Local Rule Rule 83.1: ATTORNEYS: ADMISSION AND CONDUCT — N.D. Miss.

Rule 83.1 ATTORNEYS: ADMISSION AND CONDUCT

(a) General Admission of Attorneys

(1) Any attorney who is a member of the Mississippi Bar must satisfy the following requirements for admission to this court:

(A) the attorney must produce a photocopy of the certification of admission to practice in Mississippi either from the Mississippi Bar or the Mississippi Supreme Court, dated no later than sixty days prior to its submission;

(B) the attorney must be sponsored by a member of the bar of this court who must certify that the applicant is a member in good standing in the Mississippi Bar and is familiar with the LOCAL RULES and the MISSISSIPPI RULES OF PROFESSIONAL CONDUCT; and

(C) the attorney must be presented to the court only after filing his or her documentation with the clerk of court, paying the admission fee, and signing the oath. An applicant may then be presented to a district or magistrate judge of this court for formal admission, which may be accomplished in open court or in chambers at any time convenient to the judge. An applicant for admission may be presented for formal admission to any district or magistrate judge in either the Northern or Southern District of Mississippi.

(b) Appearances

(1) Requirement of Local Counsel. When a party appears by attorney, every complaint, answer, motion, application, notice of deposition, or other paper on behalf of the represented party must be signed, and every deposition, mediation, conference or hearing must be attended by at least one attorney of record admitted to the general practice of law in the district court in which the action is pending.

(2) Designation of Lead Counsel. In any civil action in which a single party is represented by multiple counsel, the initial pleadings filed on behalf of the party must designate at least one attorney as lead counsel.

(3) Withdrawal by Attorneys. When an attorney enters an appearance in a civil action, he or she must remain as counsel of record until released by formal order of the court. An attorney may be released only on motion signed by the client(s) or upon a duly noticed motion to all parties, including the client and presented to the judicial officer to whom the case is assigned, together with a proposed order authorizing counsel's withdrawal.

(1) Original Discipline. The court may, after notice and an opportunity to show cause to the contrary, if requested, censure or reprimand any attorney who practices before it for conduct unbecoming a member of the bar or for failure to comply with these rules, the MISSISSIPPI RULES OF PROFESSIONAL CONDUCT, or any other rule of the court. If the conduct or failure to comply is found to be flagrant, the court may, after notice and opportunity to show cause, revoke or suspend the attorney's admission to practice before the court. Such action by the court will be reported by the clerk of the court to the executive director of the Mississippi Bar, or the appropriate official of the bar of any non-resident attorney admitted to practice before this court. If the court finds that the conduct complained of affords reasonable grounds for more stringent disciplinary action, including suspension or disbarment, the matter will, in the case of a member of the Mississippi Bar, be referred to the Mississippi Bar for appropriate action under MISS. CODE ANN. § 73-3-301, et seq. (1972) or subsequent amendments. If the attorney is not a member of the Mississippi Bar, the matter will be referred to the appropriate disciplinary authority of the bar of which he or she is a member.

Nothing herein may be construed to limit the inherent disciplinary power of the judicial officers of this court, including the power of a district judge to immediately suspend a member of the bar convicted of a felony in a case heard before him or her.

(2) Reciprocal Discipline. When it is shown to the court that any member of its bar has been suspended or disbarred from practice by any other court of record, the member will be subject to suspension or disbarment by the district court. The disciplinary action is initiated by a show-cause order issued by the court, notifying the attorney that disciplinary proceedings have been commenced, describing the disciplinary proceedings conducted in the other jurisdiction, and requesting that the member appear and show cause why he or she should not be suspended or disbarred from practice before the district court. The member will be afforded thirty days to show cause why he or she should not be suspended or disbarred; the time for response may be extended by the court for proper reason. The member's response to the show-cause order is limited to claims of (A) lack of procedural due process in the original proceedings or (B) lack of substantial evidence to support the factual findings. Lack of procedural due process in the original proceedings, however, does not preclude original disciplinary action by the court as provided in subparagraph 1. Upon response to the show-cause order, and after hearing, if one is requested, or upon expiration of the period allowed for response, if no response is made, the court may enter an appropriate order in which it may impose discipline, including, but not limited to, the same discipline administered by the other jurisdiction.

(3) Reinstatement. No application for relief from suspension or reinstatement after disbarment will be considered by this court unless the applicant can show that he or she is an attorney in good standing with the Mississippi Bar or with the jurisdiction in which he or she may have been suspended or disbarred. Any attack upon the denial of readmission or relief from suspension/reinstatement after disbarment is limited to claims of (A) lack of procedural due process in the reinstatement proceeding of the other jurisdiction or (B) lack of substantial evidence to support the factual findings. Upon the applicant's showing of good standing, the court may vacate or continue the disbarment or suspension, or diminish the suspension, as may be appropriate.

(d) Pro Hac Vice Admission of Attorneys

(1) Definitions

(A) A "non-resident attorney" is a person not admitted to practice law in this state but who is admitted in another state or territory of the United States or of the District of Columbia and is not disbarred or suspended from practice in any jurisdiction.

A non-resident attorney is eligible for admission pro hac vice if that lawyer:

i. lawfully practices solely on behalf of the lawyer's client and its commonly owned organizational affiliates, regardless of where the lawyer resides or works; or ii neither resides nor is regularly employed at an office in this state; or iii. resides in this state but (a) lawfully practices from offices in one or more other states and (b) practices no more than temporarily in this state, whether by admission pro hac vice or in other lawful ways; or iv. is a government attorney employed on a full time basis and is lawfully admitted to practice in another jurisdiction.

(B) A "resident attorney" is an attorney admitted to practice in either the Northern or Southern District of Mississippi after complying with L.U.CIV.R. 83.1(a).

(C) A "client" is a person for whom or entity for which the non-resident attorney has rendered services or by whom the attorney has been retained before the lawyer performs services in this state.

(D) "This state" refers to Mississippi. This rule governs proceedings before any federal court located in this state.

(2) Authority of the Court to Permit Pro Hac Vice Admissions. A federal court of this state may, in its discretion, admit an eligible non-resident attorney retained to appear in a particular civil proceeding pending before that court to appear pro hac vice as counsel in that proceeding. No admission will be effective until all required fees are received by the clerk of the court. This rule provides the only authority under which a non-resident attorney who is not a member of the Mississippi Bar and not admitted to practice before the Mississippi Supreme Court may practice in a United States District Court serving Mississippi. These rules contain no "grandfathering" provision allowing a non-resident attorney not a member of the Mississippi Bar to practice in a district court other than on a case-by-case pro hac vice admission.

(3) Association and Duties of a Resident Attorney. No eligible non-resident attorney may appear pro hac vice unless and until a resident attorney has been associated. The resident attorney remains responsible to the client and responsible for the conduct of the proceeding before the court. It is the duty of the resident attorney to advise the client of the resident attorney's independent judgment on contemplated actions in the proceedings if that judgment differs from that of the non-resident attorney. At least one resident attorney must sign every submission filed with the court and must personally appear and participate in all trials, in all pretrial conferences, case management conferences and settlement conferences, hearings and other proceedings conducted in open court, and all depositions or other proceedings in which testimony is given.

(4) Pro Hac Vice Application. A non-resident attorney seeking to appear pro hac vice in a proceeding pending in a federal court of this state must submit a verified application, as set out in Form 6, to associated counsel. Local counsel will retain the original application and file it, in the format required by the Administrative Procedures for Electronic Case Filing, in the court where the litigation is filed, accompanied by a certificate of good standing issued within ninety days of the date of the application by the licensing authority for all states, as well as the District of Columbia, where the applicant has been admitted to practice law. The application must be served on all parties who have appeared in the case and must include proof of service. The verified application must contain the following information:

(A) the applicant's residence and business address;

(B) the name, address, and phone number of each client sought to be represented;

(D) whether the applicant (i) has been denied admission pro hac vice in this state, (ii) has had admission pro hac vice revoked in this state, or (iii) has otherwise formally been disciplined or sanctioned by any court in this state in the last five years. If so, specify the nature of the allegations; the name of the authority bringing such proceedings, the caption of the proceedings, the date filed, what findings were made, and what action was taken in connection with those proceedings;

(E) whether any formal, written disciplinary proceeding has ever been brought against the applicant by a disciplinary authority in any other jurisdiction within the last five (5) years and, as to each such proceeding: the nature of the allegations; the name of the person or authority bringing such proceedings; the date the proceedings were initiated and finally concluded; the style of the proceedings; and the findings made and actions taken in connection with those proceedings;

(F) whether the applicant has been formally held in contempt or otherwise sanctioned by any court in a written order in the last five (5) years for disobedience to its rules or orders, and, if so, the nature of the allegations; the name of the court before which such proceedings were conducted; the date of the contempt order or sanction, the caption of the proceedings, and the substances of the court's rulings (a copy of the written order or transcript of the oral rulings must be attached to the application);

(G) the name and address of each court and a full identification of each proceeding in which the applicant has filed an application to appear pro hac vice in this state within the preceding two years; the date of each application; and the outcome of the application;

(H) the style and number of each case, including the name of the court, in which the applicant has appeared as counsel pro hac vice within the immediately preceding 12 months, is presently appearing as counsel pro hac vice, or has pending applications for admission to appear pro hac vice;

(I) an affirmative statement that the applicant has read and is familiar with the LOCAL RULES OF THE UNITED STATES DISTRICT COURTS FOR THE NORTHERN AND SOUTHERN DISTRICT OF MISSISSIPPI and the ethics, principles, practices, customs and usages of the legal profession in the State of Mississippi, including but not limited to the MISSISSIPPI RULES OF PROFESSIONAL CONDUCT required of the members of the Mississippi Bar as well as the procedures of this court;

(J) the name, address, telephone number, e-mail address and bar number of the resident attorney whom the applicant has associated in the particular case; and

(K) the signature of the resident attorney associated by the applicant certifying the resident attorney's agreement to the association and his/her appearance of record with the non-resident attorney.

The non-resident attorney's application may provide the following optional information:

i. the applicant's prior or continuing representation in other matters of one or more of the clients the applicant proposes to represent and any relationship between those other matter(s) and the proceeding for which the applicant seeks admission;

ii. any special experience, expertise, or other factor the applicant believes to make it particularly desirable that the applicant be permitted to represent the client(s) the applicant proposes to represent in the particular case.

(5) Application Fee. Simultaneously with the filing of the verified application, the applicant must pay a non-refundable fee in an amount set by the court by general order. An applicant will not be required to pay the fee established by L.U.CIV.R. 83.1(d)(5) if the applicant will not charge an attorney fee to the client(s) and is:

(A) employed or associated with a pro bono project or nonprofit legal services organization in a civil case involving the client(s) of such programs; or

(B) applying to appear in a habeas corpus proceeding for an indigent defendant; and

(6) Objection to Application: A party to the proceedings may file an objection to the application or seek the court's imposition of conditions to its being granted. The objecting party must file its written objection by way of a verified affidavit containing or describing information establishing a factual basis for the objection and may seek denial or modification of the application. If the application has already been granted, the objecting party may move that the pro hac vice admission be revoked. The court may grant or deny the application or modification of the application without the necessity of any hearing, at the court's discretion.

(7) Standards for Admission. The court has discretion whether to grant applications for admission pro hac vice and to set the terms and conditions of admission. An application ordinarily should be granted unless the court finds reasons to believe that:

(A) admission would be detrimental to the prompt, fair and efficient administration of justice;

(B) admission would be detrimental to legitimate interests of parties to the proceedings other than the client(s) the applicant proposes to represent;

(C) one or more of the clients the applicant proposes to represent would be at risk of receiving inadequate representation and cannot adequately appreciate the risk;

(D) the applicant has engaged in more than five (5) separate unrelated cases or other matters before the Northern and Southern Districts of the federal courts of this state within the last twelve (12) months immediately preceding the appearance in question; or

(E) the applicant had, before the application, filed or appeared in the federal court without having secured approval under these rules.

(8) Revocation of Admission. Admission to appear as counsel pro hac vice in a proceeding will be revoked if the attorney is suspended or disbarred by any other court of record during the pendency of the action in which he or she has been granted leave to appear, and lack of due process or lack of substantial evidence to support the factual findings in the original proceeding will not preclude revocation. Admission to appear as counsel pro hac vice in a proceeding may also be revoked for any of the reasons listed in Section 7(a-c) above or just cause determined by the court.

(9) Suspension or Disbarment of Resident Attorney. In the event the resident attorney associated by the non-resident attorney in a particular case is suspended, disbarred, or incapacitated by virtue of health or otherwise from the practice of law in the State of Mississippi, the non-resident attorney before further proceeding in the pending case, must associate a new resident attorney who is in good standing to practice law in Mississippi and admitted to practice in the Northern or Southern District federal courts for the State of Mississippi and must file an amendment to the verified application required by L.U.CIV.R. 83.1(4).

(10) Attorneys Representing the United States. Attorneys representing the United States or any of its departments, agencies or employees are permitted to appear on behalf of the United States government and to represent its interests in any matter in which the United States government is interested upon proper introduction to the court by the United States Attorney for the district or one of the United States Attorney's assistants

(e) Authorization to Practice Law in the Northern and Southern Districts of Mississippi Federal Court.

A law student who is enrolled in a legal internship program or a clinical legal education course in an American Bar Association accredited law school of this state and who has been granted limited admission under the Mississippi Limited Practice Act, Miss. Code Ann. §§ 73-3-201 to -211 (1972), may also be authorized to engage in limited practice in this court with the following additional conditions and limitations:

(1) The law student who applies for admission to limited practice must certify that the student is familiar with federal procedural and evidentiary rules as well as these Local Rules. The law student must take the oath and be admitted to limited practice by order of a judicial officer of this court.

(2) Upon filing the oath and order in the office of the clerk of court, the law student will be authorized to engage in limited practice in any federal court in the state subject to any controls and limitations ordered by the court.

(3) The authority for limited practice by a law student will continue during any regular school term during which the law student is enrolled in a legal internship or clinical legal education course, including interim sessions between terms. The court may revoke the authority granted at any time.

(4) A law student may not directly represent clients but may only assist the supervising attorney or clinical teacher, who must be admitted to practice in this court and otherwise meet the requirements of Miss. Code Ann. §73-3-205, in representing their clients. All pleadings and entries of record in courts must be signed by the supervising attorney or clinical teacher.

(5) Law students may appear and participate in trials and hearings in court if the supervising attorney or clinical teacher is present and supervising the student.

(6) Law students assigned to prosecuting attorneys may assist the supervising attorney before grand juries subject to the same prohibitions and penalties as to disclosure and secrecy as are members of the grand jury.

(7) Law students will be subject to the same standards and rules of professional conduct and ethics and the same rules of discipline as members of the bar of this court, and each must certify in writing that the student has read and is familiar with the Mississippi Rules of Professional Conduct.

(8) A law student may not receive compensation for the student's services from the client or from any other source, directly or indirectly, for participation, other than the award of academic credit by the student's law school. This rule does not prevent the court from awarding costs and expenses which may otherwise be authorized by law to any governmental agency, legal assistance program, or law school clinical instruction program for the services provided by the student. As in all other cases, the court will determine the propriety and amount of an award of costs, including reasonable attorney's fees.

The judicial officer before whom a student is participating may, at any time and with or without cause and for any reason, revoke the authorization established by this Rule.

← All Local Rules Official Court Website