The Latin term “pro hac vice” means “for this occasion / event.” You may have heard this term in reference to a pro hac vice lawyer. This is an attorney who is handling a case in a jurisdiction that they are not licensed to practice in. For a lawyer to be added on pro hac vice, two requirements must be satisfied:
- They need to be vouched for by a lawyer who is licensed to practice in said jurisdiction
- They must swear to comply with the corresponding state’s laws.
Please note that each state has its own rules on pro hac vice lawyers. Admission of a lawyer under this system allows attorneys specializing in a specific area to practice outside of their state. Alternatively, the client retains an attorney in one state, and they wish to continue representation from this lawyer when the case moves out of state. Every state allows the addition of lawyers from outside their jurisdiction, but the rules for how this is done will vary from one state to another.
Do you need assistance from a pro hac vice lawyer? Please consider a free consultation with the legal experts of California Labor Law Employment Attorneys Group. We are happy to help you find legal representation and take care of the steps to admit your attorney into court pro hac vice. In order for a lawyer to take your case pro hac vice, they must petition the court system in order to appear on your behalf. This would be the California court where your trial is scheduled, and the applying attorney must supply the following information:
- The court name
- Case name and number
- A declaration with their name, business / home address, and the jurisdiction where they are licensed to practice
- Declaration of licensing status with the Bar Association of their home state
A copy of the application with the court must be submitted to the State Bar office in San Francisco. The State Bar keeps all requests on file, but they have no say in whether a pro hac vice application is accepted or denied. So, it is solely on the individual courts to approve a claimant’s request to add an out-of-state lawyer to their case. The State Bar’s address in San Francisco is:
Pro Hac Vice Program
Office of Special Admissions
The State Bar of California
180 Howard St.
San Francisco, CA 94105
Pro Hac Vice Lawyer for a Case in California
Please be aware that federal court cases are not within state jurisdiction. That means a lawyer cannot appear pro hac vice in California for a federal case. Additionally, it’s completely up to the court’s discretion as to whether an attorney is allowed to handle a case out of state. Lawyers must also exercise discretion in how many times they ask to be added on pro hac vice, and some states have rules on the number of times one can represent a client outside of their practicing area. States with limits for pro hac vice appearances include Alabama, Florida, Michigan, New Mexico, Virginia, and the District of Columbia. This is not a comprehensive list, but states with pro hac vice limits generally allow 3 appearances per year. There is no such limit in California, but attorneys are advised to exercise discretion and consider if repeated pro had vice appearances can impact the court’s decision.
Requirements to Appear Pro Hac Vice in California
A lawyer is not eligible for a pro hac vice appearance in California if they are:
- A resident of California
- Have regular employment in California or conduct substantial business in the state
- If they plan on moving to California
The lawyer must also be in good standing before the bar of any U.S. court, and the local attorney vouching for them must be actively licensed by the State Bar. Each court will decide if an appearance by the local attorney is needed. The lawyers at our practice can act as the attorney of record if you would like to use a pro hac vice lawyer.
Out of state lawyers that fail to find a sponsoring attorney are in violation of California Business and Profession Code 6125. This is a misdemeanor, so it’s essential that you find a state lawyer in good standing right away. Contact our law firm today for more information on applying for a pro hac vice appearance by a lawyer outside of California.
One exception to the rule about sponsoring attorneys licensed in California has to do with child custody cases that are governed by the Indian Child Welfare Act. So, cases representing an Indian tribe have certain considerations that can affect your rights and subsequent legal proceedings.
Finding a Pro Hac Vice Lawyer
The practice of using a pro hac vice lawyers began in 1876, but its origins go back to 1620 in the English courts. Around 15% of lawsuits in the U.S. involve pro hac vice attorneys, and this is a significant chunk of all lawsuits that are brought before the court system. Are you interested in having an out of state lawyer represent you in a California case? If so, contact our office for help in applying for a pro hac vice attorney.
We know that legal requirements are complicated enough as is, but this is particularly true when your case is being tried in a different state. During a free consultation, we can answer all your questions and help you develop a plan of action. We are here 24 hours a day, 7 days a week to provide legal advice, and if you wish to retain our services, we charge nothing upfront under the Zero Fee Guarantee. We only ask for legal fees upon the recovery of your settlement, so if we do not win your case, you owe us $0.
To talk to a lawyer who can sponsor a pro hac vice appearance on your behalf, give us a call at your earliest convenience.
