Pro hac vice is a court’s permission for a lawyer licensed in another state to appear in one specific case, usually alongside a locally licensed lawyer. It is why so many class action complaints and settlement notices list lawyers from out of state.
Quick Answer
Pro hac vice is Latin for “for this occasion.” Lawyers are licensed state by state, and each court decides who may appear before it. A lawyer who is not admitted in a court can ask it for permission to appear in a single case. The lawyer files an application, usually sponsored by a locally admitted lawyer and with a fee, and the judge decides whether to grant it. Admission covers only that case. The note “pro hac vice forthcoming” on a complaint means the lawyer has not been admitted yet but plans to apply.
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What Pro Hac Vice Means
Lawyers in the United States are licensed by individual states, and each court controls which lawyers may appear before it. A lawyer admitted in Illinois is not automatically allowed to file papers or argue in a Georgia court. Pro hac vice is the exception that lets a court admit an otherwise qualified out-of-state lawyer for one case only, without that lawyer joining the state’s bar.The phrase is Latin, usually translated as “for this occasion” or “for this turn.” In court papers it is often shortened to “PHV,” and a lawyer admitted this way may be listed with “admitted pro hac vice” under their name.
How a Lawyer Is Admitted Pro Hac Vice
Each state court system and each federal district court sets its own pro hac vice rule, so the details vary. The common elements are:- An application or motion filed in the case, often verified, listing the lawyer’s bar admissions and disciplinary history.
- Good standing in at least one other jurisdiction.
- A sponsoring local lawyer admitted in that court, who typically stays on the case as counsel of record.
- A fee, paid to the court or the state bar.
- The judge’s approval. Admission is generally discretionary, and many courts limit how often the same lawyer can be admitted this way.
The American Bar Association’s Model Rule 5.5, which most states have adopted in some form, treats temporary work on a case where a lawyer is or reasonably expects to be admitted pro hac vice as permitted practice. That covers the work done while the application is still pending.
Why It Shows Up in Class Actions
Class actions are often brought by firms that handle the same kind of case in many states, such as data breach, privacy or securities litigation. A firm based in one state frequently files in the state where the defendant is located, so it partners with a local firm and its own lawyers apply pro hac vice.That is why a complaint’s signature block may show a local lawyer with a state bar number, followed by out-of-state lawyers marked with an asterisk and the note “pro hac vice forthcoming.” In the Lowe Engineers data breach case in Fulton County, Georgia, for example, the complaint was signed by Atlanta lawyers and listed a Chicago lawyer with that note; the court later appointed that lawyer’s firm as class counsel.
What Pro Hac Vice Does Not Do
Pro hac vice admission does not make a lawyer a member of that state’s bar or let the lawyer take other cases there. It ends when the case ends, and the court can revoke it for misconduct. The admitted lawyer is bound by the court’s rules and the local rules of professional conduct for the life of the case.For class members, pro hac vice is mostly a detail of who appears 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 class counsel without hiring their own lawyer, and anyone can file a settlement claim without a lawyer.
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Frequently Asked Questions
What does “pro hac vice forthcoming” mean on a complaint?
It means the lawyer listed is not admitted in that court and has not yet been granted pro hac vice admission, but intends to apply. Until the court grants the application, a locally admitted lawyer signs and files on the lawyer’s behalf.
Does pro hac vice admission let a lawyer practice in that state generally?
No. Pro hac vice admission is limited to the single case named in the application. The lawyer needs a separate admission for any other case in that court, and it does not make the lawyer a member of that state’s bar.
Can a court deny or revoke pro hac vice admission?
Yes. Pro hac vice admission is generally a matter of the court’s discretion, not a right. Courts can deny an application that does not meet the local rule and can revoke admission for misconduct during the case.
Does pro hac vice affect class members in a settlement?
Not directly. It only governs which lawyers may appear in the case. Class members do not need a lawyer of their own to file a settlement claim, and class counsel’s fees are set by the court whether or not those lawyers were admitted pro hac vice.
This page explains a legal term in general terms. It is not legal advice.
