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THE COURTS

PART V. PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CH. 81]

Adoption of IOLTA Regulations and Form for Pro Hac Vice Admission; No. 62 Disciplinary Rules Doc. No. 1

[37 Pa.B. 3212]
[Saturday, July 14, 2007]

Order

Per Curiam:

   And Now, this 29th day of June, 2007, it is hereby ordered that:

   The Pennsylvania Interest on Lawyers Trust Account Regulations and Form for Pro Hac Vice Admission are adopted as follows.

   This Order should be processed in accordance with Pa.R.J.A 103(b) and shall be effective September 4, 2007.

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. INTEREST ON LAWYER TRUST ACCOUNT REGULATIONS FOR 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.

   These Regulations are to be read and applied in connection with the Pennsylvania Bar Admission Rules. 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 Bar Admission Rules 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 those set forth in the Pennsylvania Bar Admission Rules, the provisions of these regulations shall control.

§ 81.501. Definitions.

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

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

   (c)  Attorney. 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.

   (d)  Case. A particular legal action, including appellate review of that action, maintained in a Pennsylvania court which is not a special court. The term ''case'' does not refer to an action maintained only in a special court.

   (e)  Court. Any Pennsylvania court of common pleas, the Pennsylvania Superior Court, the Pennsylvania Commonwealth Court, the Supreme Court of Pennsylvania, and any other Pennsylvania court established after the effective date of these regulations which is not a special court.

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

   (g)  Special court. Any Pennsylvania magisterial district court, the Philadelphia Municipal Court, the Philadelphia Traffic Court, the Pittsburgh Municipal Court, and any other special court of similar 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 case.

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

   (c)  Appearance before a Pennsylvania court by a foreign attorney is deemed to commence with the attorney's first appearance in a Pennsylvania court with respect to a particular case, and shall continue until final determination of that case, including appellate review, or until issuance of an order permitting the foreign attorney to withdraw.

§ 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 Section 81.505.

   (c)  These regulations apply to admission pro hac vice before a Pennsylvania court, as defined in these regulations.

   (d)  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 before which the case is pending at least three days prior to any appearance by the attorney seeking pro hac vice admission.

   (e)  Each motion for pro hac vice admission shall aver that the fee required by Section 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 Section 81.505(c).

   (f)  Each motion for pro hac vice admission shall aver that the information required by Section 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 Section 81.505:

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

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

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

   (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, the Pennsylvania Rules of Disciplinary Enforcement, and the rules and court procedures of the court before which the applicant seeks pro hac vice admission.

   (b)  Included as Appendix A to this regulation is a form which may be used to provide the information required by Section 81.504(a).

§ 81.505. Fees.

   (a)  An attorney seeking admission pro hac vice with respect to a case shall pay a fee of One Hundred Dollars ($100). 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 regulation be refunded.

   (b)  An attorney seeking admission pro hac vice shall pay the fee required by this regulation to the IOLTA Board no later than the time of filing a motion requesting permission to participate in a case proceeding 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, or for actions before a special court.

   (d)  Fees required by 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 regulation shall be used by the IOLTA Board to fund the expenses needed to administer this regulation, 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

   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 paying the 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 which 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 which you are seeking to appear. Applicable regulations define a case as: a particular legal action, including appellate review of that action, maintained in a Pennsylvania Court of Common Pleas, the Pennsylvania Superior Court, the Pennsylvania Commonwealth Court, or the Supreme Court of Pennsylvania. The term ''case'' does not refer to an action maintained only in a special court. Each case is subject to the completion of a new form and fee.

   Appearance before a Pennsylvania court by a foreign attorney is deemed to commence with the attorney's first appearance in a Pennsylvania court with respect to a particular case, and shall continue until final determination of that case, including appellate review, or until issuance of an order permitting the foreign attorney to withdraw.

   It is not necessary to file this form or pay the fee in order to appear before a special court, as defined in applicable regulations.

   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.  Admission fees: Make your check, money order, or bank cashier's check payable in the full amount due to the PA IOLTA Board. The admission fee is One Hundred Dollars ($100). 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: paiolta@pacourts.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 Rule 301 of the Pennsylvania Bar Admission Rules as well as the regulations of the Pennsylvania Interest on Lawyers Trust Account Board for Pro Hac Vice Admission for further guidance.

 

 

 

[Pa.B. Doc. No. 07-1221. Filed for public inspection July 13, 2007, 9:00 a.m.]



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