Pro hac vice is a Latin phrase meaning “for this occasion”. The term is used when an out of state attorney who is not licensed in New Jersey wishes to work with a New Jersey attorney as co-counsel on a case in the New Jersey courts. The out of state attorney must apply to the New Jersey court where s/he wishes to appear for permission to appear pro hac vice, under the supervision of the New Jersey attorney handling the case. These applications are not that common, but might come into play for example when an out of state attorney is a specialist in some field of law involved in a particular case, such as an automotive defect. Pro hac vice applications are routinely granted by the courts.
However, it was not in a case that I recently handled involving a slip and fall and alleged construction defect. The court denied the out of state attorney’s application because the out of state attorney was signing documents and calling a party in the case without being admitted pro hac vice and prior to the pro hac vice application even having been filed. We were able to convince the court that this was unethical and improper conduct that barred the out of state attorney from appearing in the case.
The out of state attorney then asked the court to reconsider, but the result was the same: the out of state attorney was barred from appearing pro hac vice in the case.
It is unusual for a pro hac vice application to be denied. We fought very hard to obtain that result, as otherwise our client would have been disadvantaged in having to defend the case against multiple attorneys and law firms. We never say that something is impossible. If there is a legal ground, we do not hesitate to take the fight to the court for your protection and benefit.
We are experienced New Jersey civil litigators. Call us today.
