Out-of-State Attorneys Beware: Michigan’s Pro Hac Vice Rule Extends Beyond the Courtroom
Like every other jurisdiction, Michigan requires that attorneys from other states who appear in Michigan courts seek temporary privileges by means of a limited pro hac vice admission. Unlike other jurisdictions, however, this mandate applies to arbitration and administrative proceedings, as well.
Michigan Court Rule 8.126 provides as follows:
Any person who is licensed to practice law in another state or territory, or in the District of Columbia, of the United States of America, or in any foreign country, and who is not disbarred or suspended in any jurisdiction, and who is eligible to practice in at least one jurisdiction, may be permitted to appear and practice in a specific case in a court, before an administrative tribunal or agency, or in a specific arbitration proceeding in this state when associated with and on motion of an active member of the State Bar of Michigan who appears of record in the case.
As such, even if an out-of-state attorney participating in arbitration or an administrative tribunal never sets foot in a courtroom, he or she must nevertheless comply with Michigan’s pro hac vice rule by associating with a Michigan attorney who will handle the procedural requirements of the temporary admission.
If you are a lawyer outside of Michigan in need of temporary admission or looking to refer a case, please contact us to learn how the experienced attorneys of Sommers Schwartz can serve as local counsel.
Kevin Stoops is an experienced trial attorney who appears frequently in Michigan state courts and federal courts across the United States, representing clients in complex business litigation. He has vast experience and a track record of successful outcomes high-dollar matters involving trade secret, business tort, intellectual property, executive employment, and class action claims.