What Is an Application to be Admitted Pro Hac Vice?

General Definition

An application to be admitted pro hac vice is a request made by an attorney who is not licensed to practice law in a specific jurisdiction, seeking permission to represent a client in a particular case within that jurisdiction. The application is submitted to the court presiding over the case, and if granted, allows the attorney to temporarily practice law in that jurisdiction solely for the duration of the case. Understanding pro hac vice admission is important for grasping the intricacies of legal representation and the mechanisms that enable attorneys to represent clients across state lines. (Admission Pro Hac Vice, Black's Law Dictionary, 11th ed. 2019, available at Westlaw.)

Overview of State Court Authorities

California

“It is common practice... to permit upon request an attorney holding a license to practice law from one state to appear in the courts of a sister state, and there take part in the trial of an action pending in said courts.” (In re Application of McCue (1930) 211 Cal. 57, 67.) No person is eligible to appear as counsel pro hac vice under this rule if the person is: (1) a resident of the State of California; (2) regularly employed in the State of California; or…

Florida

“Florida Rule of Judicial Administration 2.510(a) requires a foreign attorney seeking pro hac vice admission to file a verified motion to appear. A legally sufficient motion is one that complies with the requirements of rule 2.510(b) and the form provided therein.” (Trans Health Mgmt., Inc. v. Webb (2013) 132 So. 3d…)

New York

Section 520.11 of the Rules of the Court of Appeals governs the admission of an attorney pro hac vice. (22 CRR-NY § 520.11.) “No attorney may be admitted pro hac vice” to participate “in pre-trial or trial proceedings unless he or she is associated with an attorney who is…”

Texas

A sworn motion pro hac vice is for use by an out-of-state attorney not admitted to practice in Texas to request admission to appear before a Texas court in a particular case. (Tex. Gov’t Code § 82.0361). A reputable attorney, licensed in another state or foreign jurisdiction but not in Texas, who resides outside of Texas, can seek permission to participate in the proceedings of a particular cause in a Texas court by complying with the requirements of Government Code Section 82.0361 concerning payment of…

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