Rule 3.170.Association of Out-of-state Counsel (pro Hac Vice)

This is the pro hac vice rule, and it is adopted by the Oregon Supreme Court under ORS 9.241, which means only that court can change it. An attorney authorized to practice before the highest court of record in any state or country may appear here on meeting a list of conditions. The attorney shows good standing in that other jurisdiction. The attorney certifies either that no disciplinary proceeding is pending anywhere or, if one is, describes its nature and status. The attorney associates with a local attorney, meaning an active Oregon State Bar licensee in good standing, who must participate meaningfully in the matter rather than lend a name. The attorney certifies that they will comply with Oregon statutes, law, and procedural rules, know and follow the Bar's disciplinary rules, and submit to the jurisdiction of the Oregon courts and the Bar for acts and omissions during the admission. An attorney who will engage in the private practice of law here provides a certificate of professional liability insurance substantially equivalent to the Bar's Professional Liability Fund plan, and agrees as a continuing obligation to report any change in insurance or status.

The route depends on where the appearance will be. For a court appearance, the information goes to the Oregon State Bar on its own form, together with the fee. The Bar acknowledges receipt, may attach copies or comments on the submitted material it thinks a court should see, and the local attorney then files that acknowledgment with a motion, signed by the local attorney, asking the court to grant the application. The court may treat the Bar's acknowledgment as confirmation that everything required was submitted and paid. The Bar keeps its records available to a court on request for two years, or longer if that suits its administration. For an appearance before an administrative body, the application goes to that agency's administrator or designee under the agency's own procedures, and the agency's records are available to the Bar on the same two-year footing.

The decision belongs to the court or the administrative body, and the rule frames it as a grant by order when the requirements are met, unless good cause shows that granting it would not serve the best interest of the court or body or the parties. Permission can be revoked at any time on good cause. Each time an application is granted or a permission revoked, the local attorney must notify the Bar in the manner and within the time the Bar sets. The Bar and administrative bodies may use electronic means for these steps, with limits: the Bar needs the State Court Administrator's approval before providing acknowledgments to courts electronically, and an agency needs the Bar's approval before notifying it electronically.

Watch the scope and the money. A grant covers that individual attorney in all proceedings of a single case occurring within a year after the application is granted. Applications are not granted to firms. A second out-of-state attorney, a different matter, or an appearance after the year runs out each needs its own application and approval, though the Bar or an agency may use abbreviated procedures to avoid duplicate submissions. The fee for a court appearance is $750, paid to the Bar when the information is submitted, including on a renewal at the end of a one-year grant, and it is not refundable. No fee applies to an application for an appearance before an administrative body. An applicant employed by a government body who will represent it in an official capacity pays no fee. And an applicant appearing for the limited purpose of a child custody proceeding under the Indian Child Welfare Act and the Oregon Indian Child Welfare Act, who represents an Indian tribe, parent, or Indian custodian, where a tribe has affirmed the child's eligibility for membership or citizenship, pays no fee and need not associate local counsel.