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Pro Hac Vice Rule 83.02


LR Gen P 83.02. Visiting Attorneys

 

      Whenever it shall appear that a person, who has not been lawfully licensed and admitted to the practice of law in the State of West Virginia, has been duly licensed to be admitted to practice before a court of record of general jurisdiction in any other state or country or in the District of Columbia, and is in good standing as a member of the bar of such jurisdiction but has not been admitted to the bar of the United States District Court for the Northern District of West Virginia or the United States Bankruptcy Court for the Northern District of West Virginia, he or she may appear in a particular action, suit, proceeding or other matter in this Court:

(1) upon providing this Court a verified statement of application for pro hac vice admission listing:

(i) the action, suit, proceeding or other matter that is the subject of the application;

(ii) the name, address and telephone number of the registration or disciplinary agency of all state   courts, the District of Columbia or of the country in which such person is admitted;

(iii) the name and address of the member of the West Virginia State Bar who will be a responsible local attorney in the matter;

(iv) all matters before West Virginia tribunals or bodies in which such person is or has been involved in the preceding (24) twenty-four months, unless such person is admitted to practice in West Virginia;

(v) all matters before West Virginia tribunals or bodies in which any member of applicant's firm, partnership, corporation or other operating entity is or has been involved in the preceding twenty-four (24) months, unless such person is admitted to practice in West Virginia;

(vi) a representation by the applicant for each state, the District of Columbia or any other country where the applicant has been admitted to practice, stating that the applicant is in good standing with the bar of every such jurisdiction and that he or she has not been disciplined in any such jurisdiction within the preceding twenty-four (24) months; and

(vii) an agreement to comply with all laws, rules and regulations of West Virginia state and local governments, where applicable, including taxing authorities and any standard for pro bono civil and criminal indigent defense legal services;

(2) upon payment of a fee established by the Court and paid to the Clerk of Court for the United States District Court for the Northern District of West Virginia, if like courtesy or privilege is extended to members of the West Virginia State Bar in such other jurisdiction; and

(3) upon certification that the pro hac vice applicant has paid to the West Virginia State Bar the pro hac vice fee required by Rule 8.0 of the Rules of Admission for the West Virginia State Bar.

The responsible local attorney to be associated with the applicant shall be as follows:

     The applicant shall be associated with an active member in good standing of the state bar, having an office for the transaction of business within the State of West Virginia, who shall be a responsible local attorney in the action, suit, proceeding or other matter that is subject of the application. Service of notices and other papers upon such responsible local attorney shall be binding upon the client and upon such person. The local attorney shall be required to sign all pleadings and filings and affix his or her West Virginia State Bar identification number thereto and to attend all hearings, trials or proceedings actually conducted before the judge, tribunal or other body of the State of West Virginia for which the applicant has sought admission pro hac vice. The local attorney shall further attend the taking of depositions and other actions that occur in the proceedings that are not actually conducted before the judge, tribunal or other body of the State of West Virginia for which the applicant has sought admission pro hac vice and shall be a responsible attorney in the matter in all other respects. With prior permission of the Court, local counsel will not be required to attend routine court hearings or proceedings. To be a responsible local attorney, the local attorney must maintain an actual physical office equipped to conduct the practice of law in the State of West Virginia, being the primary office from which the responsible local attorney practices law on a daily basis. The responsible local attorney shall evidence his or her agreement to participate in the matter by his or her endorsement upon the verified statement of application, or by written statement attached to the application.