Defendants in federal criminal cases can hire any attorney of their choosing wherever they are located. This is helpful if you want an attorney from a different state to represent you. However, that attorney may not be able to handle your matter without taking additional steps that vary depending on the local rules of the federal court where your case is being tried. If your attorney is not licensed to practice in the state where the case is, there are three ways for the attorney to seek admission to the local federal court.
Each federal district in the U.S. has its own local rules. These rules address various procedural issues including who can appear in court as counsel to a defendant. Some districts require that an attorney be licensed to practice law in the state where the court is located. Others allow lawyers to seek full admission to the district court even if they aren’t admitted in the state. For example, an attorney licensed in Illinois can be admitted to practice in the Eastern District Court of Missouri to represent any clients in that court.
If the local rules do not allow an out-of-state attorney to be fully admitted to practice in that court, an attorney can still seek admission pro hac vice. This means your lawyer will petition the court asking for permission to represent you in this particular matter. Permission is necessary to avoid engaging in the unauthorized practice of law.
In some district courts, an attorney admitted pro hac vice can fully represent a client without hiring local counsel. However, this varies by court.
Many district courts require that attorneys admitted pro hac vice hire local counsel. In that situation, your attorney will still be representing you, but a local attorney must also file an appearance in your case, attend all proceedings, and have their name on any documents filed with the court.
Your attorney must comply with several requirements regardless of which method is used to obtain the right to represent you in court handling your case. These include:
These procedures exist to allow you to hire an out-of-state criminal lawyer to represent you if you wish.
If you need a criminal lawyer, contact us for a consultation. We have extensive experience representing clients in a wide array of federal criminal matters in courts around the country.