Rule 4-4 Admission Pro Hac Vice

(a) Definitions. As used in this rule:

(1) The term "client" means a person or entity for whom the Domestic Lawyer or Foreign Lawyer has rendered services or by whom the lawyer has been retained prior to the lawyer's performance of services in this State.

(2) The term "Domestic Lawyer" means a person not admitted to practice law in this State but who is admitted in another state or territory of the United States or the District of Columbia and not disbarred or suspended from practice in any jurisdiction.

(3) The term "Foreign Lawyer" means a person authorized to practice law by the duly constituted and authorized governmental body of any foreign nation but not authorized by the Supreme Court of Georgia or its rules to practice law in this State and not suspended from practice in any domestic or foreign jurisdiction.

(4) The term "Georgia Counsel" refers to an active member in good standing of the State Bar of Georgia who sponsors an applicant's pro hac vice request.

(5) The term "Office of General Counsel" means the Office of General Counsel of the State Bar of Georgia.

(6) The term "this State" refers to the State of Georgia.

(b) Eligibility. A Domestic Lawyer or Foreign Lawyer shall be "eligible" for admission pro hac vice if that lawyer —

(1) lawfully practices solely on behalf of the lawyer's employer and its commonly owned organizational affiliates, regardless of where such lawyer may reside or work;

(2) neither resides nor is regularly employed at an office in this State; or

(3) 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 pursuant to admission pro hac vice or in other lawful ways and, in the case of a Foreign Lawyer, is and remains in the United States in lawful immigration status.

(c) Admission of Domestic Lawyer or Foreign Lawyer. The Court may, in its discretion, admit an eligible Domestic Lawyer or Foreign Lawyer retained to appear in a particular proceeding pending before the Court to appear pro hac vice as counsel in that proceeding.

(d) Role of Georgia Counsel. When a Domestic Lawyer or Foreign Lawyer appears for a client in a proceeding before this Court, either in the role of co-counsel of record with Georgia Counsel, or in an advisory or consultative role, the Georgia Counsel who is co-counsel or counsel of record for the client in the proceeding remains responsible to the client and responsible for the conduct of the proceeding before this Court. It is the duty of the Georgia Counsel to advise the client of the Georgia Counsel's independent judgment on contemplated actions in the proceeding if that judgment differs from that of the Domestic Lawyer or Foreign Lawyer. Georgia Counsel shall receive service of all filings in the action. Georgia Counsel shall also attend in person all proceedings before the Court, unless the Court waives this requirement in advance of such proceedings. Attendance of Georgia Counsel at depositions shall not be required unless otherwise ordered by the Court.

(e) Application Procedures. The application procedures to appear pro hac vice before the Court shall be as follows:

(1) Verified Application. An eligible Domestic Lawyer or Foreign Lawyer seeking to appear in a proceeding pending in the Court as counsel pro hac vice shall file a verified application with the Court. The application shall be served on all parties who have appeared in the case and the Office of General Counsel. The Court has the discretion to grant or deny the application summarily if there is no opposition.

(2) Objection to Application. The Office of General Counsel or a party to the proceeding may file an objection to the application or seek the Court's imposition of conditions to the application being granted. The Office of General Counsel or an objecting party shall file with its objection information establishing a factual basis for the objection. The Office of General Counsel or objecting party may seek denial or modification of the application. If the application has already been granted, the Office of General Counsel or objecting party may move that the pro hac vice admission be withdrawn.

(3) Standard for Admission and Revocation of Admission. The Court shall have discretion as to whether to grant an application for admission pro hac vice and to set the terms and conditions of such admission. An application ordinarily should be granted unless the Court or Office of General Counsel finds reason to believe that —

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

(B) such admission may be detrimental to a legitimate interest of a party to the proceedings other than a client the applicant proposes to represent;

(C) such admission may place a client the applicant proposes to represent at risk of receiving inadequate representation and such client cannot adequately appreciate that risk;

(D) the applicant has engaged in such frequent appearances as to constitute the regular practice of law in this State; or

(E) the applicant has previously filed or appeared in an action in a court of this State without securing prior approval pursuant to the applicable court rules.

(4) Revocation of Admission. Admission to appear as counsel pro hac vice in a proceeding may be revoked for any reason for revocation of admission listed in subsection (3) of section (e) of this rule.

(5) Required Information, Fees, and Exemption. The required information, application fee, annual fee, and exemption for admission pro hac vice to the Court shall be as follows:

(A) Required Information. An application shall state the information listed in the pro hac vice materials available on the Court's website. The applicant may also include any other matters supporting admission pro hac vice.

(B) Application Fee. An applicant for permission to appear as counsel pro hac vice under this rule shall pay a one-time, non-refundable fee of $75 for each application for pro hac vice admission to this Court payable to the State Bar of Georgia at the time of filing the application.

(C) Annual Fee. Any Domestic Lawyer or Foreign Lawyer who has been granted admission pro hac vice before any court of this State shall pay an annual fee of $200, regardless of the number of pro hac vice admissions, upon the first such admission, and on or before January 15 of each calendar year thereafter for so long as the Domestic Lawyer or Foreign Lawyer is admitted pro hac vice before any court of this State. The annual fee shall be payable to the State Bar of Georgia.

(D) Exemption for Pro Bono Representation. An applicant shall not be required to pay the fees established in paragraphs (B) and (C) of this subsection if: the applicant (i) will not charge an attorney fee to his or her client; and (ii) is employed or associated with a pro bono project or nonprofit legal services organization in a civil case involving a client of such programs.

(f) Authority of the Office of General Counsel and Business Court over an Applicant, Domestic Lawyer, or Foreign Lawyer. The authority of the Office of General Counsel and Business Court regarding the application of ethical rules, discipline, contempt, and sanctions to an applicant, Domestic Lawyer, or Foreign Lawyer shall be as follows:

(1) While an application for admission pro hac vice is pending, and upon the grant of such application, a Domestic Lawyer or Foreign Lawyer shall submit to the authority of the Business Court and the Office of General Counsel for all conduct relating in any way to the proceeding in which the Domestic Lawyer or Foreign Lawyer seeks to appear. The applicant or a Domestic Lawyer or Foreign Lawyer who has obtained pro hac vice admission in a proceeding shall submit to this authority for all of his or her conduct —

(A) within this State while the proceeding is pending; and

(B) arising out of or relating to the application or the proceeding.

(2) An applicant, Domestic Lawyer, or Foreign Lawyer who has pro hac vice authority for a proceeding may be disciplined in the same manner as an in-State lawyer.

(3) The authority of the Business Court and Office of General Counsel includes, without limitation, the authority to —

(A) enforce these rules and the State Bar of Georgia's Rules of Professional Conduct;

(B) issue contempt and sanctions orders;

(C) enforce the rules of other courts; and

(D) mandate compliance with other court policies and procedures.

(g) Familiarity with Rules. An applicant for admission pro hac vice in matters before the Business Court shall become familiar with the State Bar of Georgia's Rules of Professional Conduct, these rules, and any standing order of the Court.

(h) Temporary Practice. An out-of-state lawyer will be eligible for admission pro hac vice, or to practice in another lawful way, only on a temporary basis.

(i) Conflicts. The conflicts of the Domestic Lawyer or Foreign Lawyer shall not delay any deadline, deposition, mediation, hearing, or trial in connection with the case for which admission has been granted by the Court.

(j) Federal Proceedings. This rule shall not govern proceedings before any federal court or federal agency located in this State, unless that body adopts or incorporates this rule.