Remote Pro Hac Vice Lawyers
Generally, one may only be legally represented by a lawyer within their own state
, and that attorney must be permitted to practice law within the state. Occasionally one wants to get something accomplished (ordered) in some court in another state. Some examples can be property purchases and sales, and for judgment enforcement.
One choice to get legally represented in some other state is to hire an attorney in that state. Another way to be representation within some other state is to get the original attorney (or yourself when you are the lawyer) petition the court in the other state to get Pro Hac Vise permission; to represent you in your case, in their court. This article is my opinion and is not, legal advice. I am a judgment broker, and not a lawyer. If you ever want a strategy to use or legal advice, you should contact a lawyer.
Pro Hac Vice describes "for this one case". It describes obtaining authorization from the new court for your current attorney to co-represent you at their court. Pro Hac Vice always means a 2nd local attorney (at extra cost) to co-represent you (for the single case number) in cooperation with your original "foreign" (far away from the court) attorney.
An instance demonstrating a Pro Hac Vice case is if an attorney is representing a person on a judgment from a Federal court originating in California, and there is a need to domesticate and recover that judgment in Florida as the judgment debtor absconded to. The lawyer is admitted to the California Bar, however not the State Bar Of Florida. When a person was representing themselves on their own judgment, they could accomplish this (if they know how to do it), and transfer a Federal or most all other judgments, to some other state and recover it, because they're self-represented. An lawyer representing another person, needs to work with a local Florida lawyer and get Pro Hac Vice access to share representation of their client in Florida.
Why spend for 2 lawyers? The reason to have your original lawyer remain involved in a court proceeding in some other state, is that the current attorney may have extensive knowledge of the case. It probably would take too much time, and be too expensive to have a new lawyer in some other state get fully caught up on the case. With such a case, it can be cost-effective to have your attorney work with a local attorney. The original lawyer might not need to travel. They can coordinate their Pro Hac Vice access in the court with the local lawyer.
The original attorney needs to be licensed in at least 1 state, and they, in cooperation with a local lawyer, needs to petition the court for Pro Hac Vice access to co-represent you in a particular matter. Sometimes the court will require a statement from a local Bar Association indicating your attorney is in good standing. The local court also will demand a fee, usually about five hundred dollars per Pro Hac Vice matter. That court has discretion to (rarely) decline, grant, or grant with restrictions, their order to permit your current lawyer Pro Hac Vice representation, along with the local lawyer.
When the current lawyer has Pro Hac Vice access and the local attorney is retained in the new state, how involved should the local attorney be in your case? That is a topic to bring up with your original lawyer. Usually, it is best to have that local lawyer do all the procedural and mechanical tasks, and have your lawyer help that lawyer with the pleadings and strategy. When you or the original attorney choose a lawyer to share your representation with a Pro Hac Vice basis, select one who is very near the court, and experienced with your kind of case.
by: Mark Shapiro
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