if a lawyer works in one state can he/she take on a case for a friend in a different state to represent someone under another law firm, and if so what is that called exactly?
2006-12-24 04:22:31 · 9 answers · asked by mellokitty031 1 in Politics & Government ➔ Law & Ethics
This is called Pro hac vice (Latin for "for this occasion" or "for this appearance".) The out-of-state attorney does not need to have passed the bar in the other state as long as they can find a local firm to attach to. This is not a guaranteed right--- the out-of-state attorney must petition the court to allow him/her to represent the potential client and provide a statement from their home state that they are in good standing, licensed, etc. The judge then decides if the out-of-state attorney will be allowed to represent the client. Normally the judge grants the motion but if the attorney tries to do this for a second client, they're denied and asked to take the bar in that state, too.
If the lawyer has passed the bar in both states, it's just a normal representation.
2006-12-24 05:56:24 · answer #1 · answered by dcgirl 7 · 2⤊ 0⤋
Represent A Client
2016-10-05 10:22:14 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Yes and No. There are special rules a lawyer has to follow when either representing a client in a jurisdiction where they have not been admitted to practice law or representing a client in a jurisdiction where they are admitted but the client is not present. The latter is actually acceptable anytime as long as the court where the case is filed has subject matter jurisdiction. The former (first mentioned) requires special permission from the court with subject matter jurisdiction.
2006-12-24 04:26:11 · answer #3 · answered by Anonymous · 2⤊ 0⤋
A lawyer from one state can represent clients from another state only if he/she is a member of the bar in that other state, or if that other state's bar association gives them special permission to practice there.
2006-12-24 04:26:16 · answer #4 · answered by Anonymous · 0⤊ 0⤋
A lawyer licensed (i.e., a member of the bar) of one state or US territory may represent anyone in matters relevant to the law of that jurisdiction and anywhere so long as he works under the supervision of a lawyer licensed in the other jurisdiction and, if it involves litigation, is admitted "pro hac vice" by order of the local court.
A lawyer licensed in any US state or territory may be admitted to practice in certain federal courts anywhere.
A lawyer who is appointed to the military JAG can represent military clients under military, not state law rules.
A lawyer who is employed as such by the federal government can act in that capacity under rules set by that government.
A lawyer who is employed as such as in-house counsel by a firm or organization can advise that firm.
Some states, most notoriously Florida, have particularly strict rules on UPL (unlicensed practice of law). Others are relaxed on the issue. Even Florida instituted special rules for lawyers evacuated to Florida from New Orleans who wished to counsel their existing clients from their temporary base in Florida.
2006-12-24 04:36:37 · answer #5 · answered by Anonymous · 1⤊ 0⤋
if the lawyer that represents you is licensed to practice law in the state where the case is filed, you are good to go and nothing else is relevant.
there is no special name for it. it is just representing somebody.
2006-12-24 04:31:40 · answer #6 · answered by Jessica 4 · 0⤊ 0⤋
Not unless the lawyer has passed the bar exam in the state of the trial
2006-12-24 04:25:17 · answer #7 · answered by ricgrif 3 · 2⤊ 1⤋
The laws on service of process vary from state to state. It also depends on the type of process being served. If you are serving the defendant with the lawsuit for the first time, then personal service is usually required. If the defendant has filed a response to the lawsuit, service of subsequent document by mail is the most common method.
2016-05-23 04:03:04 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Why not? As long as that lawyers know the law in that states.
2006-12-24 04:25:58 · answer #9 · answered by Anonymous · 0⤊ 3⤋