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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 11 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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<img style="max-width: 100%;height: auto;max-width: 100%;height: auto" loading="lazy" class="alignright size-medium wp-image-4224" src="https://www.thelawforlawyerstoday.com/wp-content/uploads/sites/754/2019/01/Pro-hac-vice-268x300.jpg" alt="" width="268" height="300">If you&rsquo;re admitted to handle a case PHV, mind your P&rsquo;s and Q&rsquo;s.
Translation:&nbsp; Pro hac vice admission to practice before a court outside the state where you&rsquo;re licensed requires attention to a range of ethics duties, and running afoul of them can have bad consequences.&nbsp; Two recent cases spotlight some of the issues.
We&rsquo;re looking at you....
A Louisiana lawyer was admitted pro hac vice to represent a client in the Western District of North Carolina.&nbsp; On the application, he certified that he had never been subject to a formal suspension or public discipline in Louisiana.&nbsp; Whoops.&nbsp; In 2014, the lawyer&nbsp;had been&nbsp;suspended in the Bayou State for neglecting a client matter and mishandling a client trust account, but the suspension was deferred pending successful completion of a two-year probation.
The lawyer argued that his certification on the PHV application was not a material misrepresentation.&nbsp; Maybe not technically &mdash; but the district court in North Carolina was not buying it.&nbsp; The lawyer&rsquo;s missteps in his home state didn&rsquo;t automatically disqualify from appearing in North Carolina, said the court.&nbsp; But he was required to explain his disciplinary history.&nbsp; The lawyer&rsquo;s argument that he had to disclose only an actual interruption in his ability to practice was &ldquo;manifestly not credible,&rdquo;&nbsp;the court found.&nbsp; Even making the argument demonstrated his lack of candor, the court noted.
The outcome:&nbsp; <a href="http://filehost.thompsonhine.com/uploads/Estate_of_Williams_v._Radford_18d0.pdf">revocation</a> of the lawyer&rsquo;s permission to represent his client in the case.
Lesson:&nbsp; Your state has a version of <a href="https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_3_3_candor_toward_the_tribunal/">Model Rule 3.3</a> (Candor toward the Tribunal), <a href="https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_5_5_unauthorized_practice_of_law_multijurisdictional_practice_of_law/">Model Rule 5.5</a> (Multi-jurisdictional Practice) and <a href="https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_8_4_misconduct/">Model Rule 8.4(c)</a> (dishonesty, misrepresentation).&nbsp; Don&rsquo;t try to shave the corner of the plate when you&rsquo;re applying for PHV admission.&nbsp; Explain anything that even arguably needs explaining.&nbsp; Don&rsquo;t try to justify a failure to disclose with an over-technical reading of the&nbsp; requirements.&nbsp; A court might not look kindly on that strategy.
Hand-flapping and harassment
An Ohio lawyer admitted pro hac vice before the Delaware Chancery Court was representing the defendants.&nbsp; Things went awry when the lawyer deposed one of the plaintiff&rsquo;s witnesses, and&nbsp;based on misconduct at the deposition, the court<a href="http://filehost.thompsonhine.com/uploads/Lendus_LLC_v._Goede,_et_al._d8a2.pdf"> granted the lawyer&rsquo;s own motion to withdraw</a> his&nbsp;PHV admission.
From its review of the deposition transcript and video, the court noted that the lawyer
<ul>
<li>raised his hand and made yapping gestures toward plaintiff&rsquo;s counsel while plaintiff&rsquo;s counsel was speaking;</li>
<li>repeatedly interrupted plaintiff&rsquo;s counsel and referred to him as &ldquo;Egregious Steve,&rdquo; and the &ldquo;sovereign of Delaware&rdquo;;</li>
<li>harassed the deponent with personal questions; and</li>
<li>called the deponent and plaintiff&rsquo;s counsel &ldquo;idiots.</li>
</ul>
For this conduct, which it called&nbsp;&ldquo;not only rude, but tactically so,&rdquo; the court granted the motion to withdraw, and&nbsp;also&nbsp;referred the matter to Delaware disciplinary counsel, along with imposing attorneys&rsquo; fees on the lawyer and his firm.
Lesson:&nbsp; Be professional and dignified at all times, but especially when you are in someone else&rsquo;s bailiwick.&nbsp; As the court said, the lawyer was appearing in Delaware &ldquo;as a courtesy extended to him to practice pro hac vice.&rdquo;&nbsp; Delaware, like many other jurisdictions, has a <a href="https://www.courts.delaware.gov/rules/pdf/PPDL-LN.pdf">professionalism code</a>, in addition to its Rules of Professional&nbsp; Conduct.&nbsp; The Delaware code stresses &ldquo;civility,&rdquo; respectfulness, &ldquo;emotional self-control,&rdquo; and refraining from &ldquo;scorn and superiority in words or demeanor,&rdquo; and&nbsp;is binding on those appearing pro hac vice, the court said.
The take-home from these two cases is obvious.&nbsp; When you&rsquo;re specially&nbsp;admitted before a court, any professional or ethical misconduct carries with it the added potential risk of being tossed from the case, with clear downsides for your client, as well as for you.&nbsp; Mind those P&rsquo;s and Q&rsquo;s, and stay out of PHV trouble.

core/freeform

Ethics

Legal Ethics, Professional Responsibility and the Business of Law

Cases underscore some pro hac vice ethics pitfalls