Pro hac vice is a Latin term “for this occasion” or “for this event.” A pro hac vice lawyer is one that has been added to a case in a jurisdiction they are not licensed to practice in. In order for an attorney to be admitted onto a case pro hac vice, they must meet two requirements: 1. Be vouched for by a local attorney, and 2. Swear to abide by the rules according to the state. Each state then has their own rules regarding pro hac vice lawyers. Pro hac vice admission is usually used as a way for lawyers who specialize in a certain subject matter to be given the opportunity to practice outside of their state. Another reason to use a pro hac vice lawyers is if someone is involved in a case outside of their state, they may want to bring their lawyer with them. Pro hac vice is allowed in every jurisdiction, but civil law has much stricter rules.
Are you looking for the assistance of a pro hac vice lawyer? The best way would be to go through one of your local attorneys. Here at California Labor Law Employment Attorneys Group, we can help you find a trusted pro hac vice lawyer to help take on your case. California has very specific steps to take in order to admit someone into a court pro hac vice. The lawyer that you want to take on your case pro hac vice must first petition the California court that your trial is at in order to appear on behalf of you. To file with the court, the attorney must include documents with the following information:
- Court case name and number
- Court name
- Declaration with their name, home and business address, and where they are licensed to practice
- Declaration of bas licensing status from their home state
- Name, phone number, address, and bar number of the California attorney of record
A copy of the court filing must also be sent to the State Bar’s San Francisco office for processing. The State Bar will keep the documents on file, but they do not make the decision to accept or deny an attorney. That is a decision made by the court that the pro hac vice lawyer files to. There is a filing fee of $50. The address for the State Bar’s San Francisco office is:
Pro Hac Vice Program
Office of Special Admissions
The State Bar of California
180 Howard St.
San Francisco, CA 94105
Pro hac vice attorney in California
For a lawyer to appear pro hac vice in California, they must be involved in a California state case, Federal cases are not within California’s jurisdiction. While there is no official rule as to how many times a lawyer can appear pro hac vice, it’s suggested the rule is not abused, and being accepted on to an out-of-state case is always up to the discretion of the court. Each state has their own rules regarding pro hac vice lawyers. Alabama, Arkansas, District of Columbia, Florida, Michigan, Mississippi, Montat, Nevada, New Mexico, Ohio, Rhode Island, and Virginia all have limits for the number of pro hac vice appearances an attorney can have. All these states have decided a lawyer can only appear pro hac vice 3 times per year. But like mentioned earlier, California does not limit how many time a lawyer practices pro hac vice, but it is important to take into consideration how many times they have appeared pro hac vice prior, because it may affect the court’s decision.
Who can appear pro hac vice in California?
An attorney is not eligible to appear in court pro hac vice if …
- They are a resident of California;
- Are regularly employed in California; or
- Are regularly engaged in substantial business in California
It must be noted that if an attorney plans on moving the California, they cannot serve pro hac vice on a California case.
In order for a lawyer from out of state to participate in a trial, the lawyer must be in good standing to practice before the bar of any US court, and the attorney of record, meaning the local attorney, must have an active license of the State of California Bar. All the experienced attorneys at our firm have active licenses, and can act as attorneys of record for a pro hac vice lawyer that you’d like to use. It will depend on the court, whether or not the local attorney must appear in court or not. Remember, any lawyer that is not licensed to practice law in the state of California and does not have an attorney of record is in violation of California Business and Profession Code 6125. Also, only members of the California state Bar can recover compensation for services as an attorney. A violation of Code 6125 is a misdemeanor. If you need a attorney of record to refer a pro hac vice lawyer, come in to our offices to find out more about how we can get the process started with involving a pro hac vice lawyer of your choice.
One exceptions to the rule that a pro hac vice lawyer must be in association with a California State Bar licensed attorney of record are in the scenarios of representing an Indian tribe in a child custody proceeding governed by the Indian Child Welfare Act. Also, if pro hac vice lawyer tries to repeat their appearance in such a case, their application may be denied.
Pro hac vice lawyer
The use of a pro hac vice lawyer in the United States extends all the was back to 1876, but have origins to the English courts tracing all the was to 1629. If you are part of the 15% of lawsuits in the United States yearly that involve the use of a pro hac vice attorney, then one of our attorney can assist you in this process. Maybe you want your out of state attorney to represent you, or maybe you know of an out of state lawyer that specializes in the particular jurisdiction your case fall under, no matter the reason we will accommodate your need to the best of our ability.
Or, if you don’t know where to look, and you need help finding a competitive pro hac vice lawyer to take on your case, come in for a free consultation. You can sit down with one of our experienced lawyers for free, and walk away with a better understanding of how you should proceed with your case. California Labor law Employment Group is here to assist you in any way possible and without any kind of financial burden. There are no upfront fees for us to take on your case, and you will only be charged if we win your case. Our goal is not to take from you. We will happily work alongside a pro hac vice lawyer, just give us a call to get started today.