Published
November 7, 2026
The phrase “pro hac vice forthcoming” appears under lawyers’ names on many class action complaints because national firms often file in states where they are not licensed. The note explains who is allowed to argue the case, and it changes nothing about who is in the class or how a settlement pays.
What Pro Hac Vice Means
Pro hac vice is Latin, usually translated as “for this occasion.” In American courts it describes permission for a lawyer who is not licensed in that jurisdiction to appear in one particular case. Lawyers are licensed state by state, and every court decides which lawyers may file papers and argue before it. Pro hac vice is how a court lets in a qualified outsider for a single case without requiring the lawyer to join the state’s bar. OCA’s pro hac vice glossary entry has the short definition.Why Class Actions Rely on It
Class actions tend to be handled by firms that bring the same kind of case over and over: data breaches, privacy claims, securities fraud, false advertising. Those firms are based in a handful of cities, but the lawsuits are often filed where the defendant is headquartered or where a state law claim is strongest. A Chicago firm suing an Atlanta company in a Georgia state court cannot simply file there.The usual arrangement is a partnership. A local firm whose lawyers are admitted in that court signs and files the complaint, and the national firm’s lawyers apply to join the case pro hac vice. The local lawyers usually stay on as counsel of record, and many courts require them to.
How to Read It in Court Papers
The signature block at the end of a complaint shows the arrangement. Locally admitted lawyers are listed with their state bar numbers. Lawyers who are not yet admitted are often marked with an asterisk and a footnote reading “pro hac vice forthcoming” or “pro hac vice application pending.” After the court grants the application, later filings usually list them as “admitted pro hac vice.”The complaint in the Lowe Engineers data breach case, filed in Fulton County, Georgia, in March 2026, is a typical example. It was signed by two Atlanta lawyers with Georgia bar numbers and also listed a Chicago lawyer marked “pro hac vice forthcoming.” When the case settled, the notice named that Chicago lawyer’s firm as class counsel.
On a docket, the process shows up as a motion or application for admission pro hac vice, followed by an order granting or denying it. In federal court these entries are on PACER; in state court they appear in that court’s electronic filing system.
What the Application Involves
Every state court system and every federal district court writes its own rule, so the requirements differ. Most ask for some version of the following:- a written application or motion, often sworn, listing the lawyer’s bar admissions and any discipline;
- good standing in at least one other jurisdiction;
- a locally admitted lawyer who sponsors the application;
- a filing fee, paid to the court or the state bar.
Georgia’s superior courts, for example, follow Uniform Superior Court Rule 4.4, under which an out-of-state lawyer files a verified application with a sponsoring Georgia lawyer and the State Bar of Georgia reviews it. Admission is generally up to the judge, and a court can revoke it for misconduct.
The American Bar Association’s Model Rule 5.5, adopted in some form by most states, treats temporary work on a case where a lawyer is or reasonably expects to be admitted pro hac vice as permitted practice. That is what allows a national firm to investigate and draft a complaint before its lawyers are formally admitted.
The Exception in Multidistrict Litigation
When the Judicial Panel on Multidistrict Litigation transfers federal cases from many districts to one judge, lawyers generally do not have to apply pro hac vice in the new court. The Panel’s Rule 2.1(c) lets an attorney of record in a transferred case keep representing the client in the transferee court and says the parties need not hire local counsel there. That is one reason a single MDL can involve dozens of firms from across the country.Pro Hac Vice Is Not the Same as Class Counsel
Pro hac vice admission only lets a lawyer appear. Becoming class counsel is a separate decision. In federal court, Rule 23(g) of the Federal Rules of Civil Procedure directs the judge to appoint class counsel when certifying a class, weighing the work counsel has done on the case, their experience with class actions, their knowledge of the law and the resources they will commit. State class action rules set up similar appointments. A lawyer admitted pro hac vice can be appointed class counsel, as often happens, but the admission itself does not make them one.What It Means for Class Members
Very little. Pro hac vice settles who may speak for the class in court; it does not change who is in the class, what a settlement pays or how a claim is filed. Class members are represented by the court-appointed class counsel without hiring a lawyer, and the court reviews any fee request before it is paid. Settlement claims are filed on the official settlement website, and filing one does not require a lawyer. OCA’s pro se entry explains what self-representation does and does not allow in a class action.Free settlement alerts
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Frequently Asked Questions
What does pro hac vice mean in plain English?
Pro hac vice is Latin for “for this occasion.” It is a court’s permission for a lawyer who is not licensed in that jurisdiction to appear in one specific case, usually with a locally licensed lawyer as sponsor.
Why do class action complaints list lawyers from other states?
Many class actions are handled by firms that bring the same type of case across the country. When they file in another state, they work with a local firm whose lawyers are admitted there, and their own lawyers apply for pro hac vice admission.
Is a lawyer admitted pro hac vice the same as class counsel?
No. Pro hac vice admission only allows a lawyer to appear in the case. Class counsel is a separate appointment the court makes when it certifies a class or approves a settlement, after weighing factors such as the lawyers’ experience and the work they have done on the case.
Do class members need their own lawyer because of pro hac vice?
No. Pro hac vice affects only which lawyers may appear in court. Class members are represented by the court-appointed class counsel, and a settlement claim can be filed without a lawyer.
Sources
• Georgia Uniform Superior Court Rule 4.4 (admission pro hac vice)• American Bar Association Model Rule of Professional Conduct 5.5 (unauthorized practice of law; multijurisdictional practice)
• Rules of Procedure of the Judicial Panel on Multidistrict Litigation, Rule 2.1(c)
• Federal Rule of Civil Procedure 23(g) (class counsel)
• Class Action Complaint, Galdun v. Lowe Engineers, LLC, No. 26CV003778 (Ga. Super. Ct. Fulton Cnty., filed Mar. 16, 2026)
About This Page
OpenClassActions.com is a consumer news and information site, not a law firm. This article is general information about how out-of-state lawyers are admitted to handle a case. It is not legal advice, and reading it does not create an attorney-client relationship.
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