Local Rule 2090-1: Attorneys — Admission to Practice

2090-1 Attorneys — Admission to Practice

(a) Appearance before the court. Except as set forth below, appearance before the court on behalf of any entity may be made only by an attorney who is a member of the bar of the State of Tennessee and admitted to practice before the United States District Court for the Middle District of Tennessee pursuant to United States District Court's Local Civil Rule of Court ("LR") 83.01. Bankruptcy cases and proceedings are civil proceedings for purposes of LR83.01 (a) and (d).

Any attorney who is a member of the bar of the State of Tennessee and is admitted to practice before the United States District Court for the Middle District of Tennessee but whose principal office is outside the state of Tennessee, must include in the signature line on all filings a notation that they are a member of the Tennessee bar and provide their Tennessee Board of Professional Responsibility number.

(b) Motions for Permission to Appear Pro Hac Vice.

(1) Any attorney not admitted to practice before the United States District Court for the Middle District of Tennessee and not a member of the State of Tennessee bar shall file a motion and proposed order with the United States Bankruptcy Court for the Middle District of Tennessee for permission to appear pro hac vice. The motion must be specific to an identified bankruptcy case or proceeding. The motion must be filed no later than the first appearance or the first filing made upon which the attorney's name appears. The motion must include a certificate of good standing from another United States District Court or a United States appellate court.

Each attorney who intends to participate in a case is responsible for ensuring that attorney is reflected as counsel of record on the electronic case docket (CM/ECF), which may require the filing of a Notice of Appearance if the attorney's participation is not reflected as a result of any other filing. The Notice of Appearance must be filed using the active CM/ECF (PACER) account of the attorney seeking to receive electronic notices.

(2) Unless counsel appearing on behalf of a party in a bankruptcy case or proceeding is both member of the State of Tennessee bar and admitted to practice before the United States District Court for the Middle District of Tennessee, local co-counsel must be retained. Local co-counsel must be a member of the State of Tennessee bar and admitted to practice before the United States District Court for the Middle District of Tennessee. Local co-counsel shall file a notice of appearance that identifies the party represented. Local counsel assumes all duties and responsibilities of an attorney for that party. Local co-counsel shall sign all documents filed on behalf of a represented party. Any notice required by statute, rule, local rule, or order may be satisfied by giving notice to local co-counsel. Any local co-counsel who is a member of the Tennessee bar and admitted to practice before the United States District Court for the Middle District of Tennessee but whose principal office is outside the state of Tennessee, must include in the signature line on all filings a notation that they are a member of the Tennessee bar and provide their Tennessee Board of Professional Responsibility number.

(3) Any attorney representing the United States Government, or any agency thereof, or the State of Tennessee may appear and participate in particular cases or proceedings in the attorney's official capacity if the attorney is a member in good standing of the bar of a District Court of the United States or a United States appellate court.

(4) District Court LR83.01(b) and (d) apply to attorneys seeking pro hac vice admission before the bankruptcy court.

(5) Non-Compliance and Discretion of the Court. Any filings made on behalf of a party that fail to comply with this rule in retention of local counsel or notification of Tennessee bar status may be stricken or other penalties imposed by the court, either upon motion or upon the court's own initiative.

A bankruptcy judge assigned to the case has discretion to require, upon notice, that an attorney who resides outside the district designate as local co-counsel an attorney who practices before this court and maintains a law office in this district. Local co-counsel shall be prepared to present and argue the party's position at any hearing or proceeding.