Michigan Court Rule 8.126 (Temporary Admission to the Bar) provides the rule regarding admission for attorneys licensed in other jurisdictions who are seeking pro hac vice admission.
Eligibility
Attorneys must be licensed to practice law in another state or territory of the United States of America or in any foreign country and cannot be disbarred or suspended in any jurisdiction and must be eligible to practice in at least one jurisdiction.
Attorneys are permitted to appear pro hac vice in no more than five cases in a 365-day period.
Practice
Attorneys must associate with an active local Michigan lawyer who appears of record in the case. Attorneys are subject to Michigan jurisdiction and the attorney disciplinary system. The court or administrative tribunal may also revoke the pro hac vice admission at any time for misconduct.
Application
The local Michigan lawyer is required to file with the court, administrative tribunal, or agency an appearance and a Motion that seeks permission for the temporary admission of the out-of-state attorney. The motion is supported by an Affidavit of the out-of-state attorney. The affidavit must verify:
- The jurisdictions where the attorney has been licensed or has sought licensure.
- That the attorney is not disbarred, or suspended in any jurisdiction, and is not the subject of any pending disciplinary action, and that the attorney is licensed and is in good standing in all jurisdictions where licensed. (The affidavit must include copies of any disciplinary dispositions.)
- That he or she is familiar with the Michigan Rules of Professional Conduct, Michigan Court Rules, and the Michigan Rules of Evidence.
The motion will include both attorneys’ addresses, and a statement by the Michigan attorney attesting that he or she has read the out-of-state attorney’s affidavit, has made a reasonable inquiry concerning the averments made in the affidavit, believes the out-of-state representations are true, and agrees to ensure that the procedures of the pro hac vice rules are followed.
Attorneys must file a motion and affidavit with the Attorney Grievance Commission. The Attorney Grievance Commission notifies the tribunal, the local Michigan attorney, and the out-of-state attorney within seven days whether the out-of-state attorney has been admitted in Michigan within the past 365 days, the number of times the attorney has been admitted, and whether a fee is due. Attorneys are required to pay a $125 fee to the State Bar of Michigan regardless of the number of pro hac vice appearances. Attorneys are only required to pay the fee once between October 1 and September 30, but they must pay the appropriate fees prior to an appearance.
Following the Attorney Grievance Commission’s notice, the court, administrative agency, or tribunal will enter an order granting the pro hac vice permission if the out-of-state attorney has appeared in fewer than five cases within the past 365 days. However, it is within in the discretion of the court or administrative tribunal whether to allow the pro hac vice appearance. The tribunal will send a copy of the order granting pro hac vice
admission to the Michigan attorney and the out-of-state attorney. The Michigan attorney will then send a copy of the order to the Attorney Grievance Commission.