- #Pro hac vice registration
- #Pro hac vice pro
- #Pro hac vice license
- #Pro hac vice free
Doing so encourages both commerce and the fair administration of justice.
#Pro hac vice pro
Ohio's courts should welcome out-of-state lawyers who comply with a reasonable pro hac requirement. Those licenses that were allowed to expire or that were withdrawn in the absence of misfeasance or malfeasance should not disqualify a lawyer from receipt of a certificate.
#Pro hac vice license
We recommend modifying the rule to provide for explanation of why a given license may have lapsed or expired-whether for "good" reason, or for misfeasance or malfeasance. Under ?2(A)(5)(c), the applicant must validate that "the attorney is currently a member in good standing in all jurisdictions listed pursuant to (b)" (emphasis added). Under ?2(A)(5)(b), an applicant attorney must identify all prior licenses granted to the applicant to practice law.
#Pro hac vice registration
We recommend establishing a presumption that allows pro hac admission after a registration application is submitted, which would be subject to revocation if the registration is denied. By imposing a registration obligation at the inception of litigation, the amendments would effectively preclude out-of-state counsel from participating in early, often crucial, stages of litigation. This is likely to cause a bottleneck for the administration of justice, as the amendments impose no time limit on the Court for processing registrations and, at least in the early implementation of the amendments, an out-of-state attorney is unlikely to seek registration until a relatively short timeline for such processing exists.
Under ?2(A)(3) of the Pro Hac Amendments, an out-of-state lawyer would be required not only to apply for registration, but also to have received an actual certificate of registration from the Court, as prerequisite to any pro hac admission. We recommend increasing the limit on the number of appearances from three to not fewer than six, and further recommend that the rule contain additional flexibility to appear in related proceedings without violating the cap on appearances. This is unduly restricting for many out-of-state counsel who appear in related proceedings. The Pro Hac Amendments at ?2(A)(4) would create a presumptive limit of three appearances in any given year of registration. Thompson Hine recommends that the following suggestions be implemented: #Pro hac vice free
Further, they would inhibit both access to Ohio courts and the free flow of commerce in Ohio, at a time when neither result is welcome. The amendments would likely cause disruption of even routine legal proceedings. The Pro Hac Amendments would dramatically change the obligations of counsel seeking pro hac admission before Ohio tribunals, and would do so in a manner that we believe would ill serve Ohio and its courts.
The ability of in-house counsel to appear under the existing pro hac rule is beneficial to our clients' business activities in Ohio, and enhances their willingness to pursue those activities. Our clients, particularly those with a national presence and in-house legal support, rely on the existing rule only as necessary and as appropriate to their presence in Ohio. In fact, the existing rule functions well by providing each court and tribunal the opportunity to evaluate those lawyers appearing before it. We have observed little, if any, abuse of the existing pro hac rule. Require an out-of-state attorney to file an application and $100 annual registration fee before applying to appear pro hac vice.Īs a firm with offices throughout the state, our lawyers appear regularly in virtually all Ohio courts and agencies. Permit the administrative revocation of privileges to practice pro hac vice if the attorney does not comply with certain provisions of the rule. Establish basic criteria for admission, including a statement of good standing in all jurisdictions in which the attorney is admitted, acknowledgement of Ohio's attorney disciplinary rules and a statement that the attorney has not appeared more than three times in a calendar year in a pro hac vice capacity. Pro hac vice is a privilege granted by a tribunal to out-of-state attorneys not admitted to practice law in Ohio to appear before the tribunal on a limited basis. Centralize the administration of pro hac vice admission through the Supreme Court's Office of Attorney Services. 
XII of the Rules for the Government of the Bar proposes the following to go into effect Janu(the " Pro Hac Amendments"):
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