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Civil Procedure Pro Hac Vice: A Guide to Out-of-State Legal Representation
Definition & Meaning
Pro hac vice is a legal term that allows an attorney licensed in one state to participate in a specific case in another state where they are not licensed. This permission is granted for that particular case only, hence the Latin phrase meaning "for this occasion only." Typically, an out-of-state lawyer must submit an application to the court, and they may need to work alongside a local attorney who is licensed in that jurisdiction.
Table of content
Legal Use & context
Pro hac vice is commonly used in various areas of law, including civil, criminal, and family law. This term is particularly relevant when a case involves specialized knowledge or expertise that an out-of-state attorney possesses. Users can often manage the application process themselves by utilizing legal templates available through resources like US Legal Forms, which are drafted by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, an attorney from California may apply for pro hac vice status to represent a client in a civil trial in New York. They must submit the necessary application and may need to partner with a New York-based attorney to fulfill the court's requirements.
(Hypothetical example) An attorney specializing in environmental law from Texas might seek pro hac vice admission in Florida to represent a client in a case involving state-specific regulations.
State-by-state differences
State
Requirements for Pro Hac Vice
California
Requires a motion and declaration of good standing.
New York
Requires sponsorship by a local attorney and a $350 fee.
Texas
Requires a motion and may involve a hearing.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Admission
The process of being granted a license to practice law in a jurisdiction.
Pro hac vice is temporary and case-specific, while admission is permanent.
Local Counsel
An attorney licensed to practice in a specific jurisdiction.
Local counsel must be associated with an out-of-state attorney seeking pro hac vice.
Common misunderstandings
What to do if this term applies to you
If you need to have an out-of-state attorney represent you in a local case, they should submit a pro hac vice application to the court. You can find helpful legal forms and templates on US Legal Forms to assist with this process. If the situation is complex, it may be wise to consult a legal professional for tailored advice.
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