Pro Hac Vice in Connecticut, Part 2
Alright, you have read part one of our post and you have made the decision to apply for admission pro hac vice in Connecticut, you understand the basic mechanics and the costs/fees involved, are you prepared to make the case for your admission? Conn. Prac. Bk. §2-16 sets for a high standard: “upon special and infrequent occasion and for good cause shown.” That said, what other requirements are lurking in Section 2-16? Truth be told, lots!
The Affidavit of the Applicant
Every motion for admission must be accompanied by the affidavit of the applicant for admission pro hac vice. The initial requirements are unsurprising. The bulk of the averments establish the applicant’s history of professional misconduct, if any and submission to the judicial branch for professional regulation while appearing in Connecticut. The applicant must certifying whether such applicant has a grievance pending against him or her in any other jurisdiction, has ever been reprimanded, suspended, placed on inactive status, disbarred, or otherwise disciplined, or has ever resigned from the practice of law and, if so, setting forth the circumstances concerning such action. See Conn. Prac Bk. §2-16(1)(a).
The applicant must certify payment of the client security fund fee (Conn. Prac. Bk. §2-16(1)(b), designate the chief clerk as agent for service of process, (Conn. Prac. Bk. §2-16(1)(c)), and agree to register with the statewide grievance committee, (Conn. Prac. Bk. §2-16(1)(d)), including for two years after the completion of the matter in which the attorney appeared, and to notify the statewide grievance committee of the expiration of the two year period,Conn. Prac. Bk. §2-16(1)(d).
Under oath, the applicant must aver the number times the attorney has appeared pro hac vice in Connecticut in any manner, listing each such case or proceeding by name and docket number, as applicable, and providing any previously assigned juris number. See Conn. Prac. Bk. §2-16(1)(e) & (f). This is a double-edged sword – recall the standard for admission, upon special and infrequent occasion and for good cause shown.”
Other Information Necessary in Support of the Application.
Initially,Conn. Prac. Bk. §2-16 gives us precious little to inform what “upon special and infrequent occasion and for good cause shown” means to the presiding judge. Certainly, the applicant’s affidavit should include facts to support the following explanation of Good Cause from Conn. Prac. Bk. §2-16:
Good cause for according [admission pro hac vice] shall be limited to facts or circumstances affecting the personal or financial welfare of the client and not the attorney. Such facts may include a showing that by reason of a longstanding attorney-client relationship predating the cause of action or subject matter of the litigation at bar, or proceeding, the attorney has acquired a specialized skill or knowledge with respect to the client’s affairs important to the trial of the cause or presentation of the proceeding, or that the litigant is unable to secure the services of Connecticut counsel.
Boilerplate recitation of the above quotation from Conn. Prac. Bk. §2-16 in any applicant for admission will likely result in the prompt denial by the judicial authority. The visiting attorney’s affidavit should provide specific facts that support each element of good cause. Merely claiming a long-standing relationship may not be enough to guarantee admission. Keep in mind, nothing herein would prevent an affidavit from the client setting forth specific facts supporting admission. In marked contrast to the admission pro hac vice in federal court, Connecticut’s Judges jealously guard admission to appear pro hac vice. You should be prepared to justify your admission in detail.
QUESTIONS?
If you have a question about appearing pro hac vice in state court or federal court in Connecticut, local counsel services, or appearing as a visiting lawyer before a state agency or in an arbitration proceeding, please feel free to call Attorney John Radshaw in New Haven today at (203) 654-9695. For more information about Attorney Radshaw and his practice, visit www.jjr-esq.com.