Attorneys are licensed state by state. An attorney admitted in Arizona is not automatically permitted to walk into a courtroom in Michigan.
There is a well-established process that solves this, and it is used in courts across the country every day. It is called pro hac vice.
What Pro Hac Vice Means
Pro hac vice is Latin for “for this occasion.” It is a court’s permission for an out-of-state attorney to appear in one specific case in that state.
The key points:
- It applies to one case, not to general practice in that state.
- It requires permission from the court, which is routinely granted.
- In over 25 years of representing clients nationally, no lawyer at The Attorneys For Freedom Law Firm has ever been denied a Pro Hac Vice admission in any state.
The United States Supreme Court has previously ruled that wrongfully denying Pro Hac Vice admission deprives a person of their Sixth Amendment Right to Counsel and is grounds for automatic reversal.
- It nearly always requires a local attorney admitted in that jurisdiction to sponsor the application.
- It is routine, not unusual. Courts handle these motions regularly.
How It Works
- You retain the firm. The attorney-client relationship is established regardless of where your case is pending.
- Local counsel is identified. An attorney admitted in your state agrees to serve as sponsoring counsel.
- A motion is filed. The motion typically covers the out-of-state attorney’s bar standing, disciplinary history, and prior admissions in that state.
- The case proceeds. The out-of-state attorney appears, files, argues, and tries the case, with local counsel remaining on the record.
How Local Counsel Factors In
Local counsel varies more than most people expect, and the local rules govern. In some jurisdictions the sponsoring attorney’s role is largely administrative. In others, local counsel may be required to sign filings, attend hearings, or remain actively involved throughout.
Local counsel can also matter for reasons the rules don’t require. An attorney who practices in that courthouse knows the judge, the prosecutor’s office, and how things operate there. That knowledge is worth having alongside a firm that focuses on the substance of the defense.
While we generally permit the client to select local counsel of their choice, clients are well served to allow the team of self-defense attorneys at The Attorneys For Freedom Law Firm to evaluate and select local counsel. Merely because a local counsel is a member of an attorney network or has been utilized in a previous case does not automatically mean that lawyer is the best choice for your particular case. We are well positioned to evaluate local counsel, and we prefer to select the local attorney who is best suited to the particularities of your case. Some cases may call for a female attorney or an attorney with a certain ethnicity or specialty or personal knowledge of the assigned judge or prosecutor. We always strive to secure the most effective local counsel to add to our legal team.
Who Pays for Local Counsel
Local counsel is a real attorney doing real work, and their fees are a genuine cost in any out-of-state case. It’s the part of nationwide representation people rarely think about until it appears on a bill.
For Attorneys On Retainer clients, local counsel fees are covered by their membership. There is no separate arrangement to negotiate, and no additional retainer to fund while your case is pending.
For clients who retain the firm directly without an AOR membership, local counsel arrangements are addressed as part of the fee agreement.
Timing and Why the First Appearance May Look Different
Pro hac vice admission takes time. Motions get drafted, filed, and ruled on. Criminal cases do not wait. An arraignment or a bond hearing may happen within days of an arrest, sometimes within hours.
In practice, that can mean local counsel handles the earliest appearances while the admission is pending. This is normal and it is not a sign that something has gone wrong. What matters is that the defense strategy is being directed from the start, even before the out-of-state attorneys are formally on the record.
Common Questions
Does this mean my case is handled by someone unfamiliar with my state’s law?
No. While competent and experienced local counsel is associated on all non-Arizona cases, our attorneys carefully research and are familiar with all aspects of the relevant state’s substantive and procedural laws that apply to the case, as well as all local ethics rules. We have full access to all substantive and procedural laws in every state as well as to all reported cases in all 50 states. We are already familiar with the self-defense laws in many different states, and we have had great success representing clients nationally in many different states for over 25 years.
Will I have to pay a second attorney?
If you are an AOR client, no. Local counsel fees are covered by your membership. If you retain the firm directly, that arrangement is set out in your fee agreement.
Is this something unusual that might hurt my case?
No. Pro hac vice admission is a routine part of legal matters nationwide. Courts see these motions constantly, and the United States Supreme Court has previously ruled that wrongfully denying Pro Hac Vice admission deprives a person of their Sixth Amendment Right to Counsel and is grounds for automatic reversal. Attorneys For Freedom has never been denied a pro hac vice admission. All attorneys who practice nationally routinely use the Pro Hac Vice rules to do so. This is the very purpose of the Pro Hac Vice rules. There is nothing unusual about attorneys with national practices utilizing the Pro Hac Vice rules.
Does it apply in federal court?
Federal districts set their own admission rules. The process is similar in structure while the specifics differ by district.
Why This Matters in Use of Force Cases
Self-defense and defense of others cases turn on a narrow body of law that most criminal defense attorneys handle occasionally. The standards that govern justification, the forensic evidence that decides these cases, and the way a justification defense gets presented to a jury are specific enough that experience with them matters more than proximity.
Pro hac vice is what makes it possible to have both: attorneys who handle these cases exclusively, working alongside counsel who knows the local legal landscape.
The Attorneys For Freedom Law Firm handles self-defense and defense of others cases exclusively and represents clients nationwide.