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THE COURTS

Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CH. 81]

Interest on Lawyer Trust Account Board; Notice of Proposed Regulations Regarding Pro Hac Vice Admission

[35 Pa.B. 5638]

Request for Comments

   The Pennsylvania Interest on Lawyer Trust Account Board drafted these Regulations that are being published for public comment. It requests that interested persons submit suggestions, comments, or objections concerning this proposal to the Board through

Alfred J. Azen
Executive Director
Pennsylvania Interest on Lawyer Trust Account Board
115 State Street
P. O. Box 1025
Harrisburg, PA 17108-1025

no later than Thursday, December 15th, 2005. Comments must be submitted in writing and contain the name, address and telephone number of the person commenting and a concise statement of comments, objections or suggestions on this proposal. Comments submitted by facsimile will not be accepted.

   Persons with a disability who require an alternative format of this document should contact Alfred J. Azen at the address provided above or call him at (717) 238-2001.

   Note that an amendment to the Bar Examiners Rules would be necessary to effectuate these Regulations. The Pennsylvania Interest on Lawyer Trust Account Board will not put into effect these Regulations until the necessary amendments to the Bar Examiners Rules are authorized.

Introduction to Proposed Regulations

   These Regulations are to be read and applied in connection with the Pennsylvania Rules of Bar Admission. Nothing in these regulations shall be construed to relieve a lawyer from complying with any other rules applicable to the practice of law in Pennsylvania, including but not limited to, the Pennsylvania Rules of Bar Admission and the Pennsylvania Rules of Professional Conduct. Where these regulations contain directives pertaining to pro hac vice admission before a court in the Commonwealth of Pennsylvania which are more specific than that set forth in the Pennsylvania Rules of Bar Admission, the provisions of these regulations shall control.

Annex A

TITLE 204.  JUDICIAL SYSTEM GENERAL PROVISIONS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

Subpart A.  PROFESSIONAL RESPONSIBILITY

CHAPTER 81.  RULES OF PROFESSIONAL CONDUCT

Subchapter D.  PRO HAC VICE ADMISSION

Sec.

81.501.Definitions.
81.502.Scope.
81.503.Requirements and Procedure for Admission Pro Hac Vice.
81.504.Information to be Provided to IOLTA Board.
81.505.Fees.
81.506.Records Custodian.

§ 81.501.  Definitions.

   (a)  Admission pro hac vice. Special admission to the bar of this Commonwealth for purposes limited to a particular legal action before a court in this Commonwealth.

   (b)  Applicant. The lawyer seeking admission pro hac vice.

   (c)  IOLTA Board. The Pennsylvania Interest on Lawyer Trust Account Board.

   (d)  Lawyer. A member in good standing of the bar of the highest court of any state in the United States or admitted to practice law before any court in a foreign jurisdiction.

§ 81.502.  Scope.

   (a)  An attorney, barrister or advocate who is qualified to practice in the courts of another state or of a foreign jurisdiction may be specially admitted to the bar of this Commonwealth for purposes limited to a particular matter.

   (b)  An attorney admitted pro hac vice shall not be authorized to act as attorney of record for any action in this Commonwealth. The attorney should refer to the Pennsylvania Rules of Bar Admission.

§ 81.503.  Requirements and Procedure for Admission Pro Hac Vice.

   (a)  No oath shall be required of an attorney seeking admission pro hac vice.

   (b)  Pro hac vice admission shall be only on motion of a member of the bar of the Commonwealth of Pennsylvania, and, unless waived or otherwise not required, by payment of the fee required by § 81.505.

   (c)  Except as otherwise prescribed by general rule, admission pro hac vice shall be by written motion of a member of the bar of the Commonwealth of Pennsylvania, and shall be signed by that member. The motion shall recite all relevant facts and shall be filed with the clerk of the court or with the magisterial district judge before which the matter is pending at least three days prior to any appearance by the attorney seeking pro hac vice admission.

   (d)  Each motion for pro hac vice admission shall aver that the fee required by § 81.505(a) has been paid, or include as an attachment a copy of a fee payment certification from the IOLTA Board, unless payment of the fee is not required pursuant to § 81.505(c).

   (e)  Each motion for pro hac vice admission shall aver that the information required by § 81.504 has been provided to the IOLTA Board.

§ 81.504.  Information to be Provided to IOLTA Board.

   (a)  The following information shall be provided to the IOLTA Board with the fee required by § 81.505:

   (i)  The name, address, contact information, supreme court identification number of the active member of this Commonwealth who sponsors the applicant for pro hac vice admission.

   (ii)  The applicant's complete name, date of birth, residence address, law firm address and other contact information.

   (iii)  The name and address of each court and a full identification of the proceeding.

   (iv)  The courts before which the applicant has been admitted to practice, the respective period(s) of admission, and the applicant's identification number in the jurisdiction(s) admitted.

   (v)  An averment that the applicant is familiar with the Pennsylvania Rules of Professional Conduct, Pennsylvania Rules of Disciplinary Enforcement, and the rules and court procedures of the court before which the applicant seeks pro hac vice admission.

   (b)  Appendix A contains a form which may be used to provide the information required by subsection (a).

§ 81.505.  Fees.

   (a)  An attorney seeking admission pro hac vice in any court in this Commonwealth shall pay a fee equal to the annual assessment paid by attorneys licensed to practice law in Pennsylvania. The fee shall be required for each case in which the attorney is seeking pro hac vice admission. Under no circumstances shall the fee required by this Section be refunded.

   (b)  An attorney seeking admission pro hac vice shall pay the fee required by section (a) to the IOLTA Board not later than the time of filing a motion requesting permission to participate in proceedings in a court in this Commonwealth.

   (c)  No fee for admission pro hac vice shall be required if the client being represented has been granted in forma pauperis status.

   (d)  Fees under this Regulation shall be paid by a check drawn on a United States bank, money order, or bank cashier's check payable in the full amount to the IOLTA Board.

   (e)  Fees collected under this Rule shall be used by the IOLTA Board to fund the expenses needed to administer this Rule, and to supplement the funding of non-profit organizations that provide civil legal services to the indigent and disadvantaged, or for similar purposes as authorized by the Supreme Court of Pennsylvania.

§ 81.506.  Records Custodian.

   The Pennsylvania IOLTA Board is considered the custodian of records for pro hac vice admission and does not approve or disapprove pro hac vice admission. Approval or disapproval shall be determined by the court before which the attorney wishes to appear.

Appendix A

PENNSYLVANIA IOLTA BOARD

FORM FOR PRO HAC VICE ADMISSION

   (For all attorneys not licensed to practice law in Pennsylvania who are seeking special admission for purposes limited to a particular legal proceeding in a Court of the Commonwealth of Pennsylvania)

   Use this form if you are an attorney who is qualified to practice in another state or in a foreign jurisdiction, is not admitted to practice law in Pennsylvania, and is seeking to be specially admitted to the Bar of the Commonwealth of Pennsylvania in order to appear before a Pennsylvania Court in connection with a particular case.

   Filing this form and fee is the mandatory first step in your request for permission to participate in proceedings in a Pennsylvania Court. The next step is to file a motion in the Pennsylvania Court before whom you are seeking to appear. The motion must aver payment of the fee or be accompanied by the acknowledgment letter you will receive from the Board. The decision to grant or deny your admission is ultimately made by the Court before whom you are seeking to appear. Proceedings filed under a new case number in any Court, including all appellate courts, are considered new proceedings and are subject to completion of a new form and fee.

   Carefully follow these instructions and complete this form. Keep a copy of your completed form for future reference, as you may be charged for any copies you request from the Board's file.

   No alterations may be made to the text or wording of this form. Before you file your form, verify that you have fully responded to all items and questions, leaving no blanks. If the item or question is inapplicable, write ''N/A.''

   Your form will not be considered filed if incomplete. If incomplete, it may be returned to you. Failure to provide any of the following information will result in an incomplete form:

   a)  failure to provide any information required, including names, complete addresses, telephone numbers, or zip/postal codes;

   b)  failure to answer any question;

   c)  failure to send in the required fee;

   d)  alteration of any language of the form; and

   e)  failure to sign any document requiring your signature.

   1.  Filing Fees:  Make your check, money order, or bank cashier's check payable in the full amount due to the PA IOLTA Board. The filing fee is equal to the annual assessment paid by attorneys licensed to practice law in Pennsylvania, as in effect from time to time. If you have any questions about the fee, please contact the Pa IOLTA Board before submitting this form. Do not postdate your check. A form is not considered filed until all fees are received in the Board's office. If your check for fees is returned for insufficient funds or is otherwise dishonored by your bank, you will be assessed a returned check charge. All fees due after that time must be paid by bank cashier's check or money order. There is no refund of fees if you withdraw your application for pro hac vice admission or do not meet all requirements for admission. No fee is required if the applicant attorney is representing a person who has been granted in forma pauperis status.

   2.  Filing of Application:  Mail or deliver your form and required fees to the Board as follows:

Mailing Address: Delivery Address:
PA IOLTA Board PA IOLTA Board
P. O. Box 1025 115 State Street
Harrisburg, PA 17108-1025 Harrisburg, PA 17101
Phone: (717) 238-2001 or 888-PA-IOLTA (724-6582)
Web address:  www.paiolta.org
E-mail Address:  paioltapa@courts.us

   The Board will acknowledge receipt of your form and fee payment within three (3) working days of its receipt. The acknowledgment letter will serve as your proof of payment of the requisite fee and can be included with your written motion to the Court in Pennsylvania in which you are requesting permission to participate. If you do not receive such an acknowledgment by that time, please contact the Board's office.

   3.  Case Number:  List only one (1) case number per form, as this crucial information will be included on the acknowledgment letter.

   4.  Pennsylvania Court of Record:  List the Court in which the Motion for Admission Pro Hac Vice will be filed.

   5.  Certificate of Good Standing:  Formal Certificates of Good Standing are not necessary.

   6.  Forms from the Board web page:  If you are using an electronic version of this form, it is your responsibility to insure that it is printed with the same content and wording as the Board's printed version of this form.

   7.  Regulations:  The Applicant should review the Rule 301 of the Pennsylvania Rules of Bar Admission as well as the regulations of the Pennsylvania Interest on Lawyers Trust Account Board for Pro Hac Vice admission for further guidance.

PENNSYLVANIA IOLTA BOARD

Form for PRO HAC VICE ADMISSION

(For all nonresident attorneys requesting permission to participate in proceedings in a Pennsylvania Court)

 

                                 [   ] Mr.
Applicant Name:         [   ] Ms. __________
                                                Last                                          First                                                         Middle

Date of Birth: __________

 

Your Firm's Name & Mailing Address: (All correspondence will be mailed to this address.)

 

__________Firm Name

 

__________Street Address/P. O. Box                 Ste. No.                        City                              State                     Zip Code

 

Your Firm's Physical Address: ____ Check here if same as above

 

__________Street Address                              Ste. No.                        City                              State                     Zip Code

 

Office Phone:                                          Office Fax:                                     E-Mail Address:                                    

 

Acknowledgment Letter should be faxed to:      Name:                                                                   Fax:                     

 

Name & Office Address of Attorney of Record in the Pennsylvania Proceeding who is filing the Motion for your admission Pro Hac Vice:

 

__________Name                                                                                       Firm Name (if applicable)

 

__________Street Address/P. O. Box                  Ste. No.                        City                              State                     Zip Code

 

Office Phone:                                             Office Fax:                                                 PA I.D. Number:                  

 

Case Number: __________

 

Case Name: __________

 

Pennsylvania Court of Record: __________

 

1.  List all foreign, state and federal jurisdictions in which you have been qualified, licensed or admitted to practice law and are currently active and in good standing, the date and year of licensure, and your license or bar card numbers, if applicable. Use the Continuation Form if additional space is needed.

 

__________

 

__________

 

2.  If you have every practiced law under another name, please state that name here. List also all jurisdictions in which you practiced law under that name(s), and the time period involved. Use the Continuation Form if additional space is needed.

 

__________

 

__________

 

3.  Are you familiar with the Pennsylvania Rules of Professional Conduct, Pennsylvania Rules of Disciplinary Enforcement, and the rules and court procedures of the court before which you seek to appear, and will you at all times abide by and comply with the same so long as such Pennsylvania proceeding is pending and you have not withdrawn as counsel therein?                                                                                                                            ____         ____
                                                                                                                                                  Yes            No 

 

I certify that the information provided on this form is true. If any statements are false, I realize I am subject to discipline by the Supreme Court of Pennsylvania. I hereby agree that any action brought against me by the Supreme Court of Pennsylvania or any of its boards or instrumentalities may be brought in the Court of Common Pleas of Allegheny, Dauphin or Philadelphia County, Pennsylvania.

 

_________________
Signature of Pro Hac Vice Applicant

CONTINUATION FORM

(Use a separate form for each statement requiring a Continuation Form. Make additional copies of this form as needed.)

 

For Question: _________________

 

Name: __________               Last                                                            First                                                               Middle

 

__________
 

__________
 

__________
 

__________
 

__________
 

__________
 

__________
 

__________
 

__________
 

__________
 

__________
 

__________
 

__________
 

__________
 

[Pa.B. Doc. No. 05-1891. Filed for public inspection October 14, 2005, 9:00 a.m.]



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