Iowa Pro Hac Vice Admission
Iowa Court Rule 31.14 provides the rule regarding admission for attorneys licensed in other jurisdictions who are seeking pro hac vice admission.
Eligibility
“Out-of-state attorneys” are not admitted in Iowa but are admitted in another state or territory of the United States or the District of Columbia or they are licensed to practice as a foreign legal consultant in any state or territory of the United States or the District of Columbia. Attorneys cannot be disbarred or suspended from practice in any jurisdiction.
Out-of-state attorneys are eligible for pro hac vice admission if:
- The attorney lawfully practices solely on behalf of the lawyer’s employer and its commonly owned organizational affiliates, regardless of where the lawyer may reside or work.
- The attorney does not reside in Iowa nor is regularly employed at an office in Iowa.
- The lawyer resides in Iowa, but lawfully practices from offices in one or more states and practices no more than temporarily in Iowa, whether through pro hac vice admission or in another lawful way.
Attorneys may practice as counsel of record or in an advisory or consultative role.
If practice before an Iowa agency is limited to lawyers, the agency may use the same pro hac vice standards and procedures. Pro hac vice admission is limited to the particular court or agency proceeding for which it was granted, and out-of-state attorneys must separately seek admission pro hac vice in any subsequent district or appellate court proceeding.
Attorneys may only appear pro hac vice in Iowa in five proceedings within the preceding two years, unless the out-of-state lawyer can show good cause exists for admission.
Practice
Attorneys must appear with an Iowa lawyer who is not suspended or disbarred in Iowa. The Iowa lawyer will be co-counsel or counsel of record, and he or she remains responsible to the client and for the conduct of the proceeding. The Iowa lawyer must appear of record together with the out-of-state attorney, actively participate in the proceeding, accept service on behalf of the out-of-state lawyer, and advise the client of his or her independent judgment on contemplated actions in the proceeding if that judgment differs from the out-of-state attorney’s judgment.
Attorneys are subject to the authority of the Iowa courts, agencies, and the Iowa Supreme Court Disciplinary Board for all conduct relating in any way to the proceeding. This includes conduct that occurs within Iowa while the proceeding is pending or arises out of or relates to the application or the proceeding. Attorneys who do not follow the pro hac vice procedures are engaged in the unauthorized practice of law. If an out-of-state lawyer reasonably expects to be admitted pro hac vice, the attorney may provide legal services that are in or reasonably related to a pending or potential proceeding before an Iowa court or agency.
Application
Attorneys are required to file a Verified Application with the court or agency with proof of service on all parties who have appeared in the proceeding. A party may file an objection or seek the imposition of conditions for the pro hac vice admission. If the application has already been granted, the party may move for the revocation of the admission.
It is within the court or administrative agency’s discretion whether to grant or deny the pro hac vice admission. Applications should ordinarily be granted unless the court or agency finds one of the following:
- The admission of the out-of-state attorney pro hac vice may be detrimental to the prompt, fair, and efficient administration of justice.
- The admission of the out-of-state attorney pro hac vice may be detrimental to legitimate interests of parties to the proceedings other than a client the out-of-state lawyer proposes to represent.
- One or more of the clients the out-of-state lawyer proposes to represent may be at risk of receiving inadequate representation and cannot adequately appreciate that risk.
- The out-of-state lawyer has appeared pro hac vice in Iowa in five proceedings within the preceding two years, unless the out-of-state lawyer can show good cause exists for admission.
The pro hac vice admission may be revoked for any of the above reasons.