Doing Hard Time in Delaware and New York Ethical and Practical Issues for Bankruptcy Lawyers Appearing in Cases Outside of Your Home State INDEX

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1 Doing Hard Time in Delaware and New York Ethical and Practical Issues for Bankruptcy Lawyers Appearing in Cases Outside of Your Home State INDEX Program Materials I. Survey of for Retention of Prepared by: Nancy B. Rapoport Gordon Silver, Professor of Law William S. Boyd School of Law, UNLV II. Role and Responsibilities of Kyung S. Lee Diamond McCarthy LLP Houston, Texas III. Sample Opinion Letters Brett D. Fallon Morris James LLP Wilmington, Delaware Speaker Biographies Margaret M. Andeson Brett D. Fallon William K. Harrington Kyung S. Lee Louis M. Phillips

2 Doing Hard Time in Delaware and New York Ethical and Practical Issues for Bankruptcy Lawyers Appearing in Cases Outside of Your Home State October 16, :30 a.m. 8:30 a.m. Co-sponsored by the Administrative, U.S. Trustee, Jurisdiction & Venue and Courts subcommittee, and Professional Ethics in Bankruptcy Cases subcommittee Kyung S. Lee, Chair Diamond McCarthy LLP Margaret M. Anderson, Chair Fox, Hefter, Swibel, Levin & Carroll, LLP, and Claude Montgomery, Vice-Chair Salans Moderator/Program Chair: Margaret M. Anderson Fox, Hefter, Swibel, Levin & Carroll, LLP Chicago, Illinois Speakers: Brett D. Fallon Morris James LLP Wilmington, Delaware William K. Harrington Asst. U.S. Trustee for District of Delaware Wilmington, Delaware Kyung S. Lee Diamond McCarthy LLP Houston, Texas Louis M. Phillips (Former U.S. Bankruptcy Judge For the Middle District of Louisiana) Gordon, Arata, McCollam, Duplantis & Eagan, L.L.P. Baton Rouge, Louisiana

3 Program Description: It seems every major bankruptcy case is filed either in New York or Wilmington. More and more, clients are asking attorneys to act as their national counsel in bankruptcy cases. For many bankruptcy lawyers, this results in them being involved in bankruptcy cases outside of the state in which they are licensed. This program will address the ethical and practical questions you face when your cases are out of state, such as: the role of local counsel; whether local counsel can prevent legal malpractice claims by limiting the scope of their retention; how the rules in various jurisdiction deal with pro hac admissions and the need for local counsel; what limits do courts place on rates that are charged when bankruptcy attorneys practice outside their home jurisdiction.

4 Survey of for Retention of Prepared by: Nancy B. Rapoport Gordon Silver Professor of Law WILLIAM BOYD SCHOOL OF LAW, UNLV LAS VEGAS, NEVADA Special thanks to the librarians of the William S. Boyd of Law For their assistance

5 Survey of For Retention of State 1 Residing Out Of the District? Alabama No No Northern District of Alabama: not admitted before N.D. Ala. Bankruptcy Court may apply for pro hac admission with no requirement that they obtain local counsel. See N.D. Ala. Bankr and , 3 Excerpted Text 4 Middle District of Alabama: M.D. Ala. Bankruptcy Rules incorporate local District Court rules (M.D. Ala. L.Cv.R. 83.1) with respect to attorney admission and practice. Under the M.D. Ala. civil local rule, attorneys not admitted before the M.D. Ala. court may apply for pro hac admission with no requirement that they obtain local counsel. See M.D. Ala. LBR ; see also M.D. Ala. L.Cv.R (incorporated by reference). Southern District of Alabama: Expressly incorporates S.D. Ala. LR 83.5, which does not require local counsel for pro hac vice admission. See S.D. Ala. LBR ; see also S.D. Ala. L.Cv.R (incorporated by reference). N.D. Ala. Bankr and ( -- Admission to practice and discipline ) (b) Appearance Pro Hac Vice. Any attorney who is not a member of the bar of this court but who is admitted to practice before the United States District Court for the district in which (or before the highest court in the state in which) such person resides or regularly practices law, may, upon request and payment of the prescribed fee (unless payment is waived by special order of the court), be allowed to appear in a case pro hac vice by an order of any district judge or bankruptcy judge of this court. M.D. Ala. LR 83.1 ( : Admission to Practice and Disciplinary Proceedings ) (b) Appearance Pro Hac Vice. Any attorney who is not a member of the Bar of this Court but who is admitted to practice before the United States District Court for the district in which such person resides or regularly practices law, may, upon request, be admitted pro hac vice by an order of any district judge, magistrate judge, or bankruptcy judge of this Court. M.D. Ala. LBR ( --Admission to practice. ) (a) The bar of this Court shall consist of all members of the bar of the United States District Court for the Middle District of Alabama. Local Rule 83.1 of the United States District Court for the Middle District of Alabama is incorporated herein by reference. 1 Color Key: Cells highlighted in green denote states or districts in which local counsel is required. Cells highlighted in yellow denote states in which the districts vary within a state, or in which the Bankruptcy Court retains discretion about requiring local counsel. 2 This analysis assumes that the bankruptcy attorney does not represent the U.S. government or any state, or is not a Federal Public Defender, as most states expressly waive requirements for local counsel in such circumstances. 3 Often, a district s Bankruptcy Court local rules will expressly adopt the local District Court rules. Thus, the Summary includes both Bankruptcy Court and District Court rules where appropriate. 4 The text is excerpted to contain relevant portions only, and does not reflect the full text of the rule. The text reflects the versions of the rules appearing in the Lexis/Nexis database as of April 9,

6 Survey of For Retention of State 2, 3 Excerpted Text 4 1 Residing Out Of the District? S.D. Ala. LBR ( -- Admission to practice and pro hac admission. ) Admission to practice before the Bar of the U.S. District Court of the Southern District of Alabama shall constitute admission to practice before this court. Members of the Bar of this court shall comply with all of the requirements of S.D. AL. LR 83.5 and that rule is incorporated by reference into this rule. S.D. Ala. LR 83.5 ( Admission to Practice ) (c) Out of state attorneys. Any attorney who is not a member of the Bar of this Court but who is admitted to practice before the United States District Court for the district in which (or before the highest court in the state in which) such person resides or regularly practices law, and who is in good standing, may apply for admission pro hac vice by an order of any district judge or bankruptcy judge of this Court and shall pay the prescribed admission fee. 3

7 Survey of For Retention of Alaska State No. However, Bankruptcy Court may require it if problems arise. Residing Out Of the District? No. District of Alaska: For pro hac vice applicants, the Bankruptcy Court may require local counsel to participate, sign pleadings, and receive service of notice should there be any problem with the cooperation, responsiveness, or accessibility of the out-ofstate attorney. There is no requirement that attorneys admitted before D. Alaska courts, but who do not currently reside in the district, retain local counsel. See AK LBR ; cf. D. Ak. LR 83.1 (under the civil local rule, counsel licensed out-of-state are ordinarily required to associate with an active member of the AK District Court Bar, and if an admitted attorney resides non-locally, the court may order retention of local counsel at its discretion.) Excerpted Text AK LBR ( Admission and Practice of ) (a) Admission to Practice. Any attorney who is admitted to practice law in the United States District Court for the District of Alaska is admitted to practice in this court. (b) Practice by Not in District Court. (1) [A] Any attorney who is a member in good standing of the bar of any United States court or the highest court of any state or territory of the United States, may be permitted upon ex parte application to appear in a particular case. [B] The court may require designation of local counsel to participate, sign pleadings, and receive service of notice should there be any problem with the cooperation, responsiveness, or accessibility of an attorney not admitted to practice in the United States District Court for the District of Alaska. 4

8 Survey of For Retention of State Residing Out Of the District? Arizona Yes Discretionary District of Arizona: Pro hac vice attorneys seeking to practice before the Bankruptcy Court must engage the participation of local counsel. In addition, if an attorney is admitted to practice in D. Ariz. but does not currently reside in Arizona, the court may require the association of resident local counsel. See D. Ariz. Bankr. R ; cf. D. Ariz. LR 83.1 (under the civil local rule, pro hac vice appearance does not require local attorney participation, however nothing herein shall prevent any judicial officer from ordering that local counsel be associated in any case ). Excerpted Text D. Ariz. Bankr. R ( Admission to Practice ) (a) Bankruptcy court bar. -- Any attorney admitted to practice before the United States District Court, District of Arizona, may practice before the Bankruptcy Court. (b) Participation of a local attorney. -- If an attorney is a member of the bar of this court but does not currently reside in Arizona, the court may require the association of resident local counsel. If the non-resident attorney fails to respond to any order of the court, for appearance or otherwise, the associated local counsel will have the responsibility and full authority to act for and on behalf of the client in all matters in connection with the case or proceeding, including hearings, pretrial conferences, and trial. (c) Pro hac vice practice. -- An attorney who is not a member of the bar of the United States District Court, District of Arizona, but who is a member in good standing of the bar of another United States District Court may, upon application and court order, be permitted to appear and participate in a particular case. Unless otherwise ordered, the applicant shall designate in the application local counsel currently residing in Arizona with whom the court and opposing counsel may readily communicate regarding the conduct of the case. 5

9 Survey of For Retention of State Residing Out Of the District? Arkansas Yes No District of Arkansas: Bankruptcy Court local rule requires that pro hac vice applications be accompanied by appointment of local counsel with whom the court and opposing counsel can communicate. Upon written motion, the Court may be asked to waive these requirements. No local counsel requirements are imposed on admitted attorneys who do not currently reside in Arkansas. See E. & W.D. Ark. Bankr. Loc. Rule ; cf. E. & W.D. Ark. LR 83.5 (District Court rule imposing same standards). Excerpted Text E. & W. D. Ark. Bankr. Loc. R ( - Admission to practice ) (a) Admission Generally The bar of this Court shall consist of all attorneys admitted to practice before the United States District Court for the Eastern and Western Districts of Arkansas unless said attorney has been specifically suspended or disbarred by the Court. (b) Admission Pro Hac Vice Any attorney who is a member in good standing of the bar of another state may be admitted to this Court pro hac vice upon a proper showing of qualifications to participate in a particular case or proceeding before this Court. Admission pro hac vice shall be by written motion accompanied by movant's declaration signed under penalty of perjury asserting good standing in the state bar where movant maintains a law office. The applicant shall designate a member of the bar of this Court who maintains an office in the Eastern or Western District of Arkansas as local counsel. The Court may, for good cause shown, waive the requirement for local counsel upon written motion by the applicant. This rule is subject to the exceptions and practice by attorneys appearing in the United States District Court in the Texarkana Division of the Western District of Arkansas who reside in Texarkana, Texas. 6

10 Survey of For Retention of State Residing Out Of the District? California Yes Northern, Central, and Eastern Districts: No Southern District: Discretionary Northern District of California: Northern District Bankruptcy Rules expressly adopt Northern District District Court rules pertaining to pro hac appearances (N.D. Cal. Civil L.R. 11-3), which require designation of local counsel. No such restrictions are imposed on admitted attorneys who reside out of the district. See N.D. Cal. B.L.R ; see also N.D. Cal. Civil L.R (incorp. by ref). Central District of California: Central District Bankruptcy Rules expressly require the designation of local counsel. No restrictions imposed on admitted attorneys who reside out of the district. See C.D. Cal. Bankr. L.B.R Southern District of California: Bankruptcy Rules adopt local District Court rules pertaining to attorney appearances (S.D. LR 83.3), which require that: (a) local counsel is required for pro hac attorneys, and (b) for admitted attorneys not currently maintaining an office in the Southern District, the requirement of local counsel is a discretionary matter for the Court. See S.D. Cal. L. Bankr. R ; see also S.D. LR 83.3 (District Court rule incorporated by reference). Eastern District of California: Eastern District Bankruptcy Rules expressly adopt E.D. Civil Local Rule , which requires designation of local counsel. No restrictions imposed on admitted attorneys who currently Excerpted Text N.D. Cal. Civil L.R ( Pro Hac Vice ) (a) Application. An attorney who is not a member of the bar of this Court may apply to appear pro hac vice in a particular action in this district by filing a written application on oath certifying the following: (3) That an attorney, identified by name, who is a member of the bar of this Court in good standing and who maintains an office within the State of California, is designated as co-counsel. N.D. Cal. B.L.R ( Applicability of Civil Local Rules ) (a) Incorporation of Civil Local Rules from Other Chapters. Except as hereinafter set forth or otherwise ordered by the Court, the following Civil Local Rules shall apply in all bankruptcy cases and adversary proceedings:...(31) 11-3 Pro Hac Vice; C.D. Cal. Bankr. L.B.R ( Admission to Practice ) a) Appearance Before the Court. (1) Attorney. An attorney admitted to practice before the District Court may practice before the Bankruptcy Court. (3) Designation of. A person applying to appear pro hac vice must designate an attorney who is a member of the bar of the court and who maintains an office within this district as local counsel with whom the court and opposing counsel may readily communicate regarding the conduct of the case and upon whom papers may be served, unless otherwise ordered by the court. S.D. Cal. Civ. LR 83.3 ( - Admission to Practice Standards of Conduct Duties ) 6. Designation of. A judge to whom a case is assigned may in that case, in the judge's discretion, require an attorney appearing in this court pursuant to the provisions of this rule and who maintains an office outside of this district to designate a member of the bar of this court who does maintain an office within this district as co-counsel with the authority to act as attorney of record for all purposes. The attorney must file with such designation the address, telephone number and 7

11 Survey of For Retention of State Residing Out Of the District? reside out of the district. See E. D. Cal. Bankr. R ; see also E.D. Cal. L.R (District Court rule incorporated by ref). written consent of such designee. Excerpted Text S.D. Cal. Bankr. LBR 9010 ( Appearance of ) APPLICABILITY OF RULE. Fed. R. Bankr. P and Local District Court Rule 83.3 govern the appearance of attorneys in bankruptcy cases and adversary proceedings. E.D. Cal. L.R ( ) (b) Practice in this Court. Except as otherwise provided herein, only members of the Bar of this Court shall practice in this Court. (2) Pro Hac Vice. An attorney who is a member in good standing of, and eligible to practice before, the Bar of any United States Court or of the highest Court of any State, or of any Territory or Insular Possession of the United States, and who has been retained to appear in this Court may, upon application and in the discretion of the Court, be permitted to appear and participate in a particular case. (ii) Designee. The attorney shall also designate in the application a member of the Bar of this Court with whom the Court and opposing counsel may readily communicate regarding that attorney's conduct of the action and upon whom service shall be made. E. D. LBR ( Scope of Rules; Short Title ) (c) Applicability of Local Bankruptcy and District Court Rules. The FRBP and these Local Rules govern procedure in all bankruptcy cases and bankruptcy proceedings in the Eastern District of California. Except for Rules (Photographing, Recording or Broadcasting of Judicial Proceedings), (), (Certified Student ), (-Appearance and Withdrawal), (Persons Appearing in Propria Persona), (Disciplinary Proceedings Against ), and (Costs), which are hereby specifically incorporated into these Local Rules, and those Local Rules of Practice of the United States District Court for the Eastern District of California that are restated (renumbered and modified, as appropriate) in these Local Rules, no other Local Rules of Practice of the United States District Court for the Eastern District of California apply. 8

12 Survey of For Retention of State Residing Out Of the District? Colorado Yes No District of Colorado: An attorney seeking to appear in Bankruptcy Court may petition to appear pro hac vice, but must associate with an active member of the Col. Bar. The associated local counsel must meaningfully participate in the preparation and trial of the case. No local counsel requirements are imposed on admitted attorneys not currently residing in the district. See D. Colo. LBR 910 (requiring local counsel); cf. D. Col. L. Civ. R (no local counsel requirement). D. Colo. LBR 910 ( ) Excerpted Text (a) Practice: An attorney admitted to practice, and who remains in good standing, with the United States District Court for the District of Colorado is qualified to practice in this Bankruptcy Court, subject to the following (b) Pro Hac Vice: An attorney who is a member in good standing of the bar in any other state or of any other court of the United States, but not authorized to appear in this court, may, upon motion for admission to practice pro hac vice filed in the Bankruptcy Court, participate in the conduct of a particular case in this court. Unless otherwise ordered by the bankruptcy judge to whom the case is assigned, the motion shall be allowed only if the attorney associates with an active member in good standing of the bar of the United States District Court for the District of Colorado, who shall meaningfully participate in the preparation and trial of the case. 9

13 Survey of For Retention of State Residing Out Of the District? Connecticut Yes No District of Connecticut: Local Bankruptcy rules expressly adopt all District of Connecticut Local Rules of Civil Procedure. As such, under Local Civil Rule 83.1, pro hac vice attorneys must have a D. Conn-admitted sponsoring attorney. In addition, if the pro hac vice attorney does not maintain an office in D. Conn., he/she must designate a D. Conn. bar member to receive service. See D. Conn. LBR ; see also D. Conn. L. Civ. R (incorporated by reference). Excerpted Text D. Conn. L. Civ. R ( Admission of ) (c) Local Office 1. Unless otherwise ordered by the Court for good cause shown, no visiting lawyer admitted specially under Rule 83.1(d) not having an office for the transaction of business in person within the District of Connecticut shall appear as attorney of record in any cause without specifying on the record a member of the bar of this Court having an office within the District of Connecticut, upon whom service of all papers shall also be made. (d) Visiting Lawyers 1. Lawyers not members of the Bar of this Court who are members in good standing of the bar of another Federal or State Court may be permitted to represent clients in criminal, civil and miscellaneous proceedings in this Court on written motion by a member of the Bar of this Court. If the motion is granted, the sponsoring lawyer may apply to be excused from attendance in court. A sponsoring lawyer who is excused from attendance in court is not thereby relieved of any other obligation of an appearing attorney. D. Conn. LBR ( Scope of Rules; Short Title; Incorporation of District Court Rules ) (b) All Local Rules of Civil Procedure of the United States District Court for the District of Connecticut shall apply in cases or proceedings in the Bankruptcy Court insofar as they are relevant and not inconsistent with the Bankruptcy Code 10

14 Survey of For Retention of State Residing Out Of the District? Delaware Yes Discretionary District of Delaware: not admitted to practice in the District of Delaware may appear before the Bankruptcy Court through pro hac vice admission, but must associate with local counsel. In addition, if an attorney admitted in the District of Delaware does not maintain an office there, he or she may appear in the Bankruptcy Court without local counsel, but must obtain court approval to do so. See Del. Bankr. LR Excerpted Text Del. Bankr. LR ( Bar Admission ) (a) The Bar of this Court. -- The Bar of this Court shall consist of those persons heretofore admitted to practice in the District Court and those who may hereafter be admitted in accordance with these Rules. (b) Admission Pro Hac Vice. -- admitted, practicing, and in good standing in another jurisdiction, who are not admitted to practice by the Supreme Court of the State of Delaware and the District Court, may be admitted pro hac vice in the discretion of the Court, such admission to be at the pleasure of the Court. (c) Association with Delaware Counsel Required. -- Unless otherwise ordered, an attorney not admitted to practice by the District Court and the Supreme Court of the State of Delaware may not be admitted pro hac vice unless associated with an attorney who is a member of the Bar of the District Court and who maintains an office in the District of Delaware for the regular transaction of business ("Delaware counsel"). (e) Association with Delaware Counsel not Required. (ii) Delaware Attorney with Out of State Office. -- who are admitted to the Bar of the District Court and in good standing, but who do not maintain an office in the District of Delaware, may appear on behalf of parties upon approval by the Court. 11

15 Survey of For Retention of State District of Columbia Residing Out Of the District? Yes No District of Columbia: may practice before the Bankruptcy Court in accordance with the terms of Local District Court Rule 104, which requires an attorney seeking to appear to join of record a member in good standing of the bar of this Court. All papers submitted must be signed by the local counsel. See D.C. LBR (adopting Local District Court Rule 104). Excerpted Text D.C. LBR ( Admission to Practice ) (a). may practice before this Court in accordance with the terms of Local District Court Rule 104. Per the text of Rule , Local District Court Rule 104 provides as follows: (a) PRACTICE BY MEMBERS OF THE BAR OF THIS COURT.-- An attorney who is a member in good standing of the bar of this Court may appear, file papers and practice in this Court, provided that the attorney complies with section (b) of this Rule. (c) PRACTICE BY NON-MEMBERS OF THE BAR OF THIS COURT.-- An attorney who is a member in good standing of the bar of any United States Court or of the highest court of any State, but who is not a member of the bar of this Court, may file papers in this Court only if such attorney joins of record a member in good standing of the bar of this Court. All papers submitted by non-members of the bar of this Court must be signed by such counsel and by a member of the bar of this Court joined in compliance with this Rule (d) PARTICIPATION BY NON-MEMBERS OF THIS COURT'S BAR IN COURT PROCEEDINGS-- An attorney who is not a member of the bar of this Court may be heard in open court only by permission of the judge to whom the case is assigned. 12

16 Survey of For Retention of Florida State Northern District: No Southern & Middle Districts: Yes, except in limited circumstances Residing Out Of the District? No Northern District of Florida: Out-of-state licensed attorneys become direct members of the D. Fla. bar simply by submitting appropriate paperwork; the Northern District has done away with any pro hac distinction in membership once an out-of-state attorney applies through pro hac procedures. It is not necessary to be sponsored by or retain local counsel to become such a member. See USBC. N.D. Fla. LR ; see also N.D. Fla. Loc. R (District Court rule incorporated by reference). There are no local counsel restrictions imposed on admitted attorneys who reside out of the district. Southern District Florida: not admitted before the S. D. Fla. courts may apply to be admitted pro hac vice, however must designate and be sponsored by local counsel with whom the court and opposing attorneys may readily communicate regarding the conduct of the case, and upon whom papers shall be served. There are, however, limited, procedural circumstances that do not require out-of-state attorneys to designate local counsel (e.g. preparation and filing of a notice of appearance; a request for service of notices; etc.). See USBC S.D. Fla. Bankr. LR There are no local counsel restrictions imposed on admitted attorneys who reside out of the district. Middle District Florida: Same effect as the rules as in Southern District of Florida. See M. D. Fla. L.B.R ; see also USDC Excerpted Text USBC N.D. Fla. LR ( Admission to Practice ) A. General Admission: Except as provided herein, Local Rule 11.1 of the United States District Court for the Northern District of Florida governs the admission and appearance of attorneys before the Bankruptcy Court. All attorneys admitted to practice or approved to appear Pro Hac Vice in the United States District Court for the Northern District of Florida are by virtue thereof admitted to practice in the Bankruptcy Court. Note --With the advent of electronic case filing, the United States District Court no longer draws any substantive distinction between membership in the bar of this district and pro hac vice admission. An attorney admitted pro hac vice will be treated as a member of the bar of this district and will remain a member, even after termination of the case, until such time as the attorney affirmatively withdraws from the bar of this district or no longer meets the admission qualifications. N.D. Fla. Loc. R ( ) C) Appearances. (2) Pro Hac Vice Appearance. --Prior to any appearance, any attorney who is not a member of the bar of this district must request permission in writing to appear, certifying that he or she has successfully completed the computer-based tutorial on local rules of the Northern District of Florida and the computer-based tutorial on this court's CM/ECF System, available on the district's Internet home page, In addition, a copy of a certificate of good standing dated within the last six months from The Florida Bar, from the bar of any state, or from the United States District Court to which said attorney has been admitted, together with an admission fee in the amount set by the court by administrative order, shall accompany said request. Upon completion of these requirements the attorney will be admitted to the bar of this district. With the advent of electronic case filing, this court no longer draws any substantive distinction between membership in the bar of this district and pro hac vice admission. An attorney admitted pro hac vice will be treated as a member of the bar of this district and will remain a member, even after termination of the case, until such time as the attorney affirmatively withdraws from the bar of this district or no 13

17 Survey of For Retention of State Excerpted Text Residing Out Of the District? S.D. Fla. LR 2.01 (incorporated by reference). longer meets the admission qualifications. USBC S.D. Fla. Bankr. LR ( ) (B) Appearances Permitted as Exceptions to Qualification Requirements. --An attorney who has not fulfilled the qualifications to practice set forth in subdivision (A) above, may only appear as set forth in this subdivision. Any attorney who appears pursuant to this rule shall be deemed to be familiar with, and shall be governed by, these rules, and the Rules of Professional Conduct and other ethical limitations or requirements governing the professional behavior of members of The Florida Bar. (1) Appearances in Limited Instances. --An attorney may appear in the following limited instances without resort to the requirements contained in subdivision (A) or (B)(2) of this rule: (a) the preparation and filing of a notice of appearance (pursuant to Bankruptcy Rule 9010); (b) a request for service of notices (pursuant to Bankruptcy Rule 2002); (c) the preparation and filing of a proof of claim in chapter 7, 11, 12 or 13 cases, or ballots in chapter 11 cases; (d) the filing of notices under Local Rule (B); (e) attendance and inquiry at the meeting of creditors held under 11 U.S.C. 341; and (f) attendance and representation of a creditor at a hearing which has been noticed to all creditors generally, except for representation of a party in a contested matter governed by Bankruptcy Rule 9014, or an adversary proceeding governed by Part VII of the Bankruptcy Rules. (2) Pro Hac Vice Appearances. --Any attorney who is a member in good standing of the bar of any state or territory or insular possession of the United States, who is qualified to practice in this court but is not admitted to practice in the United States District Court for the Southern District of Florida, shall file the Local Form "Motion to Appear Pro Hac Vice" and proposed Local Form "Order Admitting Attorney Pro Hac Vice" and, upon the entry of the order, shall be permitted to appear and participate in a particular case or proceeding. The motion shall designate an attorney who is qualified to practice in this court and who maintains an office in this district for the practice of law, with whom the court and opposing attorneys may readily communicate regarding the conduct of the case or proceeding and upon whom papers shall be served. The motion must be accompanied by a written statement of the local attorney who consented 14

18 Survey of For Retention of State Residing Out Of the District? Excerpted Text to the designation, and the name, address and telephone number of the named designee... Upon written motion and for good cause shown, the court may waive or modify the requirements of designation of a qualified local attorney. M. D. Fla. L.B.R ( -- Admission to Practice ) (b) An attorney residing outside the State of Florida, who is not admitted to practice in the United States District Court for the Middle District of Florida, may appear without the necessity of seeking special admission to practice as provided for in subparagraph (c) below, and may also appear without general or special admission to practice in the following limited instances: the preparation and filing of a Notice of Appearance and Request For Service of Notices pursuant to Fed. R. Bankr. P. 2002, the preparation and filing of a proof of claim, the attendance and inquiry at the meeting of creditors held under 11 U.S.C. 341, and the attendance and representation of a creditor at a hearing that has been noticed to all creditors generally except the representation of a party in a contested matter or adversary proceeding. (c) Special Admission to Practice. (1) Any attorney residing outside the State of Florida, who is a member in good standing of the bar of any District Court of the United States other than the Middle District of Florida, may appear specially and be heard in any case or proceeding without formal or general admission; provided, however, such privilege is not abused by frequent or regular appearances in separate cases to such a degree as to constitute the maintenance of a regular practice of law in the Middle District of Florida; and provided further that, whenever a nonresident attorney appears as counsel by filing any pleading or paper in any case or proceeding pending in the Court except as specified in paragraph (b) above, the attorney shall, within fourteen (14) days thereafter, file a written designation and consent-to-act on the part of some member of the bar of the Middle District, resident in Florida, upon whom all notices and papers may be served and who will be responsible for the progress of the case; provided, however, the Court may waive such designation for good cause shown. The designation and consent-toact requirement shall be deemed satisfied by the filing of a pleading signed as co-counsel by the non-resident attorney and by the Florida resident attorney who is a member of the bar of this district. 15

19 Survey of For Retention of State Residing Out Of the District? Georgia Yes No Northern District: An attorney applying to appear pro hac vice in the Bankruptcy Court must designate a local member of the bar of the Bankruptcy Court with whom the opposing counsel and the Bankruptcy Court may readily communicate regarding the conduct of the case, and upon whom papers shall be served. See N.D. Ga. BLR There are no local counsel restrictions imposed on admitted attorneys who reside out of the district. Middle District: The Bankruptcy Rule pertaining to procedures for pro hac admissions, MD. Ga. LBR , was repealed in 2003 due to inconsistency with the USDC s local rules. Per the Middle District Bankruptcy Court s website, the Bankruptcy Rules now adopt the local District Court s pertaining to pro hac appearances (M.D. Ga. LR ), which requires pro hac attorneys to designate in writing some willing member of the local bar of the District Court upon whom motions and papers may be served and who will be designated as local counsel. See htm; see also M.D. Ga. LR (incorporated by reference). There are no local counsel restrictions imposed on admitted attorneys who reside out of the district. Southern District: The Southern District Bankruptcy Court rules expressly adopt local District Court Rule 83.4 with respect to pro hac appearances. That rule requires pro hac Excerpted Text N.D. Ga. BLR ( Permission to Practice in a Particular Case ) A non-resident attorney who is not an active member in good standing of the State Bar of Georgia, but who is a member in good standing of the bar of any United States Court or of the highest court of any State may apply in writing for permission to appear pro hac vice....an attorney applying to appear pro hac vice must also designate a local member of the bar of the Bankruptcy Court with whom the opposing counsel and the Bankruptcy Court may readily communicate regarding the conduct of the case and upon whom papers shall be served. The nonresident attorney may be permitted to appear pro hac vice in the discretion of the Bankruptcy Court. (b) If the non-resident attorney fails to respond to any order of the Bankruptcy Court for appearance or otherwise, the designated local attorney shall have the responsibility and full authority to act for and on behalf of the client in all proceedings in connection with the case, including hearings, pretrial conferences, and trial M.D. Ga. LBR ( /Notice of Appearance ) On December 11, 2003, the court abrogated Local Bankruptcy Rule This rule governed the procedure to be followed for attorneys wishing to appear in the Bankruptcy Court Pro Hac Vice. The reason for the rule abrogation was based upon a conflict with the local rules for the United States District Court. are advised to refer to the United States District Court Local Rule regarding a request to practice in a particular case. The rules regarding bar admission and authority to practice in the Bankruptcy Court for the Middle District of Georgia are governed by the admission rules for the United States District Court. Any questions concerning this procedure should be directed to the Clerk of the District Court or the Clerk of the Bankruptcy Court. See M.D. Ga. Rule ( Duties ) c. Permission to practice in a particular case. Any member in good standing of the bar of any other District Court of the United States who 16

20 Survey of For Retention of State Residing Out Of the District? applicants to designate some willing member of the District Court's Bar upon whom motions and papers may be served. For that designation to be effective, such local counsel must enter a written appearance in the case. See S.D. Ga. LBR ; see also S.D. Ga. LR 83.4 (incorporated by reference). There are no local counsel restrictions imposed on admitted attorneys who reside out of the district. Excerpted Text is not a member of the State Bar of Georgia and who does not reside in or maintain an office in this state for the practice of law, will be permitted to appear and participate in a particular case, civil or criminal, in this court subject to the following provisions: 1. In a civil case in which a party is represented only by counsel not a member of the bar of this court, such counsel must designate in writing some willing member of the local bar of this court upon whom motions and papers may be served and who will be designated as local counsel. That designation shall not become effective until such local counsel has entered a written appearance therein. S.D. Ga. LBR ( Admission of ) (a) Any attorney who is admitted to the bar of the United States District Court for the Southern District of Georgia pursuant to Rule LR 83.3 of the District Local Rules for is admitted to the bar of the Bankruptcy Court. (b) Any attorney who is not admitted pursuant to subparagraph (a) shall be permitted to appear and participate in a bankruptcy case or proceeding only upon compliance with Rule LR 83.4 of the District Local Rules for, and payment of the prescribed fee for admission pro hac vice as set from time to time by the District Court. S.D. Ga. LR 83.4 ( Permission to Practice in a Particular Case ) (b) Any attorney not subject to LR 83.4(a), but who is in good standing with the bar of another federal District Court, may be permitted to appear and participate in a particular case before this Court, whether civil or criminal, with the prior approval of this Court, subject to the following conditions: (1) pro hac vice counsel must designate, by a writing filed in the case in which appearance is sought, some willing member of this Court's bar upon whom motions and papers may be served. For that designation to be effective, such local counsel must enter a written appearance in the case. 17

21 Survey of For Retention of State Residing Out Of the District? Hawaii Yes Discretionary District of Hawaii: The Bankruptcy Court rules adopt the local District Court Rules requiring pro hac applicants to designate local counsel. In addition, the Bankruptcy Court also adopts the local District Court Rule providing that admitted attorneys residing out of the district may be required to appoint local counsel at the Court s discretion. See D. Haw. LBR ; see also D. Haw. LR 83.1 & D. Haw. LR 83.2 (incorporated by reference). Excerpted Text D. Haw. LBR ( -- Admission to Practice ) (a) In General. The local rules of practice of the District Court regarding attorney admission and practice apply in all bankruptcy cases and proceedings, except as provided in LBR These include but are not limited to: (1) LR83.1 ; Admission to the Bar of this Court; Mandatory Notices for All Parties Concerning Changes of Address; (2) LR83.2 ; Practice in this Court; (b) Pro Hac Vice. may request permission to appear pro hac vice in a bankruptcy case or proceeding in this court by filing an application substantially conforming to the local form (Application to Appear Pro Hac Vice [hib_2090-1b]) and submitting the assessment required by the District Court. The assessment should be payable to "Clerk, U.S. Bankruptcy Court." An attorney admitted to appear pro hac vice in a bankruptcy case will also be admitted to appear pro hac vice in a case that has been consolidated or is being jointly administered with, or in any adversary proceeding related to, the case in which the application has been granted. D. Haw. LR 83.1 ( ) (e) Pro hac vice. An attorney who is an active member in good standing in a bar of the highest court of any State or territory of the United States or the District of Columbia, who is of good moral character, and who has been retained to appear in this court, may, upon written application and in the discretion of this court, be permitted to appear and participate in a particular case subject to the conditions of this rule... The attorney shall also designate in the application a member in good standing of the bar of this court who maintains an office within the district to serve as associate counsel. The associated attorney shall at all times meaningfully participate in the preparation and trial of the case with the authority and responsibility to act as attorney of record for all purposes. D. Haw. LR 83.2 ( ; Practice in this Court ) In every action or proceeding in which a party is represented by an attorney who is a member of the bar of this court but who does not 18

22 Survey of For Retention of State Residing Out Of the District? Excerpted Text maintain an office within the district, the court may order the attorney to designate in the pleadings a member in good standing of the Bar of the State of Hawaii who maintains an office within the district, and is a member of the bar of this court upon whom copies of pleadings may be served and with whom the district judge and opposing counsel may communicate concerning the conduct of the action. The associated attorney shall participate in all court proceedings unless otherwise ordered by the court, but need not attend depositions or participate in other discovery. 19

23 Survey of For Retention of Idaho State Yes, with a limited exception. Residing Out Of the District? No District Idaho: When practicing before the District of Idaho Bankruptcy Court, pro hac attorneys must designate a member of the Idaho District or Bankruptcy Courts as cocounsel except in limited circumstances where Oregon cases are being heard before the Idaho Bankruptcy Court. No local counsel requirements are imposed on admitted attorneys who reside out of the district. See D. Id. LBR Excerpted Text of Applicable Local Rules D. Id. LBR Rule ( ) (a) Eligibility for Admission. (1) Any attorney who has been admitted to practice in the Supreme Court of the State of Idaho (including one admitted to reciprocity) is eligible for admission to the bar of this court. Any attorney admitted to practice before the District Court for the District of Idaho is admitted to the bar of the Bankruptcy Court without further process. (d) Admission Pro Hac Vice. (1) Any member in good standing of the bar of any United States Court, or of the highest court of any state or any territory or insular possession of the United States, who is of good moral character and has been retained to appear in this court, and who is not admitted to the bar of this court, may be permitted, after written application and without previous notice, to appear and participate in a particular case and related proceedings. (2) The attorney filing pro hac vice must (1) designate a member of the bar of this court as co-counsel with the authority to act as attorney of record for all purposes, and (2) file with such designation the address, telephone number, and written consent of such designee. (4) In all Oregon cases heard before this court, and in all proceedings related thereto, Oregon counsel not previously admitted to the bar of this court under subdivision (a) of this rule may appear for the debtor(s) or a creditor or party in interest without compliance with the requirements of pro hac vice admission as set forth in subdivision (d) of this rule. 20

24 Survey of For Retention of Illinois State N.D. Ill: Yes C.D. Ill: No. S.D. Ill: No, but the court may require it upon motion. Residing Out Of the District? No Northern District Illinois: The N.D. Ill. Bankruptcy Rules do not expressly require that pro hac vice applicants seeking to appear in the Bankruptcy Court retain local counsel; however, the Bankruptcy Rules do require such applicants to complete the same forms that pro hac vice applicants before the District Court have to complete. In turn, these District Court forms (which are available at cuments/a%20motion%20and%20application %20to%20Appear%20Pro%20Hac%20Vice.pd f ) require the retention of local counsel in compliance with N.D. Ill. LR and Thus, as a practical matter, pro hac vice applicants seeking to appear in the N.D. Ill. Bankruptcy Court must obtain local counsel. See N.D. Ill. Bankr. R ; see also N.D. Ill. Loc. R , (requiring designation of local counsel; see also Motion for Leave to Appear Pro Hac Vice, cuments/a%20motion%20and%20application %20to%20Appear%20Pro%20Hac%20Vice.pd f (form incorporated by reference in N.D. Ill. Bankr. R ). Central District Illinois: There are no Central District of Illinois Bankruptcy Court local rules. Instead, the local District Court Rules are adopted. See s/manual.pra.pdf. Under those District Court rules, there are no pro hac vice admissions; attorneys who wish to appear must Excerpted Text of Applicable Local Rules N.D. Ill. Bankr. R ( Appearance by Not Members of the Bar of the District Court (Pro Hac Vice) ) An attorney who is not a member of the bar of the District Court but who is a member in good standing of the bar of the highest court of any state or of any United States District Court may appear before this court after: (1) completing the form application for leave to appear pro hac vice as prescribed by the District Court, (2) paying the required fee to the clerk of the District Court, and (3) filing the application and receipt for payment with the clerk of this court. No order of court is required. N.D. Ill. Loc. R ( Appearance by Not Members of the Bar ) A member in good standing of the bar of the highest court of any state or of any United States District Court may, upon motion, be permitted to argue or try a particular case in whole or in part. N.D. Ill. Loc. R ( : Designation for Service ) (a) Designation. An attorney not having an office within this District ("non-resident attorney") shall appear before this Court only upon having designated as local counsel a member of the bar of this Court having an office within this District upon whom service of papers may be made. Such designation shall be made at the time the initial notice or pleading is filed by the non-resident attorney. Local counsel shall file an appearance but is not required to participate in the case beyond the extent required of an attorney designated pursuant to this rule. (c) Duties of. Local counsel shall be responsible for receiving service of notices, pleadings, and other documents and promptly notifying the non-resident attorney of their receipt and contents. In emergencies, local counsel may appear on behalf of the non-resident attorney. This rule does not require local counsel to handle any substantive aspects of the litigation. Such matters may be handled by the non-resident attorney under LR83.12 or LR Nor 21

25 Survey of For Retention of State Residing Out Of the District? instead submit an application to be admitted to the C.D. Ill. Bar directly. Sponsorship by a resident attorney for the submission of the application is not necessary if the non-resident attorney instead submits a certificate of good standing from the highest court in his/her home state. See C.D. Ill. R Southern District of Illinois: The Southern District of Illinois Bankruptcy Court has adopted the District Court s local rules, which do not require sponsorship by a resident attorney if a pro hac vice applicant submits a letter of good standing from the highest court in his/her home state. (Alternatively, a nonresident attorney may instead choose apply to be admitted for general purposes with the S.D. Ill.) However, the adopted District Court rules state that while it is not necessary for a party to be represented by local counsel, the Court may (upon motion by any party or its own motion) require such local counsel to be appointed. S.D. Ill. Loc. R. Bankr., R ; see also S.D. Ill. Loc. R (incorporated by reference). Excerpted Text of Applicable Local Rules does the rule require local counsel to sign any pleading, motion or other paper ( See Fed.R.Civ.P. 11). C.D. Ill. Bankr. Rules: Per the C.D. Ill. Bankruptcy Court s Manual For Practitioners, available at there are no local rules in the Central District of Illinois Bankruptcy Court. The local rules of the U.S. District Court for the Central District of Illinois and the Federal Rules of Bankruptcy Procedure apply. C.D. Ill. R ( Admission to Practice ) (A) Qualifications for Admission to Practice. Any attorney licensed to practice law in any state or the District of Columbia must be admitted to practice generally in this court on written motion of a member in good standing of the bar of this court, or upon the attorney's own motion accompanied by certification of good standing from the state in which the attorney is licensed, and upon payment of the fee required by law and by Local Rule 83.5(E). On motion made at the time of the written motion for admission to practice, the presiding judge may waive the admission fee for any attorney employed full time by the United States, any state, or county. (F) Admission Pro Hac Vice. The court does not permit pro hac vice admissions generally. At the discretion of the presiding judge, an attorney who is duly licensed to practice in any state or the District of Columbia may file a motion seeking leave to participate in a case while his or her application for admission to practice in the Central District of Illinois is pending. The application for admission must be submitted contemporaneously with the motion for leave. S.D. Ill. Loc. R. Bankr., R ( Local Rules of the United States District Court ) Except as otherwise ordered, the Local Rules of the United States District Court for the Southern District of Illinois are hereby adopted and incorporated herein and shall apply to proceedings in the United States Bankruptcy Court. 22