“Pro hac vice” allows an attorney to practice in a specific case despite not being licensed by the regional bar association. A formal “pro hac vice subpoena” must be filed with the court, and the court reserves the right to deny such applications. Attorneys may appear side-by-side with local attorneys to ensure the case runs smoothly.
The Latin term “pro hac vice” literally means “for this turn”. It is used in a court of law to refer to a situation where an attorney is authorized to practice in a specific case despite not being licensed by the regional bar association. In most cases, this situation arises when an attorney from another state requests permission to practice pro hac vice because he is advising on a case.
When an attorney wishes to practice pro hac vice, a formal “pro hac vice subpoena” must be filed with the court, usually by a sponsoring attorney who has been admitted to the bar in the state or region in which the court is located. Your application may need to include a statement from the attorney’s local bar that he or she is a member in good standing, and you may need to pay a filing fee for the court to consider the motion.
Filing a motion to appear pro hac vice does not guarantee that the motion will be successful. The court reserves the right to deny such applications, for a wide variety of reasons. More classically, an attorney appears pro hac vice because he or she has just moved to a new state and intends to apply for the bar but wishes to begin practice immediately, or because an out-of-state attorney has been hired for his or her expertise in a particular case type.
When attorneys relocate to new states, they usually try to contact their local attorney as soon as possible, often before relocating, to minimize disruption to their legal practices. Some states also offer bar reciprocity, which means that lawyers from one state can practice in another, or take an abbreviated version of the bar exam to be admitted to the bar of a participating state. It is also possible to take the multistate bar exams, which will allow the lawyer to practice law in several states if the exam and background checks are passed.
Commonly, attorneys appearing pro hac vice appear side-by-side with local attorneys. Local attorneys are generally more knowledgeable about regional law and may be used to working with the judge and courtroom staff. They can ensure that the case runs reasonably smoothly and that the visiting attorney does not make any mistakes that could lead to problems with the trial or verdict.
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