How Does an Attorney Apply for Pro Hac Vice Admission in California?
WHAT IS THE PROCESS TO GAIN PRO HAC VICE ADMISSION IN CALIFORNIA?
An attorney licensed in a U.S. state or territory other than California, who wishes to appear as counsel on a pro hac vice basis in a California superior court must file (a) a verified application and (b) proof of service by mail showing that a copy of the application and the notice of hearing on the application for pro hac vice admission have been served on (i) all parties who have appeared in the matter and (ii) the State Bar of California’s San Francisco office.
WHAT MUST THE APPLICATION FOR PRO HAC VICE ADMISSION CONTAIN?
The requirements for an application for pro hac vice admission are contained in Rule 9.40(d) of the California Rules of Court.
Specifically, the attorney’s application must include:
(1) The applicant’s residential and office addresses;
(2) The courts to which the applicant has been admitted to practice, and the dates of admission;
(3) A statement that (as of the application date) the applicant is a licensee in good standing in each of those courts;
(4) A statement that the applicant is not currently suspended in or disbarred from in any court;
(5) The names of each court and matter in which the applicant has filed an application to appear pro hac vice in California during the past two years, along with the date of each application and a statement as to whether or not the application was granted; and
(6) The name, address, and telephone number of the California attorney who has agreed to serve as attorney of record.*
While the application process is fairly straightforward, the court’s decision whether or not to grant pro hac vice admission is made on a facts and circumstances basis. Out of state counsel seeking admission to practice in California for purposes of a given case or controversy should be aware that various factors–including the number of previous pro hac vice admissions–may influence the court’s decision.
An application for pro hac vice admission should be made in a timely manner, and in sufficient detail for the court to evaluate the petition properly. Applicants should also consider the length of time required for the court to consider and rule on an application, and should file sufficiently in advance to ensure that the client’s case and rights are not compromised by any court delays.
*RossLaw serves as the California attorney of record for pro hac vice admissions in appropriate cases and circumstances. Please feel free to contact our office for more details.
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