Rule 71 - Admission pro hac vice(a) Application. -Attorneys who are not members of the Delaware Bar or inactive members of the Delaware Bar may be admitted pro hac vice in the discretion of the Court and such admission shall be made only upon written motion substantially in compliance with Official Form O by a [an] active member of the Delaware Bar ("Delaware Counsel"). Application for admission pro hac vice must be made separately before each Court in which admission is sought. The admission of an attorney pro hac vice shall not relieve the moving attorney from responsibility to comply with any Rule or order of the Court.(b) Certification. -Any attorney seeking admission pro hac vice shall certify the following in a statement attached to the motion:(i) Good standing. -That the attorney is a member in good standing of the Bar of another state;(ii) Professional conduct and principles. -That the attorney shall be bound by the Delaware Lawyers' Rules of Professional Conduct and has reviewed the Principles of Professionalism for Delaware Lawyers: PRINCIPLES OF PROFESSIONALISM FOR DELAWARE LAWYERS
The Delaware State Bar Association and the Delaware Supreme Court have jointly adopted the Principles of Professionalism for Delaware Lawyers for the guidance of Delaware lawyers, effective November 1, 2003. These Principles replace and supersede the Statement of Principles of Lawyer Conduct adopted by the Delaware State Bar Association on November 15, 1991. They are not intended, nor should they be construed, as establishing any minimum standards of professional care or competence, or as altering a lawyer's responsibilities under the Delaware Lawyers' Rules of Professional Conduct. These Principles shall not be used as a basis for litigation, lawyer discipline or sanctions. The purpose of adopting the Principles is to promote and foster the ideals of professional courtesy, civility, conduct and cooperation. These Principles are fundamental to the functioning of our system of justice and public confidence in that system.
PRINCIPLES
A. In general. A lawyer should develop and maintain the qualities of integrity, compassion, learning, civility, diligence and public service that mark the most admired members of our profession. A lawyer should provide an example to the community in these qualities and should not be satisfied with minimal compliance with the mandatory rules governing professional conduct. These qualities apply both to office practice and to litigation. A lawyer should be mindful of the need to protect the standing of the legal profession in the view of the public and should bring these Principles to the attention of other lawyers when appropriate. 1. Integrity. Personal integrity is the most important quality in a lawyer. A lawyer's integrity requires personal conduct that does not impair the rendering of professional service of the highest skill and ability; acting with candor; preserving confidences; treating others with respect; and acting with conviction and courage in advocating a lawful cause. Candor requires both the expression of the truth and the refusal to mislead others in speech and demeanor.2. Compassion. Compassion requires respect for the personal dignity of all persons. In that connection, a lawyer should treat all persons, including adverse lawyers and parties, fairly and equitably and refrain from acting upon or manifesting racial, gender or other bias or prejudice toward any participant in the legal process.3. Learning. A lawyer's commitment to learning involves academic study in the law followed by continual individual research and investigation in those fields in which the lawyer offers legal services to the public.4. Civility. Professional civility is conduct that shows respect not only for the courts and colleagues, but also for all people encountered in practice. Respect requires promptness in meeting appointments, consideration of the schedules and commitments of others, adherence to commitments whether made orally or in writing, promptness in returning telephone calls and responding to communications, and avoidance of verbal intemperance and personal attacks. A lawyer should not communicate with a Court * concerning pending or prospective litigation without reasonable notice whenever possible to all affected parties. Respect for the Court requires careful preparation of matters to be presented; clear, succinct, and candid oral and written communications; acceptance of rulings of the Court, subject to appropriate review; emotional self-control; the absence of scorn and superiority in words or demeanor; observance of local practice and custom as to the manner of addressing the Court; and appropriate dress in all Court proceedings. A lawyer should represent a client with vigor, dedication and commitment. Such representation, however, does not justify conduct that unnecessarily delays matters, or is abusive, rude or disrespectful. A lawyer should recognize that such conduct may be detrimental to a client's interests and contrary to the administration of justice. *As used in these Principles, "Court" includes not only state and federal courts, but also other tribunals performing an adjudicatory function including administrative hearing panels and boards as well as arbitration tribunals.
5. Diligence. A lawyer should expend the time, effort, and energy required to master the facts and law presented by each professional task.6. Public service. A lawyer should assist and substantially participate in civic, educational and charitable organizations. A lawyer should render substantial professional services on a charitable, or pro bono publico, basis on behalf of those persons who cannot afford adequate legal assistance.B. Conduct of Litigation. In dealing with opposing counsel, adverse parties, judges, court personnel and other participants in the legal process, a lawyer should strive to make our system of justice work fairly and efficiently. A lawyer should avoid conduct that undermines the judicial system or the public's confidence in it, as a truth-seeking process for resolving disputes in a rational, amicable and efficient way.1. Responsible choice of forum. Before choosing a forum, a lawyer should review with the client all alternatives, including alternate methods of dispute resolution. A lawyer should not file or defend a suit or an administrative proceeding without as thorough a review of the facts and the law as is required to form a conviction that the complaint or response has merit.2. Pre-trial proceedings. A lawyer should use pre-trial procedures, including discovery, solely to develop a case for settlement or trial and not to harass an opponent or delay a case. Whenever possible, stipulations and agreements should be made between counsel to reduce both the cost and the use of judicial time. Interrogatories and requests for documents should be carefully crafted to demand only relevant matter, and responses should be timely, candid and not evasive. Good faith efforts should be made to resolve by agreement objections to matters contained in pleadings, discovery requests and objections. A lawyer should endeavor to schedule pre-trial procedures so as to accommodate the schedules of all parties and attorneys involved. Agreements for reasonable extensions of time should not be withheld arbitrarily.
Only those depositions necessary to develop or preserve the facts should be taken. Questions and objections at deposition should be restricted to conduct appropriate in the presence of a judge.
3. Communications with the Court or Tribunal. A lawyer should speak and write respectfully in all communications with the Court. All papers filed in a proceeding should be as succinct as the complexity of the matter will allow. A lawyer should avoid ex parte communications with the Court on pending matters, except when permitted by law. Unless specifically authorized by law, a lawyer should not submit papers to the Court without serving copies of all papers upon opposing counsel in such a manner that opposing counsel will receive them before or contemporaneously with the submission to the Court.4. Settlement. A lawyer should constantly evaluate the strength of a client's legal position and keep the client advised. A lawyer should seek to settle any matter at any time that such course of action is determined to be consistent with the client's best interest after considering the anticipated cost of continuing the proceeding and the lawyer's good faith evaluation of the likely result.5. Appeal. A lawyer should take an appeal only if the lawyer believes in good faith that the Court has committed error, or an appeal is otherwise required.C. Out of state associate counsel. Before moving the admission of a lawyer from another jurisdiction, a Delaware lawyer should make such inquiry as required to determine that the lawyer to be admitted is reputable and competent, should furnish the candidate for admission with a copy [of] these Principles and ensure that the candidate for admission agrees to abide by these Principles.(iii) Compliance with Rules. -That the attorney and all attorneys of the attorney's firm who directly or indirectly provide services to the party or cause at issue shall be bound by all Rules of the Court;(iv) Consent to service. -That the attorney has consented to the appointment of the Clerk of the Supreme Court as agent upon whom service of process may be made for all actions, including disciplinary actions, that may arise out of the practice of law under this Rule and any activities related thereto;(v) Prior appearances. -The number of actions in any court of record of Delaware in which the attorney has appeared in the preceding 12 months;(vi) Assessment. -That a payment for the pro hac vice admission assessment determined by the Delaware Supreme Court is attached to be deposited in the registration fund of the Delaware Supreme Court for the purpose of the governance of the Bar and the administration of justice and to be distributed pursuant to approval of a majority of the members of the Supreme Court. The pro hac vice admission assessment shall be $375 in the calendar year 2015, $400 in calendar year 2016, and thereafter increased annually by the rate of inflation as determined by the Delaware Supreme Court. If the case in which the pro hac vice admission continues into a subsequent year after the year of admission, such assessment shall be deemed an annual assessment to be renewed and be payable on February 1 of each subsequent year and be deemed delinquent if not paid by March 1 of each subsequent year. A notice that a pro hac vice admission may be subject to renewal shall be mailed to Delaware counsel by this Court. It shall be the duty of Delaware counsel to complete the notice stating whether the case in which the pro hac vice admission was granted remains open and to supervise the remittance of the renewal assessment if the case in which the pro hac vice admission was granted remains open. Any Delaware lawyer who fails to file the pro hac vice renewal notice with or without assessment as appropriate by March 1 of each year shall pay a $50.00 late filing assessment.(vii) Disciplinary proceedings. -Whether the applying attorney has been disbarred or suspended or is the object of pending disciplinary proceedings in any jurisdiction where the applying attorney has been admitted generally, pro hac vice, or in any other way; and(viii) Other jurisdictions. -The identification of all states or other jurisdictions in which the applying attorney has at any time been admitted generally.(c) Delaware Counsel's duties. -Delaware Counsel for any party shall appear in the action in which the motion for admission pro hac vice is filed and shall sign or receive service of all notices, orders, pleadings or other papers filed in the action, and shall attend all proceedings before the Court, Clerk of the Court, or other officers of the Court, unless excused by the Court. Attendance of Delaware Counsel at depositions shall not be required unless ordered by the Court.(d) Withdrawal. -Withdrawal of attorneys admitted pro hac vice shall be governed by the provisions of Rule 12(b). The Court may revoke a pro hac vice admission sua sponte, or upon the motion of a party, if it determines, after a hearing or other meaningful opportunity to respond, the continued admission pro hac vice to be inappropriate or inadvisable.(e) Filing. -The motion and certificate described in subsections (a) and (b) of this Rule shall be filed as soon as reasonably possible, and they shall be filed no later than the date of the 1st appearance of the attorney who seeks admission pro hac vice before the Court or the Clerk of the Court in the matter for which admission is sought.(f) Action by Court. -In exercising its discretion in ruling on a motion for admission pro hac vice, the Court shall also consider whether, in light of the nature and extent of the practice in the State of Delaware of the attorney seeking admission, that attorney is, in effect, practicing as a Delaware Counsel without complying with the Delaware requirements for admission to the Bar. In its consideration of this aspect of the motion, the Court may weigh the number of other admissions to practice sought and/or obtained by this attorney from Delaware courts, the question of whether or not the attorney in fact maintains an office in Delaware although the attorney is not admitted to practice in Delaware courts, and other relevant facts.(g) Delaware Counsel's certification. -The Delaware Counsel filing a motion pro hac vice for the admission of an attorney not a member of the Delaware Bar shall certify that the Delaware attorney finds the applicant to be a reputable and competent attorney, and is in a position to recommend the applicant's admission.(h) Copy of signed motion to be filed with Court. -The judge who signed the motion shall file with this Court a signed copy of the entire pro hac vice motion and also shall send a copy to the Office of Disciplinary Counsel. Disciplinary counsel shall be responsible for contacting Delaware counsel if the information contained in said copy is incomplete for the purposes of this rule.(i) Admission of foreign lawyer. - (1) A foreign lawyer is a person admitted in a non-United States jurisdiction and who is a member of a recognized legal profession in that jurisdiction, the members of which are admitted to practice as lawyers or counselors at law or the equivalent and are subject to effective regulation and discipline by a duly constituted professional body or a public authority, and who is not disbarred, suspended, or the equivalent thereof from practice in any jurisdiction.(2) A court or agency of this State may, in its discretion, admit a foreign lawyer in a particular proceeding pending before such court or agency to appear pro hac vice in a defined role as a lawyer, advisor or consultant in that proceeding with an in-state lawyer, provided that the in-state lawyer is responsible to the client, responsible for the conduct of the proceeding, responsible for independently advising the client on the substantive law of a United States jurisdiction and procedural issues in the proceeding, and for advising the client whether the in-state lawyer's judgment differs from that of the foreign lawyer. See subsection (4).(3) In addition to the factors listed in this Rule, a court or agency in ruling on an application to admit a foreign lawyer pro hac vice, as a lawyer, advisor, or consultant shall weigh factors, including:(a) the legal training and experience of the foreign lawyer including in matters similar to the matter before the court or agency;(b) the extent to which the matter will include the application of:1. the law of the jurisdiction in which the foreign lawyer is admitted; or2. international law or other law with which the foreign lawyer has a demonstrated expertise.(c) the foreign lawyer's familiarity with the law of a United States jurisdiction applicable to the matter before the court or agency;(d) the extent to which the foreign lawyer's relationship and familiarity with the client or with the facts and circumstances of the matter will facilitate the fair and efficient resolution of the matter;(e) the foreign lawyer's English language ability; and(f) the extent to which it is possible to define the scope of the foreign lawyer's authority, so as to facilitate its fair and efficient resolution, including by a limitation on the foreign lawyer's authority to advise the client on the law of a United States jurisdiction except in consultation with the in-state lawyer.(4) The court or agency shall limit the activities of the foreign lawyer or require further action by the in-state lawyer, as appropriate in its discretion in light of subsection (i)(3). It may, for example, require the in-state lawyer to sign all pleadings and other documents submitted to the court or to other parties, to be present at all depositions and conferences among counsel, or to attend all proceedings before the court or agency.(5) If any documents submitted to the court, or referenced in any submission to the court, and which is not in English, the applicant shall submit an English translation and satisfactory proof of the accuracy of the translation. If any disciplinary proceeding is referenced in the motion as described in subsection (b)(vii), a certified copy of any finding or order shall be attached to the motion; and if not in English, the applicant shall submit an English translation and satisfactory proof of the accuracy of the translation.Amended, effective 12/22/2003; effective 1/1/2009; amended effective 8/26/2013; amended January 20, 2015, effective 2/1/2015.