North Carolina General Statute § 84-4.1 provides the rule regarding admission for attorneys licensed in other jurisdictions who are seeking pro hac vice admission.
Eligible attorneys are domiciled in another state, regularly admitted to practice in the courts of record of that state, and are in good standing in that state.
The atttorneys have also been retained as attorneys in a civil or criminal legal proceeding pending in the General Court of Justice of North Carolina, the North Carolina Utilities Commission, the North Carolina Industrial Commission, the Office of Administrative Hearings of North Carolina, or any administrative agency.
Attorneys must associate with a local North Carolina lawyer.
Attorneys are required to file a Motion that is signed by the attorney and includes:
- The attorney’s full name, post-office address, bar membership number, and status as a practicing attorney in another state.
- A statement signed by the client, listing the client’s address and declaring that the client has retained the attorney to represent the client in the proceeding.
- A statement that unless permitted to withdraw sooner by order of the court, the attorney will continue to represent the client in the proceeding until its final determination. With reference to all matters incident to the proceeding, the attorney agrees to be subject to the orders and amenable to the disciplinary action and the civil jurisdiction of the General Court of Justice and the North Carolina State Bar in all respects as if the attorney were a regularly admitted and licensed member of the Bar of North Carolina in good standing.
- A statement that the state where the attorney is regularly admitted to practice grants like privileges to members of the Bar of North Carolina in good standing.
- A statement that the attorney has associated and is personally appearing in the proceeding with a lawyer who is a resident of North Carolina, has agreed to be responsible for filing a registration statement with the North Carolina State Bar, and is duly and legally admitted to practice in the General Court of Justice of North Carolina, upon whom service may be had in all matters connected with the legal proceedings, or any disciplinary matter, with the same effect as if personally made on the foreign attorney within North Carolina.
- A statement accurately disclosing a record of all that attorney’s disciplinary history. Discipline includes public discipline by any court or lawyer regulatory organization and revocation of any pro hac vice admission.
- The $225 fee paid to the clerk of court for the particular proceeding.
The court may grant or reject the application at its discretion.
The North Carolina lawyer must then file the Registration Form within 30 days of the pro hac vice order, which includes a copy of the motion and order. The form also includes a statement from the out-of-state attorney that he or she will report income to the North Carolina Department of Revenue and a receipt regarding the fee payment.