Handbook II.A: Admission to Practice

(See Fed. R. App. P. 46; D.C. Cir. Rules 1, 46.)

1. When Required

An attorney practicing before the Court must be a member of the bar of the Court, except as otherwise provided by law. Membership in the bar of another court does not confer membership in the bar of this Court. The Clerk's Office will not file briefs, motions, or other papers not signed by a member of this Court's bar. The pleading will, however, be lodged with the Court and filed once the attorney becomes a member of the bar of this Court.

There are three qualifications to this rule. First, in order to file a notice of appeal in the district court or a petition for review, an attorney need not be a member of the bar of this Court. The docketing statement and any further filing in the case, however, must be signed by a member of the bar of this Court. Second, the requirement is temporarily suspended whenever a problem of timeliness might arise. Where this is the case, the Clerk will file the pleading and immediately notify counsel of the admission requirement. Third, law students may participate in a case under the direction of a supervising attorney, as provided in Circuit Rule 46(g).

An attorney who is not a member of the Court's bar may be granted leave by the Court to present oral argument in a case. A motion for leave to argue pro hac vice must be filed at least 7 days before the date of oral argument by a sponsoring attorney who is a member of the bar of this Court. Counsel may not make repeated appearances pro hac vice, but must apply for admission to the bar of the Court instead. Similarly, counsel may not seek to appear pro hac vice in order to file pleadings; rather, counsel must apply for admission to the bar of the Court. Counsel who are not members of the bar of the Court or who have not been granted leave to appear pro hac vice will not appear on the opinion heading.

2. Obtaining Admission

The Court admits to practice before it attorneys who have previously been admitted to the bar of the highest court of a state or to the bar of other federal courts. Applicants must fill out the forms supplied by the Clerk’s Office and submit them with certification of their membership and good standing in the bar that qualifies them for admission. They must also remit the fee specified by order of the Court. Attorneys may be admitted on the written application without a personal appearance. The Clerk’s Office will send the attorney a certificate of membership in the bar of the Court.

3. Exclusion from Practice

As a general rule, employees of the Court may not engage in the practice of law while employed by the Court. See D.C. Cir. Rule 1(c). No person employed by the Court, including law clerks, after leaving the employ of the Court, may practice as an attorney in any case that was pending in the Court during the person’s term of service. A case is pending in the Court from the moment the appeal or petition for review is docketed until final disposition of the appeal or petition. This prohibition includes signing briefs and giving advice in connection with the case. No former employee of this Court may appear at counsel table or on pleadings in any case in this Court for a period of one year after leaving Court employment.

Suspension or disbarment by any other court of record may result in the suspension or disbarment of a member of this Court's bar. Before any reciprocal discipline is imposed, the attorney will be afforded an opportunity to show cause why he or she should not be suspended from practice in the Court or disbarred. The Court may refer to its Committee on Admissions and Grievances this or any other suggestion of professional misconduct on the part of a member of the bar. See D.C. Cir. Rules, Appx. II.