cbaReport-July13 - page 5

July 2013 CBA REPORT
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5
cover article
I
I
n today’s interconnected economy,
many lawyers find that their clients’
needs increasingly require them
to perform tasks outside of their home
states. If you are one of those attorneys,
you need to consider several factors
before engaging in multi-jurisdictional
practice, including: whether temporary
admission is necessary, whether it is nec-
essary to retain local counsel, whether
your work in another state is significant
enough to require permanent bar mem-
bership, and whether you should instead
refer the client or case to
a lawyer licensed in that
state. The nature of the
representation and par-
ticularities of the host
state’s laws and rules of
practice can help you
determine what steps are
necessary before you can safely and ethi-
cally venture out of Ohio.
The rules of the host forum govern
what is required of a lawyer who seeks
to temporarily practice in another state.
Following the rules is critical, because
unauthorized practice of law (UPL)
can result in fines, suspension, or even
disbarment.
1
The first step is determin-
ing which jurisdiction will be regulating
the representation and seeking out the
appropriate rules. Typically, local court
rules or laws require lawyers appear-
ing before decision-makers within the
court system to be admitted to practice
in the forum or be admitted
pro hac vice
(PHV)
.
However, in certain situations,
you may not need prior approval before
engaging in out-of-state work.
State and Federal Courts — How
to Seek Pro HacVice Admission
Out-of-state lawyers generally must
seek PHV admission before appearing in
state or federal courts. “
Pro hac vice”
is
Latin for “for this turn.” The term refers
to a lawyer’s temporary admission before
a tribunal for a single litigation matter.
2
PHV admission is temporary. It expires
at the conclusion of the matter, although
many state and federal jurisdictions re-
quire separate PHV admission for cases
that reach the appellate level.
Each forum has its own rules and
procedures for PHV admission. Usu-
ally, the first step in seeking admission is
to file a motion (Motion for Admission
Pro Hac Vice). Some states also require
separate filings with the state bar or state
supreme court. Some states require PHV-
admitted lawyers to pay annual bar fees,
3
while others charge a one-time fee that
covers admission for the duration of the
case.
4
In Kentucky, for example, the rules
require visiting lawyers to submit an
Out-of-State Certification Request Form
to the Kentucky Bar Association along
with a filing fee (currently $270.00).
5
Typically, the out-of-state lawyer must
also attach with his/her PHV motion
an affidavit of good standing or a recent
Certificate of Good Standing from the
lawyer’s state of licensing.
6
Most states require that the out-of-
state lawyer have a sponsoring local
counsel who is licensed in that jurisdic-
tion.
7
Local counsel is often responsible
for filing the PHV motion and all sub-
sequent motions on the visiting lawyer’s
behalf. The local rules or the court’s
order granting PHV admission might in-
clude additional restrictions, sometimes
requiring local counsel to review, sign, or
even file all pleadings, and to attend all
court appearances and depositions.
8
Refer to each state’s supreme court’s
website or to ABA pub-
lications online for links
to individual state rules
of practice.
9
Note that
some state courts limit
the number of matters a
lawyer can appear in per
year.
10
Most state courts
also do not permit lawyers to seek PHV
admission in a state where the lawyer
resides, but is not licensed. For instance,
an Ohio-admitted lawyer who resides in
Florida (aka “South Ohio”) and who is
not admitted to the Florida Bar, cannot
seek PHV admission in Florida state or
federal courts.
11
You may also be required
to report and pay state taxes to the host
state on income earned while working on
the case.
12
If a lawyer is admitted PHV in a
suit in state court, and then that case is
removed to federal court, that lawyer
also will need to obtain admission from
the federal court to continue handling
the case. Federal courts are not subject
to state law and set their own admission
requirements, although some district
courts still require admitted lawyers to
By Andrew Furey and Alexander Linser
Have Ohio License —
Will Travel
What you need to know when your practice takes you out of state
Most states require that the out-of-state
lawyer have a sponsoring local counsel
who is licensed in that jurisdiction.
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