Free Pro Hac Vice Applications - New Jersey

Requirements for Pro Hac Vice Admission in New Jersey (Superior Court of New Jersey, Civil Part and General Equity)
PURPOSE OF THIS PACKAGE This package provides information for staff to answer inquiries from attorneys seeking to appear pro hac vice in a civil matter in the Superior Court of New Jersey. An attorney of any other jurisdiction, of good standing there, or a New Jersey admitted attorney of good standing, may, at the discretion of the court in which any matter is pending, be permitted, pro hac vice, to speak in such matter in the same manner as an attorney of this state who maintains a bona-fide office for the practice of law in this state and who is, therefore, authorized to practice in New Jersey. The primary New Jersey Court Rule applicable to the admission of an attorney pro hac vice is Rule 1:21-2. Reference is also made to Rules 1:20-1(b), 1:28-2, and 1:28B-1(e).

Note: These materials have been prepared by the New Jersey Administrative Office of the Courts. The guides, instructions and forms will be periodically updated as necessary to reflect current New Jersey statutes and court rules. This material is being disseminated on the Judiciary=s internal InfoNet web site to provide staff with resource information to accurately respond to inquiries from out-of-state attorneys.
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The numbered steps listed below outlines the steps an out-of-state attorney or New Jersey licensed attorney who does not maintain a bona fide office will need to take to appear pro hac vice in the New Jersey Civil Courts. STEP 1: File and serve on all parties, in the pending litigation, a notice of motion seeking pro hac vice admission. The motion is supported by an affidavit or certification in accord with R. 1:21-2. A New Jersey licensed attorney, who is an attorney of record for a party in the litigation, may make a pro hac vice application on behalf of an out-of-state attorney. A motion shall be supported by an affidavit or certification of the out-of-state attorney stating, if true: a. The out-of state attorney is a member in good standing of the bar of the highest court of the state in which the attorney is domiciled or principally practices law. b. The attorney is associated in the matter with New Jersey counsel of record qualified to practice pursuant to R. 1:21-1. c. The client has requested represented by said attorney. to be 5. There is need for extensive discovery or other proceedings in the foreign jurisdiction in which the applicant is licensed. 6. Such other reason similar to those set forth above as would present good cause for the pro hac vice admission. certification shall specify the jurisdiction, the charges and the likely time of their disposition. An attorney admitted pro hac vice shall have the continuing obligation during the period of such admission promptly to advise the court of a disposition made of pending charges or of the institution of new disciplinary proceedings. e. There is good cause for the pro hac vice admission, including at least one of the following reasons: 1. The cause in which the attorney seeks admission involves a complex issue of law in which the attorney is a specialist. 2. There has been an attorney/client relationship with the client for an extended period of time. 3. There is a lack of local counsel with adequate expertise in the field involved. 4. The cause presents questions of law involving the law of the foreign jurisdiction in which the attorney is licensed.

d. No disciplinary proceedings are pending against the attorney in any jurisdiction and no discipline has previously been imposed on the attorney in any jurisdiction. If discipline has previously been imposed, the certification shall state the date, jurisdiction, and nature of the ethics violation, as well as the penalty imposed. If disciplinary proceedings are pending, the

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STEP 2: Submit a proposed form of order that complies with Rule 1:21-2(c) and other conditions required by the court. The order granting admission pro hac vice shall require the attorney to: 1. Abide by the court rules, including all disciplinary rules. 2. Consent to the appointment of the Clerk of the Supreme Court as agent upon whom service of process may be made for all actions against the attorney or the attorney's firm that may arise out of the attorney's participation in the matter. 3. Notify the court immediately of any matter affecting the attorney's standing at the bar of any other court. 4. Have all pleadings, briefs and other papers filed with the court signed by an attorney of record authorized to practice in this State, who shall be held responsible for them and for the conduct of the cause and of the admitted attorney therein. The order may contain further requirements concerning the participation of New Jersey counsel as the court from time to time deems necessary. It is suggested that the attorney contact the judge handling the matter to see if there are further requirements. A sample order is attached as Form A.

Lawyers= Fund for Client Protection. The address is:
New Jersey Lawyers= Fund for Client Protection Hughes Justice Complex P.O. Box 961 25 West Market Street Trenton, New Jersey 08625-0961 Tele: 609-292-8079

The fee varies depending on the year of admission. The operative year of admission is that of the jurisdiction in which the attorney appearing pro hac vice was first licensed. Attorneys licensed in New Jersey, who seek admission pro hac vice, will have their assessment governed by their status as a New Jersey attorney.1 Note: Until the litigation is ended, or the pro hac vice order is terminated, attorneys admitted pro hac vice must make subsequent annual Lawyers= Fund for Client Security payments. STEP 4: File an affidavit or certification with the court documenting fulfillment of Step 3.

STEP 3. Submit a copy of the order and pay the fee required by Rule 1:20-1 to Lawyers= Fund for Client Security. An out-of-state attorney or a New Jersey licensed attorney must mail or deliver a true copy of the order and the annual fee to the

A licensed New Jersey attorney must be a member in good standing of the New Jersey Bar before he or she may appear pro hac vice. See, Boston University v. Univ. of Medicine and Dentistry of NJ, 176 N.J. 141 (2003), (New Jersey attorney without a bona fide New Jersey office and in arrears to the New Jersey Client Security Fund for Client Protection is ineligible for pro hac vice admission, notwithstanding that the attorney=s good standing status in another jurisdiction).

1

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PrintForm

Clear form

Attorney Name Attorney Address Attorney Telephone Attorney for Plaintiff][Defendant]

Form A

Plaintiff, v.

SUPERIOR COURT OF NEW JERSEY LAW/CHANCERY DIVISION COUNTY Docket No: CIVIL ACTION ORDER ADMITTING ATTORNEY PRO HAC VICE

Defendant.

This matter being opened to the court by and the attorney of record for to permit

a New Jersey attorney , an , to

attorney admitted to the practice of law in the State [Commonwealth] of

participate with other counsel for ______________ in all phases of the trial, and it appearing that is a licensed attorney in good standing in the State [Commonwealth] of and it appearing that [state the reason for the pro hac vice request]:

It is on this

day of

, 20

, ORDERED that

___________________ be and hereby is admitted pro hac vice and is authorized to appear and participate with other counsel for the following conditions: in all phases of the trial, subject to

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1. 2.

__________________________ shall abide by the New Jersey Court Rules _________________________ shall, and hereby does, consent to the appointment that may arise out of his/her participation in

including all disciplinary rules, R. 1:20-1 and R. 1:28-2. of the Clerk of the Supreme Court as his/her agent upon whom service of process may be made for all actions against the matter. 3. 4. __________________________ shall immediately notify the court of any matter __________________________ shall have all pleadings, briefs and other papers affecting his standing at the Bar of any other jurisdiction. filed with the court signed by an attorney of record authorized to practice in New Jersey, who shall be held responsible for them, the conduct of the litigation and the attorney admitted herein. 5. 6. 7. 8. 9. removal. 10. hereof. _______________________________ ,J.S.C. A copy of this order shall be served on all parties within seven (7) days of the date __________________________ cannot be designated as trial counsel. No discovery, motion, trial or any other proceeding delay shall occur or be __________________________ must, within ten (10) days, pay the fees required by Pro hac vice admission will automatically terminate for failure to make the initial Non-compliance with any of the terms of this order shall constitute grounds for

requested by reason of the inability of __________________________ to be in attendance. R. 1:20-1(b) and R. 1:28-2 and submit an affidavit of compliance. and any annual payment required by R. 1:20-1(b) and R. 1:28-2.

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