For purposes of this article, a "qualified attorney" means an individual who is not admitted to practice law in this state but is all of the following:
§ 1297.185."Qualified Attorney" Defined
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 5. Manner and Conduct of Arbitration · Article 1.5. Representation by Foreign and Out-of-State Attorneys · Enacted 2018 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.185 defines a “qualified attorney” as someone not admitted to practice law in California who is admitted or authorized to practice in another U.S. jurisdiction or recognized foreign legal profession, subject to effective regulation and discipline there, and in good standing everywhere admitted.
Full Text of § 1297.185
(a) Admitted to practice law in a state or territory of the United States or the District of Columbia or a member of a recognized legal profession in a foreign jurisdiction, the members of which are admitted or otherwise authorized to practice as attorneys or counselors at law or the equivalent.
(b) Subject to effective regulation and discipline by a duly constituted professional body or public authority of that jurisdiction.
(c) In good standing in every jurisdiction in which he or she is admitted or otherwise authorized to practice.
Plain-English Summary
This section opens the article that lets out-of-state and foreign lawyers work on international arbitrations in California without a California law license, by defining exactly who qualifies for that treatment. A “qualified attorney” is someone not admitted to practice law in this state, but who meets three separate conditions.
First, the attorney has to be admitted to practice law in a U.S. state or territory or the District of Columbia, or belong to a recognized legal profession abroad whose members are authorized to practice as attorneys or the equivalent. Second, that home jurisdiction has to subject the attorney to effective regulation and discipline by an actual professional body or public authority -- not an honor-system credential with no teeth behind it. Third, the attorney has to be in good standing in every jurisdiction where admitted or authorized to practice, not just the primary one. All three conditions have to hold before the protections and permissions in the rest of this article apply.
Frequently Asked Questions
Does a “qualified attorney” need a California law license?
No -- the definition specifically covers an individual not admitted to practice law in California.
Can a member of a foreign legal profession qualify, not just a U.S.-licensed lawyer?
Yes -- membership in a recognized legal profession abroad, where members are authorized to practice as attorneys or the equivalent, satisfies this part of the definition.
What if the attorney is in good standing in one jurisdiction but not another where also admitted?
The definition requires good standing in every jurisdiction where the attorney is admitted or otherwise authorized to practice, not just one.
Amendment History
Added by Stats 2018 ch 134 (SB 766),s 1, eff. 1/1/2019.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: qualified attorney definition california arbitrationforeign attorney arbitration california