Does your attorney have to be local?

While having a local lawyer may have certain advantages, it's not a legal requirement. The key is to find someone who is licensed in your state and who you can trust to effectively handle your case. Lawyers who want to practice law in a particular state must meet the requirements established by that state's regulatory authority, which generally include passing that state's bar exam, obtaining a law degree from an accredited law school, and meeting other ethical and professional standards. It is up to the local court to grant an attorney from another state a limited admission to appear on behalf of their client.

Technologies have expanded access to your lawyer not only through in-person visits and phone calls, but also through video conferencing and meetings. While an attorney licensed to practice law in one state may represent clients in another state on a temporary or limited basis, working with an attorney licensed to practice in the state where you file the lawsuit has obvious benefits. It's worth noting that some attorneys are licensed to practice law in multiple states, allowing them to represent clients in many different locations. The amount of compensation for extraordinary services is subject to the court's discretion as to what is fair and reasonable and is generally determined based on where the court is located, its rules of practice and not the attorney's address.

Many jurisdictions have strict rules governing the MJP to ensure that attorneys who are not licensed in a particular jurisdiction comply with all applicable laws. As part of this process, the lawyer from another state must have an attorney from the state willing to work with him. The local court can also decide whether additional compensation for the “extraordinary services” provided by the lawyer is just and reasonable. You should not use this information as a substitute for legal advice from an attorney licensed in your state. You may prefer to exchange documents by giving them to your lawyer rather than sending or receiving them by mail or email.

Once an attorney is licensed to practice law in a particular state, they are subject to that state's rules and regulations that govern the practice of law. Usually, the client or attorney must pay a fee to the bar association of the state where the case is being filed and a court filing fee for the pro hac vice petition or motion. It's important to note that the scope of practice of a person with a limited practice certificate is significantly more limited than that of a licensed attorney. It applies to lawyers who attempt to practice law in states where they are not legally authorized and to non-lawyers who act as licensed attorneys.

Dawn Launiere
Dawn Launiere

Amateur beer evangelist. Professional bacon aficionado. Total social media maven. Typical travel fan. Social media junkie.