Local Counsel for California
As a Los Angeles lawyer, we accept referrals from out of state, or foreign counsel, and have experience handling a broad array of litigation involving claims for breach of contract, collections, fraud, probate and trust, unfair competition, and wage disputes for both plaintiffs, and defendants in Southern California courts including the Los Angeles County Superior Court, Orange County Superior Court, and the U.S. District Court for the Central District of California. To practice before California courts, or the U.S. District Court for the Central District of California, an attorney not admitted to either of those bars, must associate local counsel in the Central District of California or the California courts. This firm’s office is located in Los Angeles, California within the Central District of California.
California Rules Regarding Pro Hac Vice Practice, e.g., Local Counsel
Rule 9.40. Counsel pro hac vice
(a) Eligibility
A person who is not a licensee of the State Bar of California but who is an attorney in good standing of and eligible to practice before the bar of any United States court or the highest court in any state, territory, or insular possession of the United States, and who has been retained to appear in a particular cause pending in a court of this state, may in the discretion of such court be permitted upon written application to appear as counsel pro hac vice, provided that an active licensee of the State Bar of California is associated as attorney of record. No person is eligible to appear as counsel pro hac vice under this rule if the person is:
(1) A resident of the State of California;
(2) Regularly employed in the State of California; or
(3) Regularly engaged in substantial business, professional, or other activities in the State of California.
(Subd (a) amended effective January 1, 2019; previously amended effective January 1, 2007.)
(b) Repeated appearances as a cause for denial
Absent special circumstances, repeated appearances by any person under this rule is a cause for denial of an application.
(Subd (b) lettered effective January 1, 2007; adopted as part of subd (a) effective September 13, 1972.)
(c) Application
(1) Application in superior court
A person desiring to appear as counsel pro hac vice in a superior court must file with the court a verified application together with proof of service by mail in accordance with Code of Civil Procedure section 1013a of a copy of the application and of the notice of hearing of the application on all parties who have appeared in the cause and on the State Bar of California at its San Francisco office. The notice of hearing must be given at the time prescribed in Code of Civil Procedure section 1005 unless the court has prescribed a shorter period.
(2) Application in Supreme Court or Court of Appeal
An application to appear as counsel pro hac vice in the Supreme Court or a Court of Appeal must be made as provided in rule 8.54, with proof of service on all parties who have appeared in the cause and on the State Bar of California at its San Francisco office.
(Subd (c) amended and relettered effective January 1, 2007; adopted as part of subd (b) effective September 13, 1972; subd (b) previously amended effective October 3, 1973, September 3, 1986, January 17, 1991, and March 15, 1991.)
(d) Contents of application
The application must state:
(1) The applicant’s residence and office address;
(2) The courts to which the applicant has been admitted to practice and the dates of admission;
(3) That the applicant is a licensee in good standing in those courts;
(4) That the applicant is not currently suspended or disbarred in any court;
(5) The title of each court and cause in which the applicant has filed an application to appear as counsel pro hac vice in this state in the preceding two years, the date of each application, and whether or not it was granted; and
(6) The name, address, and telephone number of the active licensee of the State Bar of California who is attorney of record.
(Subd (d) amended effective January 1, 2019; adopted as part of subd (b) effective September 13, 1972; subd (b) previously amended effective October 3, 1973, September 3, 1986, January 17, 1991, and March 15, 1991; previously amended and lettered effective January 1, 2007.)
(e) Fee for application
An applicant for permission to appear as counsel pro hac vice under this rule must pay a reasonable fee not exceeding $50 to the State Bar of California with the copy of the application and the notice of hearing that is served on the State Bar. The Board of Trustees of the State Bar of California will fix the amount of the fee:
(1) To defray the expenses of administering the provisions of this rule that are applicable to the State Bar and the incidental consequences resulting from such provisions; and
(2) Partially to defray the expenses of administering the Board’s other responsibilities to enforce the provisions of the State Bar Act relating to the competent delivery of legal services and the incidental consequences resulting therefrom.
(Subd (e) amended effective January 1, 2019; adopted as subd (c) effective September 3, 1986; previously amended and relettered effective January 1, 2007.)
(f) Counsel pro hac vice subject to jurisdiction of courts and State Bar
A person permitted to appear as counsel pro hac vice under this rule is subject to the jurisdiction of the courts of this state with respect to the law of this state governing the conduct of attorneys to the same extent as a licensee of the State Bar of California. The counsel pro hac vice must familiarize himself or herself and comply with the standards of professional conduct required of licensees of the State Bar of California and will be subject to the disciplinary jurisdiction of the State Bar with respect to any of his or her acts occurring in the course of such appearance. Article 5 of chapter 4, division 3.of the Business and Professions Code and the Rules of Procedure of the State Bar govern in any investigation or proceeding conducted by the State Bar under this rule.
(Subd (f) amended effective January 1, 2019; previously relettered as subd (d) effective September 3, 1986; previously amended and relettered effective January 1, 2007.)
(g) Representation in cases governed by the Indian Child Welfare Act (25 U.S.C. § 1903 et seq.)
(1) The requirement in (a) that the applicant associate with an active licensee of the State Bar of California does not apply to an applicant seeking to appear in a California court to represent an Indian tribe in a child custody proceeding governed by the Indian Child Welfare Act; and
(2) An applicant seeking to appear in a California court to represent an Indian tribe in a child custody proceeding governed by the Indian Child Welfare Act constitutes a special circumstance for the purposes of the restriction in (b) that an application may be denied because of repeated appearances.
(Subd (g) adopted effective January 1, 2019.)
(h) Supreme Court and Court of Appeal not precluded from permitting argument in a particular case
This rule does not preclude the Supreme Court or a Court of Appeal from permitting argument in a particular case from a person who is not a licensee of the State Bar, but who is licensed to practice in another jurisdiction and who possesses special expertise in the particular field affected by the proceeding.
(Subd (h) amended and relettered effective January 1, 2007; previously relettered as subd (e) effective September 3, 1986; previously amended and relettered as subd (g) effective January 1, 2007.)
Rule 9.40 amended effective January 1, 2019; adopted as rule 983 by the Supreme Court effective September 13, 1972; previously amended and renumbered effective January 1, 2007; previously amended effective October 3, 1973, September 3, 1986, January 17, 1991, and March 15, 1991.
Los Angeles County fees for pro hac vice application: Five hundred dollars ($500) plus an annual renewal fee of Five hundred dollars ($500).
Central District of California Local Rules Regarding Pro Hac Vice Practice, e.g., Local Counsel
L.R. 83-2.1.3 Pro Hac Vice Practice
L.R. 83-2.1.3.1 Who May Apply for Permission to Practice Pro Hac Vice
An attorney who is not a member of the State Bar of California may apply for permission to appear pro hac vice in a particular case in this Court if the attorney:
(a) is a member in good standing of, and eligible to practice before, the bar of any United States Court, or of the highest court of any State, Territory, or Insular Possession of the United States;
(b) is of good moral character;
(c) has been retained to appear before this Court; and
(d) is not disqualified under L.R. 83-2.1.3.2.
L.R. 83-2.1.3.2 Disqualification from Pro Hac Vice Appearance.
Unless authorized by the Constitution of the United States or Acts of Congress, an applicant is not eligible for permission to practice pro hac vice if the applicant:
(a) resides in California;
(b) is regularly employed in California; or
(c) is regularly engaged in business, professional, or other similar activities in California.
L.R. 83-2.1.3.3 How to Apply for Permission to Appear
(a) Each applicant for permission to appear pro hac vice must complete an Application of Non-Resident Attorney to Appear in a Specific Case (Form G-64, available on the Court’s website), which must include:
(1) certification that the applicant is familiar with the Court’s Local Civil and Criminal Rules and with the Federal Rules of Civil Procedure, Criminal Procedure, and Evidence;
(2) identification of Local Counsel as required by L.R. 83-2.1.3.4; and
(3) a list of all pro hac vice applications made to this Court in the previous three years.
(b) The completed Application of Non-Resident Attorney to Appear in a Specific Case must be electronically filed by the identified Local Counsel in each case in which the applicant seeks to appear, together with the following:
(1) a separate proposed Order;
(2) the pro hac vice fee set by General Order of the Court; and
(3) a Certificate of Good Standing from each state bar in which the applicant is a member, issued no more than 30 days before filing the Application of Non-Resident Attorney to Appear in a Specific Case.
(c) Approval of the applicant’s pro hac vice application will be at the discretion of the assigned judge in each case in which an application is submitted.
By practicing in this Court, the registered pro hac vice attorney submits to the disciplinary authority of the Central District of California.
L.R. 83-2.1.3.3 amended, effective 6/1/2020. 6/1/2020 Chapter I – 101
L.R. 83-2.1.3.4 Designation of Local Counsel.
Every attorney seeking to appear pro hac vice must designate as Local Counsel an attorney with whom the Court and opposing counsel may readily communicate regarding the conduct of the case and upon whom documents may be served. An attorney may be designated as Local Counsel only if he or she: (1) is a member of the Bar of this Court and (2) maintains an office within the District for the practice of law, in which the attorney is physically present on a regular basis to conduct business.
L.R. 83-2.1.3.5 Designation of Co-Counsel.
A judge to whom a case is assigned may, in the exercise of discretion, require the designation of an attorney who is a member of the Bar of this Court and who maintains an office within the District as co-counsel with authority to act as attorney of record for all purposes.
All organizations must be represented by attorneys.
L.R. 83-2.2.2 Organizations.
Only individuals may represent themselves pro se. No organization or entity of any other kind (including corporations, limited liability corporations, partnerships, limited liability partnerships, unincorporated associations, trusts) may appear in any action or proceeding unless represented by an attorney permitted to practice before this Court under L.R. 83-2.1.
Out of State Attorney Arbitration Counsel (California Arbitration Counsel)
An attorney who wants to provide legal help as arbitration counsel in California, but does not have a State Bar of California license can still serve as long as he or she applies to the Out-of-State Attorney Arbitration Counsel (OSAAC) program.
Lawyers must be in good standing and eligible to practice before another United States bar. If an attorney lives in California, he or she is not eligible for the program.
To apply to the OSAAC program, an attorney must comply with Code of Civil Procedure section 1282.4. Under this law, an out-of state attorney may apply to become an OSAAC if he/she is not a resident of the State of California and is a member in good standing in the jurisdiction to which he/she has been admitted. The out-of-state attorney must provide the name and address of the California attorney of record and to disclose the title of the court in which the out-of-state attorney has applied to appear pro hac vice and OSAAC within the preceding two years. The out-of-state attorney must file a Certificate with the arbitral panel and serve a copy on the State Bar of California. The State Bar is considered the custodian of records for OSAAC applications and does not approve or disapprove the OSAAC certificates. Approval of the certificate is determined by the arbitrator or arbitral panel to which the application is being made.
It is up to the arbitral panel to approve of the out of state attorney.
The state bar charges a $50 filing fee per application.
D. Joshua Staub
As a Los Angeles lawyer, we accept referrals from out of state, or foreign counsel, and have experience handling a broad array of litigation involving claims for breach of contract, collections, fraud, probate and trust, unfair competition, and wage disputes for both plaintiffs, and defendants in Southern California courts including the Los Angeles County Superior Court, Orange County Superior Court, and the U.S. District Court for the Central District of California. To practice before California courts, or the U.S. District Court for the Central District of California, an attorney not admitted to either of those bars, must associate local counsel in the Central District of California or the California courts. This firm’s office is located in Los Angeles, California within the Central District of California.
California Rules Regarding Pro Hac Vice Practice, e.g., Local Counsel
Rule 9.40. Counsel pro hac vice
(a) Eligibility
A person who is not a licensee of the State Bar of California but who is an attorney in good standing of and eligible to practice before the bar of any United States court or the highest court in any state, territory, or insular possession of the United States, and who has been retained to appear in a particular cause pending in a court of this state, may in the discretion of such court be permitted upon written application to appear as counsel pro hac vice, provided that an active licensee of the State Bar of California is associated as attorney of record. No person is eligible to appear as counsel pro hac vice under this rule if the person is:
(1) A resident of the State of California;
(2) Regularly employed in the State of California; or
(3) Regularly engaged in substantial business, professional, or other activities in the State of California.
(Subd (a) amended effective January 1, 2019; previously amended effective January 1, 2007.)
(b) Repeated appearances as a cause for denial
Absent special circumstances, repeated appearances by any person under this rule is a cause for denial of an application.
(Subd (b) lettered effective January 1, 2007; adopted as part of subd (a) effective September 13, 1972.)
(c) Application
(1) Application in superior court
A person desiring to appear as counsel pro hac vice in a superior court must file with the court a verified application together with proof of service by mail in accordance with Code of Civil Procedure section 1013a of a copy of the application and of the notice of hearing of the application on all parties who have appeared in the cause and on the State Bar of California at its San Francisco office. The notice of hearing must be given at the time prescribed in Code of Civil Procedure section 1005 unless the court has prescribed a shorter period.
(2) Application in Supreme Court or Court of Appeal
An application to appear as counsel pro hac vice in the Supreme Court or a Court of Appeal must be made as provided in rule 8.54, with proof of service on all parties who have appeared in the cause and on the State Bar of California at its San Francisco office.
(Subd (c) amended and relettered effective January 1, 2007; adopted as part of subd (b) effective September 13, 1972; subd (b) previously amended effective October 3, 1973, September 3, 1986, January 17, 1991, and March 15, 1991.)
(d) Contents of application
The application must state:
(1) The applicant’s residence and office address;
(2) The courts to which the applicant has been admitted to practice and the dates of admission;
(3) That the applicant is a licensee in good standing in those courts;
(4) That the applicant is not currently suspended or disbarred in any court;
(5) The title of each court and cause in which the applicant has filed an application to appear as counsel pro hac vice in this state in the preceding two years, the date of each application, and whether or not it was granted; and
(6) The name, address, and telephone number of the active licensee of the State Bar of California who is attorney of record.
(Subd (d) amended effective January 1, 2019; adopted as part of subd (b) effective September 13, 1972; subd (b) previously amended effective October 3, 1973, September 3, 1986, January 17, 1991, and March 15, 1991; previously amended and lettered effective January 1, 2007.)
(e) Fee for application
An applicant for permission to appear as counsel pro hac vice under this rule must pay a reasonable fee not exceeding $50 to the State Bar of California with the copy of the application and the notice of hearing that is served on the State Bar. The Board of Trustees of the State Bar of California will fix the amount of the fee:
(1) To defray the expenses of administering the provisions of this rule that are applicable to the State Bar and the incidental consequences resulting from such provisions; and
(2) Partially to defray the expenses of administering the Board’s other responsibilities to enforce the provisions of the State Bar Act relating to the competent delivery of legal services and the incidental consequences resulting therefrom.
(Subd (e) amended effective January 1, 2019; adopted as subd (c) effective September 3, 1986; previously amended and relettered effective January 1, 2007.)
(f) Counsel pro hac vice subject to jurisdiction of courts and State Bar
A person permitted to appear as counsel pro hac vice under this rule is subject to the jurisdiction of the courts of this state with respect to the law of this state governing the conduct of attorneys to the same extent as a licensee of the State Bar of California. The counsel pro hac vice must familiarize himself or herself and comply with the standards of professional conduct required of licensees of the State Bar of California and will be subject to the disciplinary jurisdiction of the State Bar with respect to any of his or her acts occurring in the course of such appearance. Article 5 of chapter 4, division 3.of the Business and Professions Code and the Rules of Procedure of the State Bar govern in any investigation or proceeding conducted by the State Bar under this rule.
(Subd (f) amended effective January 1, 2019; previously relettered as subd (d) effective September 3, 1986; previously amended and relettered effective January 1, 2007.)
(g) Representation in cases governed by the Indian Child Welfare Act (25 U.S.C. § 1903 et seq.)
(1) The requirement in (a) that the applicant associate with an active licensee of the State Bar of California does not apply to an applicant seeking to appear in a California court to represent an Indian tribe in a child custody proceeding governed by the Indian Child Welfare Act; and
(2) An applicant seeking to appear in a California court to represent an Indian tribe in a child custody proceeding governed by the Indian Child Welfare Act constitutes a special circumstance for the purposes of the restriction in (b) that an application may be denied because of repeated appearances.
(Subd (g) adopted effective January 1, 2019.)
(h) Supreme Court and Court of Appeal not precluded from permitting argument in a particular case
This rule does not preclude the Supreme Court or a Court of Appeal from permitting argument in a particular case from a person who is not a licensee of the State Bar, but who is licensed to practice in another jurisdiction and who possesses special expertise in the particular field affected by the proceeding.
(Subd (h) amended and relettered effective January 1, 2007; previously relettered as subd (e) effective September 3, 1986; previously amended and relettered as subd (g) effective January 1, 2007.)
Rule 9.40 amended effective January 1, 2019; adopted as rule 983 by the Supreme Court effective September 13, 1972; previously amended and renumbered effective January 1, 2007; previously amended effective October 3, 1973, September 3, 1986, January 17, 1991, and March 15, 1991.
Los Angeles County fees for pro hac vice application: Five hundred dollars ($500) plus an annual renewal fee of Five hundred dollars ($500).
Central District of California Local Rules Regarding Pro Hac Vice Practice, e.g., Local Counsel
L.R. 83-2.1.3 Pro Hac Vice Practice
L.R. 83-2.1.3.1 Who May Apply for Permission to Practice Pro Hac Vice
An attorney who is not a member of the State Bar of California may apply for permission to appear pro hac vice in a particular case in this Court if the attorney:
(a) is a member in good standing of, and eligible to practice before, the bar of any United States Court, or of the highest court of any State, Territory, or Insular Possession of the United States;
(b) is of good moral character;
(c) has been retained to appear before this Court; and
(d) is not disqualified under L.R. 83-2.1.3.2.
L.R. 83-2.1.3.2 Disqualification from Pro Hac Vice Appearance.
Unless authorized by the Constitution of the United States or Acts of Congress, an applicant is not eligible for permission to practice pro hac vice if the applicant:
(a) resides in California;
(b) is regularly employed in California; or
(c) is regularly engaged in business, professional, or other similar activities in California.
L.R. 83-2.1.3.3 How to Apply for Permission to Appear
(a) Each applicant for permission to appear pro hac vice must complete an Application of Non-Resident Attorney to Appear in a Specific Case (Form G-64, available on the Court’s website), which must include:
(1) certification that the applicant is familiar with the Court’s Local Civil and Criminal Rules and with the Federal Rules of Civil Procedure, Criminal Procedure, and Evidence;
(2) identification of Local Counsel as required by L.R. 83-2.1.3.4; and
(3) a list of all pro hac vice applications made to this Court in the previous three years.
(b) The completed Application of Non-Resident Attorney to Appear in a Specific Case must be electronically filed by the identified Local Counsel in each case in which the applicant seeks to appear, together with the following:
(1) a separate proposed Order;
(2) the pro hac vice fee set by General Order of the Court; and
(3) a Certificate of Good Standing from each state bar in which the applicant is a member, issued no more than 30 days before filing the Application of Non-Resident Attorney to Appear in a Specific Case.
(c) Approval of the applicant’s pro hac vice application will be at the discretion of the assigned judge in each case in which an application is submitted.
By practicing in this Court, the registered pro hac vice attorney submits to the disciplinary authority of the Central District of California.
L.R. 83-2.1.3.3 amended, effective 6/1/2020. 6/1/2020 Chapter I – 101
L.R. 83-2.1.3.4 Designation of Local Counsel.
Every attorney seeking to appear pro hac vice must designate as Local Counsel an attorney with whom the Court and opposing counsel may readily communicate regarding the conduct of the case and upon whom documents may be served. An attorney may be designated as Local Counsel only if he or she: (1) is a member of the Bar of this Court and (2) maintains an office within the District for the practice of law, in which the attorney is physically present on a regular basis to conduct business.
L.R. 83-2.1.3.5 Designation of Co-Counsel.
A judge to whom a case is assigned may, in the exercise of discretion, require the designation of an attorney who is a member of the Bar of this Court and who maintains an office within the District as co-counsel with authority to act as attorney of record for all purposes.
All organizations must be represented by attorneys.
L.R. 83-2.2.2 Organizations.
Only individuals may represent themselves pro se. No organization or entity of any other kind (including corporations, limited liability corporations, partnerships, limited liability partnerships, unincorporated associations, trusts) may appear in any action or proceeding unless represented by an attorney permitted to practice before this Court under L.R. 83-2.1.
Out of State Attorney Arbitration Counsel (California Arbitration Counsel)
An attorney who wants to provide legal help as arbitration counsel in California, but does not have a State Bar of California license can still serve as long as he or she applies to the Out-of-State Attorney Arbitration Counsel (OSAAC) program.
Lawyers must be in good standing and eligible to practice before another United States bar. If an attorney lives in California, he or she is not eligible for the program.
To apply to the OSAAC program, an attorney must comply with Code of Civil Procedure section 1282.4. Under this law, an out-of state attorney may apply to become an OSAAC if he/she is not a resident of the State of California and is a member in good standing in the jurisdiction to which he/she has been admitted. The out-of-state attorney must provide the name and address of the California attorney of record and to disclose the title of the court in which the out-of-state attorney has applied to appear pro hac vice and OSAAC within the preceding two years. The out-of-state attorney must file a Certificate with the arbitral panel and serve a copy on the State Bar of California. The State Bar is considered the custodian of records for OSAAC applications and does not approve or disapprove the OSAAC certificates. Approval of the certificate is determined by the arbitrator or arbitral panel to which the application is being made.
It is up to the arbitral panel to approve of the out of state attorney.
The state bar charges a $50 filing fee per application.