Pro Hac Admission to practice in NJ
Rule 1:21-2. Appearances Pro Hac Vice (a) Conditions for Appearance.
(1) An attorney of any other United States jurisdiction, of good standing there, whether practicing law in such other jurisdiction as an individual or a member or employee of a partnership or an employee of a professional corporation or limited liability entity authorized to practice law in such other jurisdiction, or an attorney admitted in this State, 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 is in compliance with Rule 1:21-1(a)(1). Except for attorneys who are employees of and are representing the United States of America or a sister state, no attorney shall be admitted under this rule without annually complying with Rule 1:20-1(b), Rule 1:28-2, and Rule 1:28B-1(e) during the period of admission. An attorney granted admission pro hac vice in accordance with this rule must include a copy of the order granting such permission when submitting to the New Jersey Lawyers’ Fund for Client Protection the annual fee provided for by Rule 1:20-1 and the other rules referred to herein. An attorney admitted both in this State and any other jurisdiction shall not, however, be permitted to appear pro hac vice if for any reason disqualified from practice in this State.
(2) A foreign attorney (licensed outside the United States), of good standing there, whether practicing law in such foreign jurisdiction as an individual or a member or employee of a partnership or an employee of a professional corporation or limited liability entity authorized to practice law in such foreign jurisdiction, 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 is in compliance with Rule 1:21-1(a)(1).
A foreign attorney may not advise the client on the substantive law of a United States jurisdiction or on procedural issues. New Jersey counsel must accompany the foreign attorney at all proceedings. No foreign attorney shall be admitted under this rule without annually complying with Rule 1:20-1(b), Rule 1:28-2, and Rule 1:28B-1(e) during the period of admission. A foreign attorney granted admission pro hac vice in accordance with this rule must include a copy of the order granting such permission when submitting to the New Jersey Lawyers’ Fund for Client Protection the annual fee provided for by Rule 1:20-1 and the other Rules referred to herein. A foreign attorney admitted both in this State and any other jurisdiction shall not, however, be permitted to appear pro hac vice if for any reason disqualified from practice in this State.
(b) Application for Admission. An application for admission pro hac vice shall be made on motion to all parties in the matter; which shall contain the following:
(1) In civil, criminal, and municipal actions, the motion shall be supported by an affidavit or certification of the attorney stating that:
(A) the 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 or, for foreign attorneys, the attorney is a member in good standing of the bar of the highest court of the jurisdiction 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 Rule 1:21-1;
(C) the client has requested to be represented by said attorney; and
(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, nature of the ethics violation and the penalty imposed. If proceedings are pending, the 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) With regard to foreign attorneys, associated New Jersey counsel must submit a separate affidavit stating that he or she has evaluated the foreign attorney’s credentials and certifies his or her satisfaction with them.
(2) In criminal and municipal actions a motion so supported shall be granted unless the court finds, for specifically stated reasons, that there are supervening considerations of judicial administration.
(3) In civil actions the motion shall be granted only if the court finds, from the supporting affidavit, that there is good cause for such admission, which shall include at least one of the following:
(A) the cause in which the attorney seeks admission involves a complex field of law in which the attorney is a specialist, or
(B) there has been an attorney-client relationship with the client for an extended period of time, or
(C) there is a lack of local counsel with adequate expertise in the field involved, or
(D) the cause presents questions of law involving the law of the outside jurisdiction in which the applicant is licensed, or
(E) there is need for extensive discovery or other proceedings in the outside jurisdiction in which the applicant is licensed, or
(F) such other reason similar to those set forth in this subsection as would present good cause for the pro hac vice admission.
(c) Contents of Order. The order granting admission pro hac vice shall require the attorney to:
(1) abide by these 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; and
(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.
(d) Appearances in Subsequent Courts. An attorney permitted to speak pro hac vice by order entered by the trial court may speak in the cause on appeal by filing with the clerk of the appellate court a copy of the trial court's order together with a certification stating that all the conditions of the order have been complied with and, to the extent applicable, will continue to be complied with in the appellate court.
(e) Revocation of Permission to Appear. The court may, on its own or a party's motion, withdraw the permission to appear granted pursuant to this rule for good cause shown. In the event of said revocation, the court shall make such further order respecting the further progress of the litigation as the circumstances may require.
A reputable NJ attorney has prepared a checklist for out of state attorneys seeking to handle a matter in NJ.
1. Select trial experienced local counsel. Why?? A condition of admission is that NO adjournments (or even requests for adjournments) of discovery, motions, trial or any other proceeding are permitted due to out of state counsel not being able to attend. You or your client may be in a position where you need to rely for something important on local counsel so "choose wisely".
Ken Vercammen has been handling criminal, civil and Municipal court cases in New Jersey State courts for 30 years.
2. Obtain a current certificate of good standing from your state bar association. This is required as part of the PRO HAC motion submission. Some bar associations take weeks to provide this documentation so start the process early and avoid delays.
3. File a motion in Vicinage County Court. The motion must be filed by local counsel pursuant to court rules NJSA 1:21-2(b), as all documents filed with the court must be signed by local counsel. A certification of the attorney to be admitted and an order detailing the terms and continuing requirements of admission must be submitted along with the notice of motion.
4. Submit certification of attorney requesting PRO HAC admission. The certification must confirm that the attorney is in good standing admitted to practice in his/her jurisdiction, accompanied by a certificate of good standing, the office address and contact information in that jurisdiction. It should include confirmation that the client has requested their representation and any other reasons why it is appropriate for them to be admitted (long term relationship, specially area of practice, existing familiarity with the case, etc.), and confirmation that the attorney will pay the NJ Lawyers Fund for Client Protection required by Court Rules NJSA 1:28-2 & 1:20-1(b) along with the other continuing requirements set forth in the order section below.
5. Submit the PRO HAC order with your motion. The order should specify the terms of admission below or it will likely be rejected.
-Abide by NJ Court Rules
-Notify the court of any matter affecting standing at the Bar of any jurisdiction
-PRO HAC cannot be “designated trial counsel”
-all pleadings, briefs and other papers filed with the court signed by an attorney of record authorized to practice in New Jersey
-No discovery, motion, trial or any other proceeding delay shall occur or be requested by reason of the inability to be in attendance
pay the fees required by R. 1:20-1(b) and R. 1:28-2 and submit an affidavit of compliance
-Pro hac vice admission will automatically terminate for failure to make the initial and any annual payment required by R. 1:20-1(b) and R. 1:28-2
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