State Bar of Michigan: Ohio Changes Requirements for Out-of-State Attorneys Arguing Temporarily in its Courts

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Ohio Changes Requirements for Out-of-State Attorneys Arguing Temporarily in its Courts

6/21/10

COLUMBUS—In about six months out-of-state attorneys who want to appear temporarily in a proceeding in Ohio (pro hac vice) will notice some significant changes to the process.

The Supreme Court of Ohio adopted the pro hac vice amendments last year, which become effective January 1, 2011. Pro hac vice is a privilege granted by a tribunal to out-of-state attorneys not admitted to practice law in Ohio to appear before the tribunal on a limited basis.

Amendments to Gov. Bar R. XII of the Rules for the Government of the Bar will:

Centralize the administration of pro hac vice admission through the Supreme Court’s Office of Attorney Services
Require an out-of-state attorney to file an application and $100 annual registration fee before applying to appear pro hac vice
Establish basic criteria for appearing pro hac vice before a tribunal, including acknowledgement of Ohio’s attorney disciplinary rules and a statement that the attorney has not been granted permission to appear pro hac vice in more than three proceedings before Ohio tribunals in the current calendar year
Permit the administrative revocation of privileges to practice pro hac vice if the attorney does not comply with certain provisions of the rule

Susan Christoff, Attorney Services Division director, said the changes implemented in Ohio bring the state in line with how other states have handled temporary appearances by out-of-state attorneys.

“Attorneys who regularly practice in other states in the Midwest should be familiar with some of the requirements instituted by Ohio, because they are similar to what those other states require,” she said. “That being said, it’s important to note that pro hac vice has changed in Ohio, and we would hope that Ohio’s courts and administrative agencies as well as Ohio judges and attorneys are aware of these coming changes.”

She noted that attorneys seeking pro hac vice registration will be able to submit registration applications electronically. She also noted that the Office of Attorney Services will maintain an online public directory that includes the names of attorneys who have registered under the new rule and the cases in which they have received permission to appear pro hac vice.

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