Oklahoma Pro Hac Vice

Out-of-state attorney must register with the Oklahoma Bar Association prior to being admitting pro hac vice.

Title 5, Article II, Section 5 of the Oklahoma Statutes provides the rule regarding admission for attorneys licensed in other jurisdictions who are seeking pro hac vice admission.

Out-of-state attorneys may practice before Oklahoma courts or tribunals solely for the purpose of participating in a proceeding where he or she has been employed. “Oklahoma courts and tribunals” include all trial and appellate courts of Oklahoma. It also includes any boards, departments, commissions, administrative tribunals, or other decision-making or recommending bodies created by Oklahoma and functioning under its authority as well as any court-annexed mediations and arbitrations. A “proceeding” is any action, case, hearing, or other matter pending before an Oklahoma court or tribunal. This includes an “individual proceeding” as defined by Oklahoma’s Administrative Procedures Act (75 O.S. § 250.3).

Eligible attorneys are not admitted in Oklahoma but are admitted in another state or territory of the United States, the District of Columbia, or a foreign country.

Out-of-state attorneys are not required to register with the Oklahoma Tax Commission and are no longer limited in the number of admissions he or she may seek.

Attorneys must be associated with an active or senior member of the Oklahoma Bar who is a member in good standing of the Oklahoma Bar Association. The associated Oklahoma lawyer must enter an appearance in the proceeding. Documents may be served on the Oklahoma lawyer as if they were served personally on the out-of-state attorney. The Oklahoma lawyer must sign all pleadings, briefs, and other documents, and is required to be present at all hearings or other events where the personal presence of counsel is required, unless the Oklahoma court or tribunal waives these requirements.

Out-of-state attorneys are subject to the authority of the court or tribunal and the Oklahoma Supreme Court for his or her conduct in the proceeding. Attorneys are subject to the Oklahoma Rules of Professional Conduct, the Rules Governing Disciplinary Proceedings, and are subject to discipline under the same conditions and terms as Oklahoma attorneys. However, attorneys are not required to comply with the MCLE requirements.

A separate application needs to be filed for each proceeding where the attorney seeks temporary admission to practice.

Attorneys are required to file an Application with the Oklahoma Bar Association and pay the nonrefundable fee. The fee may be waived for pro bono representation or representation on behalf of an indigent client. The application includes a certificate of good standing from the Clerk of the Supreme Court or highest admitting court where the applicant is licensed to practice law.

The Oklahoma Bar Association then issues a Certificate of Compliance, copies of the certificates of good standing, a form Motion to Associate, and a form order granting or denying the Motion. The Oklahoma lawyer then files the Motion to Associate with the Oklahoma court or tribunal with exhibits that include the signed application, copies of the certificates of good standing, the Certificate of Compliance, and the proposed Order.

Admission to appear is within the discretion of the judge, hearing officer, or other decision-making or recommending official presiding over the proceeding. The out-of-state attorney must submit the Order admitting or denying admission to the Oklahoma Bar Association.

Attorneys must renew their special temporary admission each year if the proceeding is pending and pay the annual renewal fee with a late fee. If the fees are not paid within 30 days of the due date, the special temporary permit is deemed cancelled and can only be renewed upon an application to the Board of Bar Examiners and the payment of a new application fee. The annual permit will only be renewed upon affirmation that the conditions still exist for issuing the temporary permit. An Oklahoma court or tribunal may temporarily admit an out-of-state attorney upon a showing of good cause for noncompliance with the pro hac vice rule. Temporary admission cannot exceed 10 days, but may be extended as necessary upon clear and convincing proof that the circumstances are beyond the control of the out-of-state attorney.