Local Rule LCvR 83.2: ADMISSION TO PRACTICE AND APPEARANCE OF ATTORNEYS AND STUDENTS
W.D. Pa. — Attorney rule
LCvR 83.2 ADMISSION TO PRACTICE AND APPEARANCE OF ATTORNEYS AND STUDENTS A. Admission to Practice -- Generally.
1. Roll of Attorneys. The bar of this Court consists of those heretofore and those hereafter admitted to practice before this Court, who have taken the oath prescribed by the rules in force when they were admitted or prescribed by this rule.
2. Eligibility; Member in Good Standing. Any person who is eligible to become a member of the Bar of the Supreme Court of Pennsylvania or who is a member in good standing of the bar of the Supreme Court of Pennsylvania, or a member in good standing of the Supreme Court of the United States, or a member in good standing of any United States District Court, may be admitted to practice before the bar of this Court.
3. Procedure For Admission. No person shall be admitted to practice in this Court as an attorney except on oral motion of a member of the bar of this Court, who shall submit a Certification in the form set forth at "Appendix LCvR/LCrR 83.2.A Certification". He or she shall, if required, offer satisfactory evidence of his or her moral and professional character, and shall provide the same information set forth in subsection B, below. He or she shall take the following oath or affirmation:
"I DO SOLEMNLY SWEAR (OR AFFIRM) THAT I WILL CONDUCT MYSELF AS AN ATTORNEY AND COUNSELOR OF THIS COURT, UPRIGHTLY AND ACCORDING TO LAW; AND THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES. SO HELP ME GOD."
If admitted, the applicant shall, under the direction of the Clerk of Court, sign the roll of attorneys and pay such fee as shall have been prescribed by the Judicial Conference and by the Court.
4. Agreements of Attorneys. All agreements of attorneys relating to the business of the Court shall be in writing; otherwise, if disputed, they will be considered of no validity.
5. Practice in Criminal Branch Prohibited. No attorney shall be permitted to practice in the criminal branch of the federal law as counsel for any person accused of crime in the United States District Court for the Western District of Pennsylvania where said attorney is serving by appointment or election in any of the following categories in either the state of Pennsylvania or for the United States of America:
a. district attorney of any county in the Commonwealth of Pennsylvania;
b. assistant, deputy or special advisor of any district attorney of any county in the Commonwealth of Pennsylvania;
c. Attorney General of the Commonwealth of Pennsylvania;
d. assistant, deputy or special advisor of the Attorney General of the Commonwealth of Pennsylvania;
e. legal counsel for and any assistant or deputy of any agency of the United States government; or f. magistrates or justices of the peace of any city, county or state.
B. Pro Hac Vice Admissions. All motions for admission pro hac vice must be accompanied by the filing fee. A motion for admission pro hac vice must be made by the attorney seeking to be admitted and must be accompanied by an affidavit from the attorney seeking to be admitted pro hac vice (the "affiant"). The affidavit must include the affiant's name, law firm affiliation (if any), business address, and bar identification number. The affiant must attest in the affidavit that the affiant is a registered user of ECF in the United States District Court for the Western District of Pennsylvania, that the affiant has read, knows, and understands the Local Rules of Court for the United States District Court for the Western District of Pennsylvania, and that the affiant is a member in good standing of the bar of any state or of any United States District Court. The affidavit must list the bars of any state or of any United States court of which the affiant is a member in good standing. The affiant must attach to the affidavit one current certificate of good standing from the bar or the court in which the affiant primarily practices. The affidavit also must list and explain any previous disciplinary proceedings concerning the affiant's practice of law that resulted in a non-confidential negative finding or sanction by the disciplinary authority of the bar of any state or any United States court. The Court will not rule on a motion for admission pro hac vice that does not include an affidavit containing the information and attestations required by this rule. The forms of the motion for admission pro hac vice and accompanying affidavit are set forth in "Appendix LCvR/LCrR 83.2.B-MOTION," and "Appendix LCvR/LCrR 83.2.B-AFFIDAVIT."
Comment (February 2013)
The Local Rules of Court for the United States District Court for the Western District of Pennsylvania and instructions for becoming a registered user of ECF in the United States District Court for the Western District of Pennsylvania are available on the Court's website. "A Declaration pursuant to 28 U.S.C. §1746 in lieu of an affidavit shall be sufficient to comply with the requirements of this Rule."
C. Appearances and Withdrawals of Appearance.
1. Appearance -- How entered. In all criminal cases involving privately retained counsel, a notice of appearance of counsel shall be filed at or before the first appearance of counsel.
2. Attorney Identification Number. Any appearance by a Pennsylvania attorney shall contain a Pennsylvania attorney identification number.
3. Separate Praecipe Unnecessary. In a civil action, no separate praecipe for appearance need be filed by an attorney for an original party or for an intervenor. The endorsement of names of attorneys appearing on the first pleading or motion filed by a party shall constitute the entry of appearance of such attorneys. Appearance by other attorneys shall be by praecipe filed with the Clerk of Court.
4. Withdrawal of Appearance. In any civil proceeding, no attorney whose appearance has been entered shall withdraw his or her appearance except upon filing a written motion. The motion must specify the reasons requiring withdrawal and provide the name and address of the succeeding attorney. If the succeeding attorney is not known, the motion must set forth the name, address, and telephone number of the client and either bear the client's signature approving withdrawal or state specifically why, after due diligence, the attorney was unable to obtain the client's signature.
Comment (February 2013)
A motion for withdrawal of counsel's appearance that sets forth the basis for withdrawal should disclose that basis only in a manner consistent with the applicable provisions of the Pennsylvania Rules of Professional Conduct. See Pa. R. Prof. Conduct 1.16, comment 3.
D. Student Practice Rule.
1. Purpose. This rule is designed to provide law students with clinical instruction in federal litigation, and thereby enhance the competence of lawyers practicing before the United States District Courts.
2. Student Requirements. An eligible student must:
a. be duly enrolled in a law school accredited by the American Bar Association:
b. have completed a least three semesters of legal studies, or the equivalent;
c. be enrolled for credit in a law school clinical program that has been approved by this Court;
d. be certified by the Dean of the law school, or the Dean's designee, as being of good character, and having sufficient legal ability to fulfill the responsibilities of a legal intern to both the client and this Court;
e. be certified by this Court to practice pursuant to this rule; and f. not accept personal compensation from a client or other source for legal services provided pursuant to this rule.
3. Program Requirements. A law school clinical practice program:
a. must provide the student with academic and practice advocacy training, utilizing law school faculty or adjunct faculty, including federal government attorneys or private practitioners, for practice supervision;
b. must grant the student academic credit for satisfactory participation therein;
c. must be certified by this Court;
d. must be conducted in such a manner as not to conflict with normal Court schedules;
e. may accept compensation other than from a client; and f. must secure and maintain professional liability insurance for it activities.
4. Supervisor Requirements. A supervisor must:
a. have faculty or adjunct faculty status at the law school offering the clinical practice program, and must be certified by the Dean of the law school as being of good character, and having sufficient legal ability and adequate training to fulfill the responsibilities of a supervisor;
b. be admitted to practice before this Court;
c. be present with the student at all times during Court appearance, and at all other proceedings, including depositions in which testimony is taken;
d. co-sign all pleadings or other documents filed with this Court;
e. assume full professional responsibility for the student's guidance in, and for the quality of, any work undertaken by the student pursuant to this rule;
f. be available for consultation with represented clients;
g. assist and counsel the student in all activities conducted pursuant to this rule, and review such activities with the student so as to assure the proper practical training of the student and the effective representation of the client; and h. be responsible for supplementing oral or written work of the student, where necessary, to ensure the effective representation of the client.
5. Certification of Student, Program and Supervisor.
a. Students.
(1) Certification by the law school Dean and approval by this Court shall be filed with the Clerk of Court, and unless it is sooner withdrawn, shall remain in effect until expiration of 18 months.
(2) Certification to appear in a particular case may be withdrawn at any time, in the discretion of the Court, and without any showing of cause.
b. Program.
(1) Certification of a program by this Court shall be filed with the Clerk of Court and shall remain in effect indefinitely unless withdrawn by the Court.
(2) Certification of a program may be withdrawn by this Court at any time.
c. Supervisor.
(1) Certification of a supervisor must be filed with the Clerk of Court, and shall remain in effect indefinitely unless withdrawn by this Court.
(2) Certification of a supervisor may be withdrawn by the Court at any time.
(3) Certification of a supervisor may be withdrawn by the Dean by mailing notice of such withdrawal to the Clerk of Court.
6. Activities. A certified student, under the personal supervision of the supervisor, as set forth in LCvR 83.2.C.4, may:
a. represent any client including federal, state or local governmental bodies, in any civil or administrative matter, if the supervising lawyer and the client on whose behalf the student is appearing have consented in writing to that appearance; or b. engage in all activities on behalf of the clients that a licensed attorney may engage in.
7. Limitation of Activities. The Court retains the power to limit a student's participation in a particular case to such activities as the Court deems consistent with the appropriate administration of justice.
Comment (June 2008)
The amended Rule adds headings, modifies the numbering and clarifies and modernizes language in the Rule. More substantively, the amended Rule adds a section on pro hac vice admissions. In addition, it permits students to practice before the Court after completing three (as opposed to four) semesters of legal study.