Pro Hac Vice Admission in Oregon

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Pro Hac Vice Admission in Oregon

  1. 1. PRO HAC VICE The PLF frequently receives questions about the procedure for local appearance of out-of-state attorneys (pro hac vice appearances). UTCR 3.170 permits pro hac vice appearances if the out- of-state attorney: 1. Provides a certificate showing that he/she is an attorney in good standing in another state or country. 2. Certifies that he/she is not subject to pending disciplinary proceedings in any other jurisdiction or provides a description of the nature and status of any pending disciplinary proceedings. 3. Associates with an active member in good standing of the Oregon State Bar (local attorney) who, participates meaningfully in the matter. 4. Certifies that he/she will comply with applicable statutes, laws, procedural rules; is familiar with and complies with the disciplinary rules; submits to the jurisdiction of the Oregon courts and Oregon State Bar with respect to the acts and omissions during his/her admission under the rule. 5. Provides a certificate of insurance covering his or her activities in this state which is substantially equivalent to the PLF plan. (This requirement applies only if the out-of-state attorney is in private practice.) 6. Agrees, as a continuing obligation, to notify the trial court promptly of any changes in his or her insurance or bar status. This information must be presented to the court in a motion submitted by the local attorney supported by an affidavit from the out-of-state attorney. The court is required to grant the motion if the above requirements are met, unless the court determines for good cause shown that granting the application would not be in the best interest of the court or the parties. At any time, and upon good cause shown, the court may revoke the out-of-state attorney's permission to appear. Each time an application to appear is granted, the local attorney must also provide a copy of the order to the Oregon Supreme Court and Oregon State Bar. The Professional Liability Fund is not involved in the pro hac vice process and cannot provide insurance for attorneys admitted pro hac vice, because they are not Oregon attorneys. Whether the out-of-state attorney's insurance is "substantially equivalent" to the PLF plan will be determined by the trial or administrative law judge. Although not defined by the rule, the history behind UTCR 3.170 indicates that "substantially equivalent" is not intended to mean professional liability insurance with no deductible. However, the rule would appear to exclude out-of-state attorneys who are self-insured or those who attempt to circumvent the insurance requirement by submitting a client waiver of insurance.1 Beverly Michaelis Practice Management Advisor Professional Liability Fund 1 See The Admission of Out-of-State Attorneys Pro Hac Vice Under Revised UTCR 3.170 by Frank V. Langfitt Ill, The Litigation Journal, October 1995. Pages 9-10 IN BRIEF July 1997

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