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Subchapter D. INTEREST ON LAWYER TRUST ACCOUNT REGULATIONS FOR PRO HAC VICE ADMISSION
Sec.
81.501. Definitions.
81.502. Scope.
81.503. Requirements and Procedure for Admission Pro Hac Vice.
81.504. Information to be Provided to IOLTA Board.
81.505. Fees.
81.506. Records Custodian.
Source The provisions of this Subchapter D adopted June 29, 2007, effective September 4, 2007, 37 Pa.B. 3212, unless otherwise noted.
These Regulations are to be read and applied in connection with the Pennsylvania Bar Admission Rules. Nothing in these regulations shall be construed to relieve a lawyer from complying with any other rules applicable to the practice of law in Pennsylvania, including but not limited to the Pennsylvania Bar Admission Rules and the Pennsylvania Rules of Professional Conduct. Where these regulations contain directives pertaining to pro hac vice admission before a court in the Commonwealth of Pennsylvania which are more specific than those set forth in the Pennsylvania Bar Admission Rules, the provisions of these regulations shall control.
§ 81.501. Definitions.
(a) Admission pro hac vice. Special admission to the bar of this Commonwealth for purposes limited to a particular case before a court in this Commonwealth.
(b) Applicant. The attorney seeking admission pro hac vice.
(c) Attorney. A member in good standing of the bar of the highest court of any state in the United States or admitted to practice law before any court in a foreign jurisdiction.
(d) Case. A particular legal action, including appellate review of that action, maintained in a Pennsylvania court which is not a special court. The term case does not refer to an action maintained only in a special court.
(e) Court. Any Pennsylvania court of common pleas, the Pennsylvania Superior Court, the Pennsylvania Commonwealth Court, the Supreme Court of Pennsylvania, and any other Pennsylvania court established after the effective date of these regulations which is not a special court.
(f) IOLTA Board. The Pennsylvania Interest on Lawyer Trust Account Board.
(g) Special court. Any Pennsylvania magisterial district court, the Philadelphia Municipal Court, the Philadelphia Traffic Court, the Pittsburgh Municipal Court, and any other special court of similar jurisdiction.
§ 81.502. Scope.
(a) An attorney, barrister or advocate who is qualified to practice in the courts of another state or of a foreign jurisdiction may be specially admitted to the bar of this Commonwealth for purposes limited to a particular case.
(b) An attorney admitted pro hac vice shall not be authorized to act as attorney of record for any case in this Commonwealth. The attorney should refer to the Pennsylvania Bar Admission Rules.
(c) Appearance before a Pennsylvania court by a foreign attorney is deemed to commence with the attorneys first appearance in a Pennsylvania court with respect to a particular case, and shall continue until final determination of that case, including appellate review, or until issuance of an order permitting the foreign attorney to withdraw.
§ 81.503. Requirements and Procedure for Admission Pro Hac Vice.
(a) No oath shall be required of an attorney seeking admission pro hac vice.
(b) Pro hac vice admission shall be only on motion of a member of the bar of the Commonwealth of Pennsylvania, and, unless waived or otherwise not required, by payment of the fee required by Section 81.505.
(c) These regulations apply to admission pro hac vice before a Pennsylvania court, as defined in these regulations.
(d) Except as otherwise prescribed by general rule, admission pro hac vice shall be by written motion of a member of the bar of the Commonwealth of Pennsylvania, and shall be signed by that member. The motion shall recite all relevant facts and shall be filed with the clerk of the court before which the case is pending at least three days prior to any appearance by the attorney seeking pro hac vice admission.
(e) Each motion for pro hac vice admission shall aver that the fee required by Section 81.505(a) has been paid, or include as an attachment a copy of a fee payment certification from the IOLTA Board, unless payment of the fee is not required pursuant to Section 81.505(c).
(f) Each motion for pro hac vice admission shall aver that the information required by Section 81.504 has been provided to the IOLTA Board.
§ 81.504. Information to be Provided to IOLTA Board.
(a) The following information shall be provided to the IOLTA Board with the fee required by Section 81.505:
(i) The name, address, contact information, and Supreme Court identification number of the active member of the bar of this Commonwealth who sponsors the applicant for pro hac vice admission.
(ii) The applicants complete name, date of birth, law firm address and other contact information.
(iii) The name and address of each court and a full identification of the case.
(iv) The courts before which the applicant has been admitted to practice, the respective period(s) of admission, and the applicants identification number in the jurisdiction(s) admitted.
(v) An averment that the applicant is familiar with the Pennsylvania Rules of Professional Conduct, the Pennsylvania Rules of Disciplinary Enforcement, and the rules and court procedures of the court before which the applicant seeks pro hac vice admission.
(b) Included as Appendix A to this regulation is a form which may be used to provide the information required by Section 81.504(a).
§ 81.505. Fees.
(a) An attorney seeking admission pro hac vice with respect to a case shall pay a fee of One Hundred Dollars ($100). The fee shall be required for each case in which the attorney is seeking pro hac vice admission. Under no circumstances shall the fee required by this regulation be refunded.
(b) An attorney seeking admission pro hac vice shall pay the fee required by this regulation to the IOLTA Board no later than the time of filing a motion requesting permission to participate in a case proceeding in a court in this Commonwealth.
(c) No fee for admission pro hac vice shall be required if the client being represented has been granted in forma pauperis status, or for actions before a special court.
(d) Fees required by this regulation shall be paid by a check drawn on a United States bank, money order, or bank cashiers check payable in the full amount to the IOLTA Board.