Pro hac vice is a court order that gives a lawyer licensed in one state temporary permission to handle a specific case in another state where that lawyer is not admitted to the bar. The Latin phrase means “for this occasion,” and the admission is exactly that narrow: it covers one case, it ends when that case ends, and it does not let the visiting attorney practice generally in the host state. To get it, the out-of-state lawyer must team up with a locally licensed attorney, file a motion with the court, and satisfy a short list of requirements the judge has full discretion to weigh.
Why Lawyers Seek Pro Hac Vice Admission
Two situations drive most applications. The first is continuity. A client has worked with a particular attorney for years, a lawsuit lands in a state where that attorney isn’t licensed, and neither side wants to start over with someone new. Pro hac vice lets the existing relationship carry into the new forum.
The second is specialization. Complex patent litigation, multi-state corporate disputes, and narrow regulatory matters often call for someone with deep expertise in a specific field, and the right lawyer may practice from across the country. Rather than forcing the specialist to join another state’s bar for one case, the court can admit them temporarily.
What the Out-of-State Attorney Must Show
The visiting attorney has to be a member in good standing of the bar in at least one U.S. jurisdiction. Good standing means an active license with no pending disciplinary matters, and courts verify it by requiring a Certificate of Good Standing from the attorney’s home state bar.1Cornell Law School. Pro Hac Vice
The attorney must also agree to follow the host court’s rules of procedure and professional conduct. Courts expect a real effort to learn those rules before entering the courtroom, and procedural mistakes don’t get excused on the ground that the attorney is unfamiliar with local practice.1Cornell Law School. Pro Hac Vice
Nearly every jurisdiction also requires formal association with local counsel for the duration of the case.1Cornell Law School. Pro Hac Vice Some jurisdictions require the applicant to carry professional liability insurance that meets local standards, so that threshold is worth checking before the motion is drafted.
Most courts require disclosure of every prior pro hac vice application the attorney has filed in that jurisdiction. Judges use that history to spot attorneys who are effectively running a regular practice in the state without ever joining its bar, which pro hac vice is not designed to allow.1Cornell Law School. Pro Hac Vice
The Role of Local Counsel
Local counsel is not a formality. Once the out-of-state attorney is admitted, local counsel becomes the attorney of record and is responsible to the court for the way the case is conducted.1Cornell Law School. Pro Hac Vice
In practice, local counsel signs and files the pleadings, motions, and briefs. They receive official notices, serve as the primary point of contact for the court and opposing counsel, and when there’s any question about who should sign a document, the safe default is local counsel.1Cornell Law School. Pro Hac Vice Many jurisdictions require local counsel to attend every court proceeding alongside the visiting attorney unless the judge specifically excuses that attendance.
Accountability runs with the role. If the visiting attorney misses a deadline, files something improper, or behaves badly in court, local counsel can be sanctioned too. For clients, this means the pro hac vice route involves paying two lawyers, because local counsel’s participation is a real, ongoing cost through the life of the case.
How the Application Works
Local counsel files a motion with the court presiding over the case, asking the judge to allow the out-of-state lawyer to appear. The visiting attorney files a sworn affidavit alongside the motion. The affidavit lays out the attorney’s office address, every jurisdiction where they hold a license, confirmation of good standing, and disclosure of any disciplinary history or felony convictions.
A non-refundable filing fee goes with the application. Fees vary widely by jurisdiction. Some charge in the range of $150 to $250, while others set the fee at $500 or more, and the money may go to the court, the state bar, or both. Once the package is complete, the judge reviews it and decides. Approval is discretionary, not automatic.
The admission typically lasts for the life of the case and expires on its own when the matter concludes. A few jurisdictions set a fixed time limit instead. The order is tied to one case and cannot be transferred: every new matter requires a new motion and a new fee.
What You Can Do Before the Order Is Entered
A common worry is whether any work in the host state before the admission order comes through counts as unauthorized practice of law. Most states, following some version of ABA Model Rule 5.5, allow a lawyer who reasonably expects to be admitted pro hac vice to do limited preparatory work.2American Bar Association. Rule 5.5 Unauthorized Practice of Law Multijurisdictional Practice of Law
That work generally includes meeting with the client, interviewing witnesses, reviewing documents, and taking depositions tied to the case.3American Bar Association. Comment on Rule 5.5 Unauthorized Practice of Law Multijurisdictional Practice of Law What the attorney cannot do is file anything with the court. A complaint or motion filed before the pro hac vice order is entered can be struck, and the attorney may face discipline or be ordered to return fees already collected.1Cornell Law School. Pro Hac Vice
Pro Hac Vice in Federal Courts
There is no single federal rule. Each federal district sets its own requirements through local rules, and the differences matter. Some districts closely mirror the state court procedure next door. Others add layers, like requiring a Certificate of Good Standing from every state bar the attorney has ever been admitted to, or requiring registration in the court’s electronic filing system before the motion will be considered.
At least one federal district does not permit pro hac vice admission at all and requires out-of-state attorneys to seek full admission to the court’s bar before practicing there. Nothing in one district’s procedure can safely be assumed to apply in another. Pull the local rules for the specific district before filing.
Federal appellate courts run their own procedures. Some circuits limit pro hac vice admission to attorneys handling pro bono cases, and the forms and requirements differ from circuit to circuit.
Administrative and Transactional Matters
Pro hac vice rules are built around litigation, where a case number and a judge make the order possible. Many administrative agencies follow similar procedures and have their own admission rules for out-of-state practitioners appearing before them.1Cornell Law School. Pro Hac Vice
Transactional work is less settled. With no pending case, there’s no court to grant admission, and courts haven’t addressed the gap clearly. The safer approach for out-of-state lawyers handling transactions is to work alongside a locally licensed attorney as co-counsel, even without a formal pro hac vice order, to avoid unauthorized-practice problems.1Cornell Law School. Pro Hac Vice
Why Motions Get Denied or Revoked
Judges deny these motions more often than many attorneys expect. The usual grounds include:
- Overuse. Pro hac vice is meant to be used sparingly. Some jurisdictions expressly cap the number of cases an attorney can handle this way over a set period, such as a few within five years. A pattern of repeated applications can be read as avoiding full bar admission and denied on that basis alone.1Cornell Law School. Pro Hac Vice
- Disciplinary history. Applicants must disclose any past censure, suspension, disbarment, or pending disciplinary proceeding. A significant record gives the judge clear grounds for denial even when the attorney is technically in good standing when applying.
- Incomplete or inaccurate applications. A missing Certificate of Good Standing, an omitted disclosure, or a misleading affidavit can sink the motion. Courts treat the accuracy of these filings seriously.
- Residency or business presence in the state. If the attorney lives there or regularly works there, the court may decide they should join the local bar rather than use a procedure built for genuinely out-of-state practitioners.
Admission can also be revoked after it is granted. Misconduct during the case, misrepresentations discovered after the fact, or discipline in the attorney’s home state can all prompt the host court to withdraw the admission. A revocation mid-case can seriously disrupt the client, which is another reason to make the application thorough and honest from the start.
Discipline Follows the Visiting Attorney
Practicing pro hac vice puts the visiting attorney under the host state’s disciplinary authority for the duration of the case. That jurisdiction can investigate complaints, impose sanctions, and discipline the attorney the same way it would a locally licensed lawyer.1Cornell Law School. Pro Hac Vice
The consequences don’t necessarily stop at the state line. Some states impose reciprocal discipline, so sanctions in the host court can trigger a separate proceeding back home.1Cornell Law School. Pro Hac Vice An attorney admitted pro hac vice is effectively answerable to two bar systems at once, which is reason enough to learn the local rules before the first appearance.