Washington Pro Hac Vice Order

State:
Washington
Control #:
WA-SKU-0107
Format:
PDF
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Description

Pro Hac Vice Order

Washington Pro HAC Vice Order is a legal mechanism that allows attorneys who are not licensed to practice law in the state of Washington to appear in court and represent a client in a particular case. This type of order is often granted to attorneys from other states or countries who have been retained to represent a client in a matter that requires to be specialized legal expertise or experience. Washington Pro HAC Vice Order is typically granted by a state court judge when a motion is made by the attorney to appear pro HAC vice. The motion must include an affidavit of good moral character and a statement of the reasons for the out-of-state attorney's involvement in the case. Types of Washington Pro HAC Vice Order include: Admission Pro HAC Vice, Limited Admission Pro HAC Vice, and Temporary Admission Pro HAC Vice.

Key Concepts & Definitions

Pro Hac Vice Order: A legal procedure that allows an attorney who is not licensed to practice law in a specific jurisdiction to represent a client in that jurisdiction for a particular case, provided they meet certain requirements and obtain approval from the court.

Step-by-Step Guide

  1. Determine Need: Assess if the case requires the expertise of an attorney from outside the jurisdiction.
  2. Find a Local Sponsor: Identify an attorney licensed in the jurisdiction who will serve as the sponsor for the pro hac vice application.
  3. Prepare Documentation: Gather all necessary documents, including proof of good standing from the attorney's home jurisdiction.
  4. File the Application: Submit the application and supporting documents to the court where the case is being heard.
  5. Pay the Fee: Ensure to pay any applicable fees associated with the pro hac vice motion.
  6. Wait for Approval: Await the court's decision on the application.

Risk Analysis

  • Rejection Risk: Incomplete applications or lack of requisite experience in the relevant field of law might result in rejection.
  • Professional Liability: The attorney needs to understand fully the legal framework and local practices of the jurisdiction to avoid professional missteps.
  • Cost Risks: There are often significant fees associated with filing for pro hac vice status, which may not be recoverable even if the motion is denied.

Key Takeaways

Obtaining a pro hac vice order enables an attorney to offer their specialized skills in jurisdictions where they are not regularly licensed, considerably benefiting clients who need particular expertise. However, the process requires careful preparation and understanding of the local legal environment to mitigate risks associated with rejection and professional liability.

Best Practices

  • Thorough Documentation: Ensure all application documents are complete and accurately filled to prevent delays or rejections.
  • Local Laws Familiarity: Understand the laws and court procedures of the jurisdiction to effectively represent the client.
  • Clear Communication: Maintain open lines of communication with the local sponsor and client to ensure smooth proceedings.

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FAQ

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A Motion for Reconsideration in Washington is governed under Civil Rule 59(a), the grounds for which you can file the motion are: (1) Irregularity in the proceedings of the court, jury or adverse party, or any order of the court, or abuse of discretion, by which such party was prevented from having a fair trial.

There is no constitutional right to appointment of counsel at public expense to collaterally attack a judgment and sentence in a criminal case or juvenile offender proceeding or to seek discretionary review of a lower appellate court decision.

Rule 59(e): Motion to Alter or Amend a Judgment Rule 59(e) authorizes a motion to alter or amend a judgment. A Rule 59(e) motion must be filed no later than 28 days after the entry of the judgment. This is a strict time limit, and the court has no authority to grant more time.

The most common type of post-trial motion is a Motion for Reconsideration in which you are asking the judge to reconsider his/her ruling and change one specific part of the court order or the court's overall ruling.

A motion for Reconsideration asks the judicial officer who made a decision in your case to reexamine or ?reconsider? their initial decision. Motions for Reconsideration are done in writing. Motions for Reconsideration must be filed and served on the other party within 10 calendar days of the Commissioner's decision.

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Washington Pro Hac Vice Order