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Pro Hac Vice
For questions or additional information, contact Sean O'Connor at email@example.com or (406) 447-2204.
From the 2009 AMENDED RULES FOR ADMISSION TO THE BAR OF MONTANA
VI. PRO HAC VICE
F. The application will be reviewed by the Bar Admissions Administrator, who shall certify the number of prior appearances the applicant has been granted under Rule VI.C., whether the applicant has provided the required information, whether the applicant is in good standing in the other jurisdiction(s) where admitted, and whether Montana counsel is in good standing.
I. An attorney appearing pro hac vice under this Rule is subject to the jurisdiction of the Montana courts and agencies with respect to Montana law governing the conduct of attorneys to the same extent as an attorney admitted to practice in the courts of this state. The attorney appearing pro hac vice shall comply with the Montana Rules of Professional Conduct and is subject to the disciplinary jurisdiction of the Montana Supreme Court. The court or agency in which an attorney is appearing pro hac vice or the Montana Supreme Court may, for violations of Montana law, the Montana Rules of Professional Conduct, Rules for Admission to the Bar of Montana, or orders of the court, withdraw its permission for an attorney to appear pro hac vice.
J. Montana attorneys of record shall sign all pleadings, motions, and briefs and participate actively in all phases of the case, including, but not limited to attendance at depositions and court or agency proceedings, preparation of discovery responses and briefs, and all other activities necessary to be prepared to go forward with the case at all times. A district court or agency, upon motion by local counsel, may waive this Rule based upon a showing of extraordinary circumstances. Upon waiver of the Rule by the district court or agency, all papers subsequently filed shall be signed by counsel actively involved in the case. Such a waiver is not to be routinely granted.
K. Attorneys admitted pro hac vice shall continue to pay annual dues and fees as provided in Rule I.G.6. while the case is pending.
>Pro Hac Vice Application Form (Allow 5 working days for processing)
How to I file for pro hac vice and what is the fee?
An application needs to be sent along with $495 per attorney to the
State Bar of Montana. Attorneys admitted pro hac vice will continue to
pay annual dues and fees each year for the term of the Montana
litigation or until such time that the State Bar of Montana is advised
that the attorney has withdrawn from representation. However, for a
lawyer who is appearing pro bono as defined under Rule 6.1 of the Rules
of Professional Conduct, the pro hac vice fee shall be a one-time-only
fee equal to the amount paid annually by active members of the Montana
What is the process after you receive my application?
The rules above and the application will provide more information. The
Bar will then verify that all attorneys are in good standing in the
states they’re currently licensed and the number of appearances had by
the attorney and their firm. Letters will be mailed to the attorneys and
the clerk advising of the status of this information. Local counsel will file a motion for the applicant to appear. (The State Bar
does not approve or deny applications, as that is up to the discretion
of the court hearing the matter.)
What do I file with the Court?
In most courts, the local counsel vice will need to file a motion and proposed order; the court will grant or deny the appearance. (The clerk of court will notify the State Bar whether the court approved or denied the appearance.)
Will I be reminded when the annual assessment is due each year?
Yes, the Bar will send an invoice to each pro hac vice attorney until we’re notified that the matter has been settled or closed. The invoice will show the amount of the dues and fees payable.
Do I need to file an application if my case is in federal court?
No. For information about filing pro hac vice in the US Courts in Montana, please go to their website at http://www.mtd.uscourts.gov.
Payment of Dues when case is stayed
A lawyer who has been admitted pro hac vice under the Bar admission rules continues under that status until the conclusion of the legal matter for which she or he has been admitted—unless the lawyer properly withdraws before the conclusion of the case. There is no exception regarding the procedural posture of the case.
What is the procedure if local counsel withdraws who is supervising an attorney appearing pro hac vice?
The Court has a great amount of latitude whether to allow withdrawal of local counsel and assumption of not only the case by new counsel, but the duties of local counsel to supervise the pro hac attorney. Rule J of the Pro Hac Vice Rules state as follows: "Montana attorneys of record shall sign all pleadings, motions and briefs and participate actively in all phases of the case, including, but not limited to, attendance at depositions and court or agency proceedings, preparation of discovery responses and briefs and all other activities necessary to be prepared to go forward with the case at all times. A district court or agency, upon motion by local counsel, may waive this rule based upon a showing of extraordinary circumstances. Upon waiver of the rule by the district court or agency, all papers subsequently filed shall be signed by counsel actively involved in the case. Such a waiver is not to be routinely granted."
Therefore, an attorney admitted pro hac vice may not continue in a case without local counsel associated to fully participate as cited in the rule above absent a "showing of extreme circumstances". Upon filing of a motion to substitute counsel or a motion to withdraw, the new counsel will need to notify the State Bar of Montana, in writing, that he will be assuming duties of local counsel and the responsibility to oversee the pro hac vice attorney. The Bar will then verify the good standing of local counsel and send the court and attorney a letter verifying the new local counsel’s status and substitution for previous counsel. It’s then up to the court to grant or deny the substitution.
Amicus Filings Out of state counsel is required to associate with local counsel and to file pro hac vice if they’re filing an amicus brief.