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Pro Hac Vice Rule Change

By Laura Chastain

Lawyers licensed in other jurisdictions, but not licensed in Tennessee are ordinarily not permitted to practice in Tennessee courts without being admitted pro hac vice. In June, 2004, the Tennessee Supreme Court amended its Rule on pro hac vice admission to permit a lawyer not licensed to practice law in Tennessee, who is licensed in another United States jurisdiction, and who resides outside Tennessee to appear pro hac vice, file pleadings, motions, briefs and other papers and to fully participate in a particular proceeding before a trial or appellate court of Tennessee if the lawyer complied with certain conditions. The terms and conditions for pro hac vice attorneys are defined in Rule 19 of the Rules of the Tennessee Supreme Court.

The amended rule became effective October, 2004, and requires pro hac vice attorneys to file a copy of the motion and supporting papers with the Board of Professional Responsibility prior to filing with the Court. Additionally, pro hac vice attorneys are required to pay to the Board a fee equal to the fee required by Tennessee Lawyers, which is currently $135 per calendar year.

Under the new rule, in 2005, 303 attorneys were admitted pro hac vice. As of January 27, 2006, there have been 145 renewals and 36 new attorneys admitted for a total of 181 pro hac vice admissions for January, 2006. Pro hac vice attorneys admitted in 2005 have until March 1 to renew their admission.

Information as to whether an attorney has been admitted pro hac vice is available on the Board of Professional Responsibility’s web site, Information may also be obtained by calling the Board of Professional Responsibility at 1-800-486-5714, extension 216 to reach Patty Burton who handles pro hac vice admissions for the Board of Professional Responsibility.

A complete version of Rule 19 of the Tennessee Supreme Court may be found on the Tennessee Supreme Court's web site.

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