Local Rule LR 83.4: ATTORNEYS – ADMISSION

LR 83.4 ATTORNEYS – ADMISSION

(a) Roll of Attorneys. The bar of this Court shall consist of all present members and those attorneys admitted in the future to practice before this Court who have taken the oath prescribed by the rules and have paid to the Clerk such fees as the Court may prescribe from time to time. No person, unless duly admitted to practice in this Court shall be permitted to appear and participate in the trial of any action or hearing of any motion except in his or her own behalf or by special permission of the Court or as provided in section (d) of this rule.

(b) Eligibility. Any person is eligible for membership who is admitted to practice law and in good standing before the Supreme Court of Tennessee, any other state, or the District of Columbia. If the applicant is not a member of the bar of Tennessee, he or she must also be a member in good standing of a United States District Court.

(c) Procedure for Admission. Each applicant for admission to the bar of this Court shall file with the Clerk a written petition setting forth: (a) the attorney's Board of Professional Responsibility number (or similar number, if any, from the admittee's state of licensure) and current address and telephone number, along with; (b) a certificate of good standing from the highest court of his or her state or the District of Columbia and, if not a member of the bar of Tennessee, from a United States District Court. Admission then shall be obtained only on motion made by a member in good standing of the bar of this Court. The applicant, if admitted, shall take the prescribed oath, pay the required fees and certify that he or she subjects himself or herself to the jurisdiction of the Court and has obtained, is familiar with and agrees to be bound by these Local Rules, Tennessee Supreme Court Rule 8 (Rules of Professional Conduct), and the Guidelines of Professional Courtesy and Conduct (at APPENDIX C). Upon completion of all requirements for admission, the Court shall enter an order of admission. The admittee's name and Tennessee Board of Professional Responsibility number (or similar number, if any, from the admittee's state of licensure) shall be inscribed on the roll of attorneys, and a certificate of admission may be issued upon application.

(d) Permission to participate in a Particular Case. An attorney not licensed to practice law in the State of Tennessee, but who is licensed to practice and is in good standing at the bar of the highest court of any other state or the District of Columbia may be admitted specially for the purpose of acting as attorney in a case in this Court. Any attorney seeking special admission is subject to the following rules and requirements:

(1) An attorney seeking to participate in a particular case under this section shall file a written motion, including the attorney's license number, if any, from the attorney's state of licensure, and current residence and office addresses and office telephone number, along with:

(A) a certificate of good standing from the highest Court of a state or the District of Columbia, and from a United States District Court, and

(B) a certificate that the attorney subjects himself or herself to the jurisdiction of the Court and has obtained, is familiar with and agrees to be bound by these Local Rules, Tennessee Supreme Court Rule 8 (Rules of Professional Conduct), and the Guidelines of Professional Courtesy and Conduct (at APPENDIX C), and

(C) a proposed order of special admission.

(2) An attorney may be provisionally admitted for a particular case on oral motion without the required written motion and certificates in order to participate in initial preliminary matters, but such attorney must comply with the preceding subsection (d)(1) within 15 days of being provisionally admitted.

(3) Failure to comply with these rules, failure to keep the Clerk advised of a current address and telephone number, failure to attend scheduled conferences, hearings and other proceedings, or any misconduct shall be grounds for rescinding an order of special admission.

(e) Appearance in Civil Cases.

(1) An attorney representing a party in any civil case who has signed any of the following papers shall be deemed to have appeared in the case and need not file a separate notice of appearance: (i) a case-initiating document (including an original complaint, petition, or notice of removal), (ii) an original responsive pleading under Fed. R. Civ. P. 12(a)(1), or (iii) an original motion under Fed. R. Civ. P. 12(b), (e), or (f).

(2) Except as set forth in subsection (e)(1) above, any attorney representing a party in any civil case must file a separate written notice of appearance, including the attorney's Board of Professional Responsibility number, or similar number from the attorney's state of licensure, and other information required by LR 7.1, identifying the party or parties for whom the attorney will serve as counsel of record. The notice of appearance must be filed by the attorney promptly upon undertaking the representation and before or contemporaneously with the filing of any paper by such attorney. 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. In the case of a pro hac vice appearance, counsel shall, following compliance with subsection (d)(1) above and the entry of the order of special admission, comply with this subsection (e)(2).

(3) The filing of a notice of appearance does not, on its own, operate to waive any defense available under Fed. R. Civ. P. 12.

(f) Appearance in Criminal Cases. An attorney retained by a defendant in a criminal case and assistant United States attorneys shall file a written notice of appearance, including the attorney's Board of Professional Responsibility number, stating that the attorney will serve as counsel of record. For defense counsel, notice must be filed within 4 days after being retained or within four days after process is served on the client, whichever occurs later. In the case of a pro hac vice appearance, defense counsel shall comply with the requirements of subsection (d)(1) above.

As assistant United States attorneys, notice must be filed within four days of the return of indictment, or initial appearance, or unsealing of indictment, whichever last occurs. The provisions of this rule apply to attorneys who appear as substitute counsel and to those who appear as counsel to an attorney already appearing as counsel of record.

(g) Effect of Appearance as Counsel. By appearing in this Court or before a Magistrate Judge in a proceeding representing a client, an attorney represents to this Court, unless he or she affirmatively advises the Court to the contrary, that the attorney has complied with (c) or (e) above and is not currently under a disbarment or suspension from any other court. A party represented by counsel who has appeared in a case may not act on his or her own behalf unless that party's attorney has obtained leave of the Court to withdraw as counsel of record, provided that the Court may, in its discretion, hear a party in open Court, notwithstanding the fact that the party is currently represented by counsel of record.

(h) Conduct and Discipline. All attorneys practicing before the United States District Court for the Western District of Tennessee shall comply with these Local Rules, the Rules of Professional Conduct as then currently promulgated and amended by the Supreme Court of Tennessee, and with the Guidelines for Professional Courtesy and Conduct as adopted by this court (APPENDIX C).

(1) For a willful violation of the said Code or these Rules, an attorney is subject to appropriate disciplinary action by the Court in accordance with the procedures contained in this Court's Order Adopting Rules of Disciplinary Enforcement (filed 9/29/1980; copy available in clerk's office), as amended from time to time.

(2) If any attorney is convicted of or pleads nolo contendere to a felony or is disbarred from practice in any state or federal court, such attorney's right to practice in this Court shall be suspended immediately and may be restored only after application and hearing in accordance with the procedures contained in this Court's Order Adopting Rules of Disciplinary Enforcement (filed 9/29/1980; copy available in clerk's office), as amended from time to time.

(i) In any action or proceeding where a party is not represented by an attorney who

(1) holds a valid license to practice law in Tennessee and is a Tennessee Bar member in good standing,

(2) practices principally in a business office or a residence located within this District or within a one-hundred-mile radius of the Courthouse in the Division where the action or proceeding is pending, and

(3) has practiced regularly in this District during the preceding five years, the Court may at any time in its sole discretion require such party to engage co-counsel who meets the foregoing requirements ("Local Counsel"). The Court may modify such requirements to suit the needs of a particular case. Each Local Counsel, once retained, thenceforth shall sign every pleading, motion, formal discovery request or response, formal disclosure (including contentions prescribed by the Local Patent Rules), or any other paper filed or served on behalf of the represented party; and shall personally participate in every proceeding conducted before the Judge or Magistrate Judge and any deposition, unless such participation is excused by the Court in advance thereof.