Rule 2.510 (Foreign Attorneys) of the Rules of Judicial Administration and Rule 1-3.10 and 1-3.11 (Arbitration Proceedings) provide the rules regarding admission for attorneys licensed in other jurisdictions who are seeking pro hac vice admission.
Eligibility
Attorneys must be active members in good standing of the bar of another state and currently eligible to practice law in a state other than Florida. Attorneys cannot be Florida residents, unless the attorney has an application for admission pending to the Florida Bar and has not previously been denied admission to the Florida Bar. Attorneys cannot be members of the Florida Bar who are ineligible to practice law and cannot have been previously disciplined or held in contempt for misconduct committed while engaged in previous pro hac vice admission. The contempt must be final and is not reversed or abated.
Attorneys cannot engage in the general practice before Florida courts, which means more than three appearances within a 365-day period.
Practice
Attorneys must associate with a member of the Florida Bar who a member in good standing. Attorneys are also subject to Florida’s disciplinary rules and procedures.
Application
Attorneys are required to file a Verified Motion. The motion includes:
- A statement identifying all jurisdictions where the attorney is an active member in good standing and currently eligible to practice law, including all assigned bar numbers and attorney numbers;
- A statement identifying by date, case name, and case number all other matters in Florida state courts in which pro hac vice admission has been sought in the preceding 5 years, and whether such admission was granted or denied;
- A statement identifying all jurisdictions in which the attorney has been disciplined in any manner in the preceding 5 years and the sanction imposed, or in which the attorney has pending any disciplinary proceeding, including the date of the disciplinary action and the nature of the violation;
- A statement identifying the date on which the legal representation at issue commenced, and the party or parties represented;
- A statement that all applicable provisions of these rules and the Rules Regulating The Florida Bar have been read, and that the verified motion complies with those rules;
- The name, record bar address, and membership status of the Florida Bar member or members associated for purposes of the representation;
- A certificate indicating service of the verified motion upon all counsel of record in the matter in which leave to appear pro hac vice is sought and upon the Florida Bar at its Tallahassee office accompanied by a nonrefundable $250 filing fee made payable to The Florida Bar or notice of the waiver of the fee (for indigent clients); and
- A verification by the attorney seeking to appear pursuant to this rule and the signature of the Florida Bar member or members associated for purposes of the representation.
Florida Alternative Dispute Resolution (ADR) Appearances for Out-of-State Attorneys
Rule 1-3.11 permits pro hac vice appearances for arbitration, mediation, and alternative dispute resolution proceedings. Attorneys must obtain pro hac vice admission for court-annexed arbitrations or mediations if court rules or law require.
Eligibility
Attorneys must be currently eligible to practice law in another United States jurisdiction or a non-United States jurisdiction. The general eligibility rules above also apply.
The attorney’s appearance must be for:
- A client who resides in the attorney’s home state or has an office in the attorney’s home state.
- The appearance arises out of or is reasonably related to the attorney’s practice in his or her home state, and the appearance does not require pro hac vice admission.
Attorneys are also required to comply with Florida’s Multijurisdictional Practice Rules (MJP). Attorneys cannot engage in general practice in Florida, which means no more than three arbitration appearances within a 365-day period.
Practice
Attorneys are subject to Florida’s disciplinary rules and procedures.
Application
Prior to practice, the out-of-state attorney must serve a Verified Statement on opposing counsel (or within 10 days of learning the identity of opposing counsel) and file the verified statement with the Florida Bar. The verified statement mirrors the one for pro hac vice motion above. The nonrefundable $250 must accompany the verified statement and must be made payable to The Florida Bar.” The tribunal may allow a fee waiver for indigent clients.
The rule exempts several requirements for attorneys participating in international arbitrations. Attorneys engaged in international arbitrations must consult Rules 3.10 and 3.11.