New York Pro Hac Vice

Section 520.11 of the Rules of the Court of Appeals for Attorney Admission provides the general rule regarding admission for attorneys licensed in other jurisdictions who are seeking pro hac vice admission. Attorneys must also consult the rules and procedures for the particular New York Appellate Division Judicial Department where they seek pro hac vice admission as well as the clerk of court.

Overall, the rules allow for an 18-month pro hac vice period for certain types of attorneys. These attorneys include corporate counsel, district attorneys and attorneys general, attorneys working for legal services organizations, graduate students and graduate assistants, and law school professors.

General Rule – § 520.11

General Eligibility
All attorneys must be members in good standing in another state, territory, district or foreign country.

The court of record, in its discretion, may grant pro hac vice admission. Attorneys must associate with an attorney who is a member in good standing of the New York Bar, who must be the attorney of record in the matter, before being admitted pro hac vice and participating in pre-trial or trial proceedings.

Corporate Counsel, District Attorney/Attorney General, Legal Services Organizations.
The Appellate Division, in its discretion, provided the attorney graduated from an approved law school, may allow attorneys to advise and represent clients and participate in any matter during the continuance of the attorney’s employment or association with an organization described in Subdiv. 7 of Sec. 495 of the Judiciary Law (Legal Services Organizations) or during employment with a District Attorney, Corporation Counsel, or the Attorney General. The legal services organizations include organizations that offer prepaid legal services; non-profit organizations whether incorporated or unincorporated, organized and operating primarily for a purpose other than the provision of legal services and which furnish legal services as an incidental activity to further their primary purpose; or to organizations that have as their primary purpose the furnishing of legal services to indigent persons. The representation cannot last longer than 18 months.

Graduate Students and Graduate Assistants.
The Appellate Division, in its discretion, may allow graduate students or graduate assistants at approved law schools in New York may be admitted pro hac vice. Eligible graduate students and assistants may advise and represent clients or participate in any matter during the continuance of the individual’s enrollment as a graduate student or assistant in an approved law school in New York.  Applicants must be in good standing as an attorney and counselor-at-law or the equivalent of the bar of another state, territory, district, or foreign country. Applicants must be engaged to advise or represent the client through participation in an organization described in Subdiv. 7 of the Sec. 495 of the Judiciary Law (Legal Services Organizations – See Above) or during employment with a District Attorney, Corporation Counsel, or the Attorney General. The representation cannot last longer than 18 months.

Practice
Attorneys must be familiar with, and comply with, the standards of professional conduct imposed upon members of the New York Bar. This includes the rules of court governing the conduct of attorneys and the Rules of Professional Conduct. Attorneys are also subject to the jurisdiction of New York courts with respect to any acts occurring during the course of the attorney’s participation in the matter.

First Judicial Department

Section 602.2 (Admission pro hac vice of foreign attorneys and counselors at law) of the First Judicial Department Rules of Procedure provides the rule regarding admission for attorneys licensed in other jurisdictions who are seeking pro hac vice admission.

Attorneys must be admitted in another state, territory, district or foreign country and may
be admitted pro hac vice to participate in the trial or argument of a particular cause where the attorney is employed.  It is within the court’s discretion whether to admit the attorney pro hac vice.

Second Judicial Department

Section 670.6(e) (Motions for admission pro hac vice) of the Second Judicial Department Rules of Procedure and Instructions provide the rule and procedures regarding admission for attorneys licensed in other jurisdictions who are seeking pro hac vice admission.

The local New York lawyer must appear with the attorney on the appeal or proceeding and will be the person upon whom all papers in connection with the cause are served.

Attorneys must file a motion and petition. The petition must state that the applicant meets the eligibility requirements for pro hac vice admission according to § 520.11(a)(2) or (b).  The petition must:

• Set forth the facts concerning the applicant’s admission to the bar in another jurisdiction or jurisdictions and his or her professional experience since admission;
• State whether the applicant has ever been the subject of any arrest, charge, or conviction for any felony or misdemeanor, and if so, provide a statement of the underlying facts in detail;
• State whether the applicant has ever taken the New York State bar exam.  If so, the number of times he or she sat for the exam, the date of the exam, and the result.
• State that the applicant is familiar with and shall comply with the standards of professional conduct imposed upon members of the New York bar, including the rules of court governing the conduct of attorneys and the Rules of Professional Conduct.

The application must also include:

• Certificates, issued within 30 days of the date of the verification of the petition, that attest to the applicant’s good standing at the bar of each jurisdiction in which he or she is admitted.
• A letter from the grievance committee or body entertaining complaints against lawyers of each jurisdiction in which the applicant is admitted stating whether any charge or complaint has ever been filed against him or her. If so, the substance of such charge or complaint and the disposition thereof.
• A current resume.
• For attorneys applying as (or in association with) corporate counsel, district attorney/attorney general, or legal services organizations, such attorneys must include:
  • A certificate from an approved law school stating that the attorney is a graduate.
  • An affidavit from an officer of the organization by which the applicant is or will be employed or associated establishing that it is an organization described in Judiciary Law § 495(7) that has duly filed the statement required by Judiciary Law § 496, or from an officer of the office of a district attorney, corporation counsel, or the Attorney-General in which the applicant is or will be employed, setting forth the nature of the legal services to be performed by the applicant and certifying that his or her employment or association pursuant to the admission pro hac vice will not extend beyond 18 months from the date of the court’s order granting the application.
• For graduates, graduate assistants, and law school teachers, the application must include:
  • A certificate from an approved law school stating that the applicant is enrolled as a graduate student or graduate assistant or is employed as a law school teacher.
  • A certificate from an approved law school stating that the applicant is enrolled as a graduate student, or graduate assistant, or is employed thereby as a law school teacher; and,
  • An affidavit from an officer of the organization by which the applicant is or will be engaged to advise or represent clients establishing that it is an organization described in Judiciary Law § 495(7) that has duly filed the statement required by Judiciary Law § 496, or from an officer of the office of a district attorney, corporation counsel, or the Attorney-General in which the applicant is or will be employed, setting forth the nature of the legal services to be performed by the applicant and certifying that his or her engagement or employment pursuant to the admission pro hac vice will not extend beyond 18 months from the date of the court’s order granting the application.

The application will be presented to the court. If approved, an order will be entered granting the application and authorizing the applicant’s admission to practice pro hac vice during the continuance of his or her employment by, or engagement or association with, a legal services office, or office of a district attorney, corporation counsel, or the Attorney-General, but in no event for longer than 18 months from the date thereof. The applicant will then be notified to appear at the courthouse of the Appellate Division for the purpose of taking the constitutional oath of office.

Third Judicial Department

Section 805.3 (Admission pro hac vice) of the Third Judicial Department Rules of Procedure and additional Instructions provide the rules and procedures regarding admission for attorneys licensed in other jurisdictions who are seeking pro hac vice admission.

Attorneys must submit a verified application that includes:

• The facts showing compliance with the pro hac vice rules.
• The nature and length of the legal services to be performed.
• The courts where the applicant seeks permission to appear.
• The period for which pro hac vice authorization is sought.

The application must also include:

• A statement whether the attorney has ever been the subject of any arrest, charge, or conviction for any felony or misdemeanor. If so, the attorney must provide the underlying facts in detail.
• A statement that the attorney is familiar, and will comply with, the standards of professional conduct imposed by members of the New York Bar. This includes the rules of court governing the conduct of attorneys and the Rules of Professional Conduct promulgates as joint rules of the Appellate Divisions of the Supreme Court.
• A certificate of admission and good standing from each jurisdiction where admitted.
• A letter from the grievance committee, or body entertaining complaints against lawyers, of the jurisdictions where the attorney has been admitted. The letter must certify whether any charge or complaint has ever been filed against the attorney. If so, the substance of such charge or complaint and the disposition thereof.
• A current resume.
• For attorneys applying as (or in association with) corporate counsel, district attorney/attorney general, or legal services organizations, such attorneys must include:
• • A certificate from an approved law school stating that the attorney is a graduate.
  • An affidavit from an officer of the organization where the attorney is employed setting forth the nature of the legal services to be performed and certifying that the employment pursuant to the pro hac vice admission will not extend beyond 18 months from the date of the court’s order.
• For graduates, graduate assistants, and law school teachers in a criminal law program, the application must include a certificate from an approved law school stating that the applicant is enrolled as a graduate student or graduate assistant or is employed as a law school teacher in a criminal law or poverty law and litigation program of the school and that the applicant’s involvement in such a program will not extend beyond the period of the enrollment as a graduate student, graduate assistant, or employment as a law school teacher in a criminal law or poverty law program.

Upon approval, the court’s order will specify the scope and extent of the authorized legal services, the court where the applicant may appear, and the period of authorization.

Fourth Judicial Department

Rule 1000.13(I ) of the Fourth Judicial Department provides the rule regarding admission for attorneys licensed in other jurisdictions who are seeking pro hac vice admission. Attorneys must file a motion for pro hac vice admission with the court and a supporting affidavit. The affidavit will state that the attorney is a member in good standing in all jurisdictions in which he or she admitted, and the attorney is associated with a member in good standing of the New York Bar (who is the attorney of record). The affidavit is required to include a certificate of admission in good standing from the each Bar where the attorney is admitted.

Show/Hide Comments