rule. The articles of organization of such company shall contain provisions complying with the following requirements:
(i)
The name of the company shall contain the words "limited liability company" or shall state those words or an abbreviation thereof after or under the name of the company, of an abbreviation thereof such as the following:
"Doe, Doe & Doe [with such designation as a firm desires to show that it is engaged in the practice of law], a Limited Liability Company";
In addition, the name of the limited liability company shall always meet the ethical standards established for the names of law firms according to the Rules of Professional Conduct for Attorneys at Law as if all the members of the company were partners;
(ii)
The limited liability company shall be organized solely for the purpose of conducting the practice of law only through persons qualified to practice law in the State of Wyoming;
(iii)
The limited liability company may exercise the powers and privileges conferred upon limited liability companies by the laws of Wyoming only in furtherance of and subject to its company purpose;
(iv)
All members of the limited liability company who conduct the practice of law in Wyoming shall be persons duly licensed by the Wyoming Supreme Court to practice law in the State of Wyoming, and who at all times are members of the limited liability company in their own right. They shall be individuals who, except for illness, accident, time spent in the armed services, on vacations and on leaves of absence not to exceed one year, are actively engaged in the practice of law in the offices of the limited liability company;
(v)
Provisions shall be made requiring every member who ceases to be eligible to be a member to dispose of all their ownership interest in the limited liability company forthwith either to the company or to any person having the qualifications described in subdivision (iv);
(vi)
The management of the limited liability company shall have the qualifications described in subdivision (iv); lay managers and officers shall not exercise any authority whatsoever over professional matters;
(vii)
No limited liability company may offer professional services or practice a profession except by and through the person or persons of its licensed member or members or licensed employees, all of whom shall retain their professional licenses in good standing and shall be subject to all rules, regulations, standards and requirements pertaining to their professional activities. All members or employees of a limited liability company organized hereunder shall remain fully liable and responsible for their own professional activities. In all other respect, the rules of liability applicable to general limited liability companies shall apply to limited liability companies organized hereunder.
(d)
Lawyers may form, or register as, limited liability partnerships for the practice of law as authorized by W.S. 17-21-1105, provided that such partnerships are organized, registered and operated in accordance with the provisions of this rule. The statement of registration of such partnership shall contain provisions complying with the following requirements:
(i)
The name of the partnership shall contain the words "registered limited liability partnership", "limited liability partnership", or shall state those words or an abbreviation thereof after or under the name of the partnership, or an abbreviation thereof such as the following:
"Doe, Doe & Doe [with such designation as a firm desires to show that it is engaged in the practice of law], a Limited Liability Partnership";
In addition, the name of the limited liability partnership shall always meet the ethical standards established for the names of law firms according to the Rules of Professional Conduct for Attorneys at Law;
(ii)
The limited liability partnership shall be organized solely for the purpose of conducting the practice of law, and the conduct of the practice of law in the State of Wyoming shall be only through persons qualified to practice law in the State of Wyoming;
(iii)
The limited liability partnership may exercise the powers and privileges conferred upon limited liability partnerships by the laws of Wyoming only in furtherance of and subject to its partnership purpose;
(iv)
All partners of the limited liability partnership conducting the practice of law in Wyoming shall be persons duly licensed by the Wyoming Supreme Court to practice law in the State of Wyoming, and who at all times are partners of the limited liability partnership in their own right. They shall be individuals who, except for illness, accident, time spent in the armed services, on vacations and on leaves of absence not to exceed one year, are actively engaged in the practice of law in the Wyoming offices of the limited liability partnership;
(v)
Provisions shall be made requiring every partner who ceases to be eligible to be a partner to dispose of all of his or her ownership interest in the limited liability partnership forthwith either to the partnership or to any person having the qualifications described in subdivision (iv);
(vi)
The management of the limited liability partnership who exercise such management functions in the State of Wyoming shall have the qualifications described in subdivision (iv); lay managers shall not exercise any authority whatsoever over professional matters;
(vii)
No limited liability partnership may offer professional services or practice a profession except by and through the person or persons of its licensed partners or licensed employees, all of whom shall retain their professional licenses in good standing and shall be subject to all rules, regulations, standards and requirements pertaining to their professional activities. All partners or employees of a limited liability partnership organized or registered hereunder shall remain fully liable and responsible for their own professional activities. In all other respects, the rules of liability applicable to general limited liability partnerships shall apply to limited liability partnerships organized or registered hereunder.
(e)
Nothing in this rule shall be deemed to diminish or change the obligation of all attorneys employed by a professional corporation, limited liability partnership, or limited liability company to conduct their legal practice in accordance with the standards of professional conduct promulgated by this court; any attorney who by act or omission causes the professional corporation, limited liability partnership, or limited liability company to act or fail to act in a way which violates such standards of professional conduct, including any provision of this rule, shall be deemed personally responsible for such act or omission and shall be subject to discipline therefore.
(f)
Nothing in this rule shall be deemed to modify the attorney-client privilege specified in W.S. 1-12-101, and any comparable common-law privilege.
(g)
Except as provided by this rule, corporations, limited liability partnerships, or limited liability companies shall not practice law. Professional corporations, limited liability partnerships, or limited liability companies organized, registered and operated in accordance with the provisions of this rule shall not be deemed "lay agencies" within the meaning of the Rules of Professional Conduct for Attorneys at Law.
(h)
The corporation, limited liability partnership or limited liability company shall do nothing which if done by an attorney employed by it would violate the standards of professional conduct established for every attorney by the Wyoming Supreme Court. The corporation, limited liability partnership, or limited liability company shall at all times comply with the standards of professional conduct established by this court and the provisions of this rule. Any violation of this rule by the corporation, limited liability partnership, or limited liability company shall be grounds for the supreme court to terminate or suspend its right to practice law in this state, such action to be evidenced by an order of the court filed with the clerk of the Wyoming Supreme Court and the office of the Secretary of State, State of Wyoming.
(i)
A professional corporation, limited liability partnership, or limited liability company may adopt a pension, profit sharing (whether cash or deferred), health and accident, insurance or welfare plan for all or part of its employees including lay employees provided that such plan does not require or result in the sharing of specific or identifiable fees with lay employees. Any payments made to lay employees or into any such plan on behalf of lay employees shall be based upon their compensation or length of service, or both, rather than the amount of fees or income received.
(j)
A certified copy of the articles of incorporation, statement of registration, or articles of organization, together with all amendments thereto, shall be filed with the clerk of the Wyoming Supreme Court. At the same time, the corporation, limited liability partnership, or limited liability company shall file with the clerk a written list of shareholders, partners, or members setting forth the names and addresses of each, and within 10 days after any change in such shareholders, partners, or members a written list setting forth the new list of shareholders, partners, or members and the effective date thereof.
(Amended May 25, 1994, effective August 16, 1994; amended March 31, 2000, effective June 21, 2000; amended November 4, 2005, effective January 1, 2006.)
[+] Rule 14. Duty of board to submit lists of attorneys to Supreme Court. Immediately after the first day of December of each year, the Board of the Wyoming State Bar shall supply the clerk of the Supreme Court with the following:
(a)
A complete list of members of the Wyoming State Bar who are in good standing as of December 1st of that year;
(b)
A complete list of all attorneys who are not in good standing due to failure to pay annual dues;
(c)
A complete list of all attorneys admitted to the practice of law in this state who are retired;
(d)
A complete list of all attorneys admitted to the practice of law in this state who are known to be non-residents of this state.
Thereafter, the Board of the Wyoming State Bar shall, from time to time, promptly advise the clerk of the Supreme Court of any change in the status of any attorney whose name appears upon either of the above lists and of those who become new members of the Wyoming State Bar and have paid their dues. The Executive-Director shall submit to the Supreme Court a list of all honorary members of the Wyoming State Bar.
[+] Rule 15. Applicability of Rules. The provisions of these Rules shall be cumulative and not exclusive of the present provisions of the statutes regulating the practice of law in the state of Wyoming. Nothing contained in these Rules shall be construed to prohibit the organization and maintenance of local or county bar associations.
[+] Rule 16. Amendment of Rules. Proposals for amendment or abrogation of provisions of these Rules may be presented to the Supreme Court by petition of the Board of Commissioners or by the Executive Committee. Amendment shall be accomplished by official order of the Supreme Court.
[+] Repealing Clause. The Amended Rules Adopted by the Supreme Court of Wyoming Providing for the Organization and Government of the Bar Association of the Attorneys at Law of the State of Wyoming as adopted November 26, 1957 as constituting a chapter in Volume 2A, Wyoming Statutes 1957 as amended and Bylaws of the Wyoming State Bar as dated June 3, 1983 as constituting a chapter in Volume 2A, Wyoming Statutes 1957 as amended are hereby superceded and repealed in total as effective June 1, 1989.
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