Opinion
June 18, 2002.
ORDER
Pursuant to Article V, § 4, of the South Carolina Constitution, we amend Rule 404, South Carolina Appellate Court Rules, which addresses admission pro hac vice, to set forth with more specificity which attorneys can appear pro hac vice, to require attorneys seeking admission pro hac vice to file a detailed written application and pay a $100 fee, to state that attorneys appearing pro hac vice are subject to the jurisdiction of the South Carolina courts with respect to South Carolina law governing the conduct of attorneys, to set forth the duties of the South Carolina attorney of record, and to require the South Carolina Supreme Court Office of Bar Admissions to certify that an application and fee has been received and to maintain a record of all admissions pro hac vice. The amendments shall be effective July 1, 2002.
Rule 404, as amended, and the application form, is attached.
IT IS SO ORDERED.
s/ Jean H. Toal, C.J.
s/ James E. Moore, J.
s/ John H. Waller, Jr., J.
s/ E.C. Burnett, III, J.
s/ Costa M. Pleicones, J.
RULE 404 ADMISSION PRO HAC VICE
(a) Admission. Upon written application, an attorney who is not admitted to practice law in South Carolina and who is admitted and authorized to practice law in the highest court of another state or the District of Columbia may appear pro hac vice in any action or proceeding before a court of this state if an attorney admitted to practice law in South Carolina is associated as attorney of record.
(b) Prohibitions on Admission. An attorney may not appear pro hac vice if the attorney is a resident of South Carolina, is regularly employed in South Carolina, or is regularly engaged in the practice of law or in substantial business or professional activities in South Carolina, unless the attorney has filed an application for admission under Rule 402, SCACR.
(c) Application for Admission. An attorney desiring to appear pro hac vice shall file with the court in which the matter is pending, prior to making an appearance, an Application for Admission Pro Hac Vice which contains the following information:
(1) the applicant's residence and office addresses;
(2) the state and federal courts to which the applicant has been admitted to practice and the dates of admission;
(3) whether the applicant is a member in good standing in those courts, and a certificate of good standing of the Bar of the highest court of the state or the District of Columbia where the applicant regularly practices law;
(4) whether the applicant is currently suspended or disbarred in any court, and if so, a description of the circumstances under which the suspension or disbarment occurred;
(5) whether the applicant has been formally notified of any complaints pending before a disciplinary agency in any other jurisdiction and, if so, provide a detailed description of the nature and status of any pending disciplinary complaints;
(6) an identification of all law firms with which the applicant is associated and a description of all the applicant's pending pro hac vice appearances in South Carolina;
(7) the names of each case in South Carolina in which the applicant has filed an application to appear as counsel pro hac vice, the date of each application, and whether it was granted;
(8) the name, address, and telephone number of the active member(s) of the South Carolina Bar who is (are) the attorney(s) of record; and
(9) an affirmation that the applicant will comply with the applicable statutes, law and procedural rules of the State of South Carolina; be familiar with and comply with the South Carolina Rules of Professional Conduct; and submit to the jurisdiction of the South Carolina courts and the South Carolina disciplinary process.
The court in its discretion may order a hearing on the application and shall enter an order granting or refusing the application. If the application is refused, the court shall state its reasons.
(d) Fee; Record of Appearances. Each time an application under this rule is made, the attorney seeking to appear pro hac vice shall provide a copy of the application to the South Carolina Supreme Court Office of Bar Admissions accompanied by a $100 fee. Upon receipt of the application, the Clerk of the South Carolina Supreme Court shall certify to the court in which a pro hac vice appearance has been requested that the fee has been received. The Office of Bar Admissions shall maintain a record of all pro hac vice applications as a public record.
(e) Conduct of Attorney Appearing Pro Hac Vice. An attorney appearing pro hac vice is subject to the jurisdiction of the South Carolina courts with respect to South Carolina law governing the conduct of attorneys to the same extent as an attorney admitted to practice in the courts of this state. The attorney shall comply with the South Carolina Rules of Professional Conduct and is subject to the disciplinary jurisdiction of the Supreme Court of South Carolina. The court in which an attorney is appearing pro hac vice or the Supreme Court of South Carolina may, for violations of South Carolina law, the South Carolina Rules of Professional Conduct, or orders of the court, withdraw its permission for an attorney to appear pro hac vice.
(f) Responsibilities of Attorney of Record. The South Carolina attorney of record shall at all times be prepared to go forward with the case; sign all papers subsequently filed; and attend all subsequent proceedings in the action, unless the court specifically excuses the South Carolina attorney of record from attendance.
VERIFIED APPLICATION FOR ADMISSION PRO HAC VICE IN THE STATE OF SOUTH CAROLINA
________________________, _________________ ____________________ Plaintiff Case No. Court
vs. Mailing Address of Court: __________________
________________________ ____________________________________________ Defendant
Comes now_________________, applicant herein, and respectfully represents the following:
1. Applicant resides at ______________________________________________ Street Address ________________, _________________, ________________, _____________ City County State Zip Code _____________, __________________________ Telephone Social Security Number
2. Applicant is an attorney and a member of the law firm of (or practices law under the name of) _______________________, with offices at _________________________________________, Street Address _______________, _________________, _________________, _____________ City County State Zip Code _______________, _________________ Telephone Fax Number
3. Applicant has been retained personally or as a member of the above named law firm by _________________ to provide legal representation in connection with the above case now pending before the above named court of the State of South Carolina.
4. Since ___________ of ____________, applicant has been, and presently is, a member in good standing of the bar of the highest court of the District of Columbia or the State of _____________________ where applicant regularly practices law. Attached is a certificate of good standing.
5. Applicant has been admitted to practice before the following courts: (List all of the following courts applicant has been admitted to practice before: United States District Courts; United States Circuit Courts of Appeals; the Supreme Court of the United States; and courts of other states or the District of Columbia.)
Court: Date Admitted: _____________________________ ________________________
_____________________________ ________________________
_____________________________ ________________________
_____________________________ ________________________
Applicant is presently a member in good standing of the bars of those courts listed above, except as listed below: (List any court named in the preceding paragraph that applicant is no longer admitted to practice before.)
_____________________________
_____________________________
_____________________________
6. Applicant presently is not subject to any suspension or disbarment proceedings, and has not been formally notified of any complaints pending before a disciplinary agency, except as provided below (give particulars, e.g., jurisdiction, court, date):
___________________________________________________
___________________________________________________
7. Applicant never has had any application for admission pro hac vice in this or any other jurisdiction denied or any pro hac vice admission revoked, except as provided below (give particulars, e.g., date, court, docket number, judge, circumstances; attach a copy of any order of denial or revocation):
___________________________________________________
___________________________________________________
8. Applicant never has had any certificate or privilege to appear and practice before any administrative body suspended or revoked, except as provided below (give particulars, e.g., date, administrative body, date of suspension and reinstatement):
___________________________________________________
___________________________________________________
9. Local counsel of record associated with applicant in this case is ____________________, of the __________________ law firm, which has offices at _______________________________________, Street Address
_____________________, _____________________, South Carolina. County City _____________________, _______________________. Zip Code Telephone
If applicable list all other firms/attorneys you are associated with in this matter
___________________________________________________________________
10. Applicant has previously filed an application to appear pro hac vice in the following South Carolina cases (give case name and status of litigation, date of application, local counsel of record in each case, and state whether application is pending or was granted).
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
11. Applicant agrees to comply with the applicable statutes, laws and rules of the State of South Carolina and will familiarize him/herself with and comply with the South Carolina Rules of Professional Conduct. Applicant consents to the jurisdiction of the South Carolina courts and Commission on Lawyer Conduct.
12. Applicant respectfully requests to be admitted to practice in the above named court for this case only.
DATED this __________________ day of ____________, 20__.
________________________ APPLICANTVERIFICATION
STATE OF __________________)
COUNTY OF _________________)
I, _________________, do hereby swear or affirm under penalty of perjury that I am the applicant in the above styled matter; that I have read the foregoing application and know the contents thereof; and that the contents are true of my own knowledge, except as to those matters stated on information and belief, and that as to those matters I believe them to be true.
____________________________ APPLICANT/AFFIANT
Subscribed and sworn to before me this ___________ day of ______, 20__.
____________________________________________
Notary Public for the State of _____________
My Commission Expires: _____________________
LOCAL COUNSEL CONSENT
I hereby consent, as local counsel of record, to the association of applicant in this cause pursuant to Rules Governing Admission Pro Hac Vice to the South Carolina Bar.
DATED this ________ day of __________________, 20__.
____________________________ LOCAL COUNSEL OF RECORDCERTIFICATE OF SERVICE
I hereby certify that I have served a copy of this application upon the South Carolina Supreme Court by mail addressed to: South Carolina Supreme Court Office of Bar Admissions, PO Box 11330, Columbia, S.C. 29211, accompanied by payment of the $100 filing fee payable to the South Carolina Supreme Court on this ___________ day of _____________________, 20__.
________________________ APPLICANT/AFFIANT