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New Rules Establish More Standardized and Efficient Procedures for Out-of-State Lawyers

News Article

June 29, 2007

HARRISBURG, June 29, 2007 — The Supreme Court of Pennsylvania has created a uniform process for eligible out-of-state lawyers to apply for permission to participate in a particular case in the Commonwealth. Separate orders to amend rules governing civil case procedures and attorney professional conduct were issued today by the Supreme Court with the aim of establishing a standardized method for determining eligibility to practice in Pennsylvania as counsel pro hac vice — a legal term meaning “for this occasion.” The orders take effect Sept. 4. They are posted on the web at: www.courts.state.pa.us. In addition to the new standards, the court also adopted a first-time-ever fee for pro hac vice admission, and designated the proceeds to go to the Interest On Lawyers Trust Account program, which funds civil legal services for Pennsylvanians who cannot afford to pay for those services. The fee applies to those practicing in the state’s trial and appellate courts. Even though a lawyer may be admitted to practice in another state, he or she must request permission to appear as a counsel of record in the Commonwealth if not licensed here. While Pennsylvania currently requires such a request to be filed, there have been no uniform statewide rules to govern an evaluation of the application or an admission fee. “These rule amendments underscore the Judiciary’s desire to do as much as possible to encourage and foster administrative standardization in Pennsylvania’s Unified Judicial System,” Chief Justice of Pennsylvania Ralph J. Cappy said. “Implementing a statewide pro hac vice admission process is yet another important step in enhancing efficiency in our court system, and promoting a more equitable approach to addressing attorneys not licensed in Pennsylvania who wish to practice in the Commonwealth on a limited basis.” The new rules were adopted with input from the IOLTA Board, Pennsylvania’s Board of Law Examiners, Pennsylvania Lawyers Fund for Client Security Board and the Civil Procedural Rules Committee. The rules are the latest in a series of administrative enhancements to emerge from the Supreme Court’s 17 advisory boards and committees that significantly enhance court operations statewide. Over the last year, the court has implemented new rules to streamline and standardize foreign adoption registrations; enhanced the administration of trusts and estates through new forms; boosted public trust and confidence in the courts under a new financial records review policy; and developed a Public Health Law Benchbook to prepare for a major threat, such as a pandemic.

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