Key Takeaways
- Pro hac vice admission allows attorneys not licensed in a specific jurisdiction to represent clients in that jurisdiction for a particular case, provided they meet procedural requirements and obtain court approval.
- The process and requirements for pro hac vice admission vary significantly by state and court, including differences in application forms, fees, local sponsoring counsel, and ethical obligations.
- Strict compliance with local rules and procedures is essential for successful pro hac vice admission, and attorneys should always consult the relevant court or bar association’s official guidance before seeking admission.
Introduction to Pro Hac Vice
Pro hac vice is a Latin phrase meaning “for this occasion” or “for this event.” In the legal context, it refers to a practice where an attorney who is not licensed to practice law in a particular jurisdiction is granted permission by a court to participate in a specific case in that jurisdiction. This mechanism is especially important in the United States, where each state—and often each court—has its own bar admission requirements. Pro hac vice admission ensures that clients can retain counsel of their choice, even if that counsel is based out-of-state, while still protecting the integrity and standards of the local legal system.
For a comprehensive definition, the Legal Information Institute at Cornell Law School offers an overview, explaining that pro hac vice adds an attorney to a case in a jurisdiction where they are not otherwise licensed to practice.
The Purpose and Importance of Pro Hac Vice
The pro hac vice process serves several important functions:
- Client Choice: It allows clients to be represented by attorneys with specific expertise or with whom they have an established relationship, even if those attorneys are not licensed in the state where the case is being heard.
- Judicial Efficiency: Courts benefit from the expertise of specialized counsel, especially in complex or multi-jurisdictional matters.
- Local Oversight: By requiring local sponsorship and court approval, the process maintains the standards of the local bar and ensures accountability.
Without pro hac vice, clients would be limited to local counsel, potentially missing out on specialized knowledge or established legal relationships.
General Process for Pro Hac Vice Admission
Typical Requirements
While every jurisdiction has its own rules, the general requirements for pro hac vice admission often include:
- Application or Motion: The out-of-state attorney must file a formal request (often called a motion) with the court where the case is pending.
- Local Sponsoring Counsel: Most courts require the out-of-state attorney to associate with a local attorney who is admitted to practice in that jurisdiction.
- Good Standing: The applicant must be in good standing in all jurisdictions where they are licensed.
- Fees: Payment of an application or admission fee, which varies by jurisdiction.
- Affidavit or Declaration: Submission of an affidavit attesting to the attorney’s qualifications, licensure, and disciplinary history.
- Court Approval: The court reviews the application and, if satisfied, issues an order granting pro hac vice admission.
Jurisdictional Variations
California
The State Bar of California requires out-of-state attorneys to file a motion with the court, pay a fee, and meet specific requirements. The process ensures that the attorney is of good moral character and that local counsel is responsible for compliance with state rules.
Ohio
In the Northern District of Ohio, a written or oral motion and a $120 admission fee are required. The local rules specify the format and timing of the application.
Georgia
Attorneys must file a notarized application with the court and send a copy plus fees to the Office of the General Counsel of the State Bar of Georgia.
New York
The New York State Unified Court System allows attorneys to apply ex parte (without notifying the other party) for admission pro hac vice, but strict documentation and local sponsorship are required.
Arizona
The State Bar of Arizona outlines a process for attorneys in good standing elsewhere to apply for pro hac vice admission. The application must be accompanied by a certificate of good standing and a fee.
Texas
The Western District of Texas accepts both electronic and paper motions for pro hac vice admission.
Wisconsin
The Wisconsin Court System requires a $250 application fee, which can be paid online, and submission of relevant documents.
North Dakota
In North Dakota, all nonresident lawyers must apply for pro hac vice admission if they are not licensed in the state.
Washington
The Washington State Bar Association provides a detailed process, including application forms and local counsel requirements.
West Virginia
Attorneys can apply to appear as counsel pro hac vice in any case before a court or administrative agency in West Virginia.
Colorado
The Colorado Supreme Court allows out-of-state attorneys to appear if they meet specific criteria and file the necessary paperwork.
New Mexico
Federal pro hac vice petitions in New Mexico are processed through the US District Court.
Utah
The Utah State Bar has an online portal for pro hac vice applications, streamlining the process.
Common Elements and Notable Differences
Sponsoring or Local Counsel
Most jurisdictions require a local attorney to act as sponsoring counsel. This attorney is responsible for ensuring the out-of-state attorney complies with local rules and can be held accountable for any violations. The degree of responsibility and required involvement of local counsel varies by jurisdiction.
Limitation on Number of Appearances
Some states limit how many times an attorney can be admitted pro hac vice in a given period. For example, certain states may only allow a set number of appearances per year to prevent attorneys from circumventing local bar admission requirements.
Fees and Costs
Application fees can range from under $100 to several hundred dollars, as seen in Wisconsin and other states. These fees are typically non-refundable and must be paid with each application.
Ethical and Disciplinary Obligations
Attorneys admitted pro hac vice are generally subject to the same ethical rules and disciplinary authority as local attorneys. Many jurisdictions require disclosure of any past or pending disciplinary actions in any jurisdiction.
Practical Considerations for Attorneys
Advance Preparation
Attorneys seeking pro hac vice admission should review the local court’s rules well in advance. Missing a deadline or failing to include required documentation can delay or prevent admission.
Working with Local Counsel
A strong relationship with local counsel is essential. Local counsel can guide the out-of-state attorney through procedural nuances and ensure compliance with all local standards.
Ongoing Obligations
Once admitted, pro hac vice attorneys must keep the court and local counsel informed of any changes in their standing or contact information. They must also comply with all court orders and local rules throughout the case.
Conclusion
Pro hac vice is a vital mechanism for ensuring that clients have access to the legal representation of their choice, while also maintaining the standards and oversight of the local bar. The process is highly jurisdiction-specific, and attorneys must be diligent in following the precise requirements of each court or state bar. As legal practice becomes increasingly national and even global, understanding pro hac vice admission is essential for attorneys handling cross-border matters.
For legal professionals seeking authoritative, up-to-date legal research and guidance on pro hac vice and other complex topics, visit Counsel Stack.
Disclaimer: This guide is intended for informational purposes only and does not constitute legal advice. Pro hac vice rules and procedures vary by jurisdiction and may change over time. Always consult the relevant court or bar association for the most current and applicable requirements.
