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-
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
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
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
Practice Management Advisor
Professional Liability Fund
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