Local Rule LR Gen 204: PRO HAC VICE COUNSEL

LR Gen 204 PRO HAC VICE COUNSEL

(a) Authorization to Appear and Practice. An attorney who is not a member of the bar of this Court may appear and practice before this Court in any case in which the attorney has been admitted to practice pro hac vice.

(b) Eligibility for Pro Hac Vice Admission. In order to be eligible for pro hac vice admission, an applicant must:

(1) Be a member in good standing of the bar of another state and another federal district court and the bar in every jurisdiction in which the attorney has been admitted to practice; and

(2) Establish, to the satisfaction of this Court, that he or she is of good moral character and otherwise qualified and fit to be admitted to practice pro hac vice before this Court.

(c) Procedure for Admission. An attorney seeking pro hac vice admission shall complete and file a motion provided by the Clerk, and pay the admission fee fixed by the Court. The admission fee will not be refunded if the motion for admission pro hac vice is denied.

A motion for admission pro hac vice shall be signed both by the applicant and by local counsel affiliated with the applicant.

(d) Local Counsel.

(1) In order to be admitted and/or remain as pro hac vice counsel, an attorney shall be affiliated with local counsel who is a member of the Bar of this Court and who has entered an appearance as co-counsel.

(2) Local counsel shall:

(A) Sign and be responsible to the Court for the content of all pleadings, motions, and other documents filed or served in the case; and

(B) Attend all court proceedings in the case unless excused by the judge for good cause shown; and

(C) Be fully prepared to assume sole responsibility for the conduct of the case in the event that pro hac vice counsel does not appear when required, has his or her pro hac vice status revoked or is unable to continue as counsel for any reason.

(3) In addition to the required signature of local counsel, pro hac vice counsel may sign pleadings, motions, and other documents filed or served in the case. Pro hac vice counsel may file pleadings, motions, and other documents with the Court, but only if:

(A) the documents have the required signature of local counsel, and

(B) local counsel has given pro hac vice counsel permission to affix local counsel's signature.

(4) In order to ensure that local counsel is able to properly perform his or her duties, pro hac vice counsel shall consult with, involve and fully inform local counsel with respect to all matters affecting the case.

(e) Admission and Revocation.

(1) The district judge to whom a case has been assigned shall have discretion to grant or deny motions for admission pro hac vice based upon the applicant's qualifications, character, past conduct and any other factors that bear on the applicant's fitness to practice in this Court.

(2) Permission to appear pro hac vice may be revoked upon motion of a party or, sua sponte, by the district judge to whom the case is assigned if the judge determines that pro hac vice counsel has failed to satisfy any applicable requirement of these rules or that the proper administration of justice so requires.

(3) No formal hearing shall be required prior to revocation. However, before revoking pro hac vice status, the judge shall provide counsel with notice and an opportunity to explain why pro hac vice status should not be revoked to the extent that such opportunity can be afforded without disrupting or delaying the proceedings.

(4) The revocation of pro hac vice status shall not prevent the Court from taking any other disciplinary action against counsel pursuant to any applicable provision of these Local Rules.

(f) Notification. Pro hac vice counsel shall promptly notify the Court of any change in counsel's name, address, telephone number, fax number, e-mail address and/or law firm name from that shown on counsel's application for pro hac vice admission.

Effective 12/1/19: §(c) deleted; §(d)-(g) redesignated as (c)-(f). Effective 12/15/14: §(d) amended; and §(g)(2) deleted and §(g)(1) redesignated as §(g). Effective 12/1/11: The numerical references in this rule were altered as part of the restyling of numerical references throughout the Local Rules. Effective 1/3/11: §(b)(2) amended. Effective 1/5/09: §(d) amended. Effective 3/17/08: §(b)(2) (requiring that petitioning attorneys not be convicted of a serious crime) was deleted; §(b)(3) redesignated as (b)(2); §(d) amended; §(e) reorganized into (e)(1)-(4) and (e)(1)-(3) redesignated as (e)(2)(A)-(C).

CROSS-REFERENCES See LR Gen 201(b)(2) (appearance by pro hac vice counsel). See also LR Gen 206(c) (designation of counsel to receive notices); LR Gen 308 (Signatures; and Administrative Order 2007-05 (change in name of Board of Bar Examiners Fund). See also R.I. LBR 9010-1(b) (procedures for admission pro hac vice in Bankruptcy Court).