The New York Sponsoring Affidavit (Pro HAC Vice) is a document that is used when an attorney from another jurisdiction seeks to be admitted to practice law in the state of New York for a particular case or proceeding. This document must be signed by a qualified New York attorney who will serve as the sponsoring attorney for the out-of-state attorney. It must include a certification that the out-of-state attorney has the qualifications and character to practice in New York and is familiar with the New York Rules of Professional Conduct. The New York Sponsoring Affidavit is typically used by attorneys who have been admitted in another jurisdiction, but are not admitted to practice law in New York. There are two types of New York Sponsoring Affidavits (Pro HAC Vice): an admission with limited scope and an admission with full scope. When an attorney is admitted with limited scope, they are only allowed to practice in the specific case or proceeding for which the affidavit was filed, while an attorney admitted with full scope is allowed to practice in all cases or proceedings in the state of New York.
New York Sponsoring Affidavit (Pro Hac Vice)
Description
Key Concepts & Definitions
Sponsoring Affidavit Pro Hac Vice: A legal affidavit filed by an attorney in good standing from another jurisdiction seeking permission to represent a client in a particular state for a specific case. This affidavit is usually supported by a local attorney who sponsors the foreign attorney's temporary admission.
Electronic Filing (E-filing): The submission of legal documents electronically, which is now mandatory in several jurisdictions, including New York. This method simplifies the process of handling legal documents related to admission pro hac vice and other legal proceedings.
Step-by-Step Guide to Filing a Sponsoring Affidavit Pro Hac Vice
- Contact a Local Lawyer: Look up a profound attorney from the lawyers directory who can sponsor the application. The sponsoring attorney must be in good standing in the jurisdiction where the case is filed.
- Prepare the Affidavit: Draft an affidavit detailing the foreign lawyers qualifications, jurisdiction of good standing, and reasons for seeking admission pro hac vice.
- E-filing Documents: Utilize the electronic filing systems such as those in New York to submit the pro hac vice request and accompanying documents for a civil case or family law matter.
- Ensure Attorneys Confidentiality: Safeguard all sensitive information throughout the process in compliance with attorneys' confidentiality obligations.
Risk Analysis
Risks Involved:
- Filing inaccuracies can result in delays or denial of the application.
- Failure to establish the sponsoring attorneys good standing might compromise the entire application.
- Inadequate understanding of e-filing procedures can lead to file rejections.
Common Mistakes & How to Avoid Them
- Lack of Documentation: Ensure all required documents are meticulously prepared and reviewed.
- Incomplete E-filing: Double-check all filed documents for completeness and accuracy before submission.
- Unverified Attorney Status: Verify the sponsoring and foreign lawyers status through official directories or contact the relevant lawyers associations.
Real-World Applications
In 2021, a notable case in New York saw an attorney from California successfully represent a high-profile client in a family law dispute by filing a sponsoring affidavit pro hac vice, demonstrating effective use of cross-state legal representation.
FAQ
Q: How long does it take to obtain approval for a pro hac vice application in New York?
A: Typically, it takes 2-3 weeks, but times can vary based on court workload and accuracy of the submitted documents.
Q: Can any lawyer from another state file an application pro hac vice?
A: No, only those in good standing and with a sponsor from the local state can apply.
How to fill out New York Sponsoring Affidavit (Pro Hac Vice)?
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FAQ
How much is the fee? The fee is $355 per case for attorneys who seek pro hac vice admission in the Superior Court, Land Court, or any appellate court (not including the Appellate Division of the District Court or of the Boston Municipal Court).
There is no requirement in SDNY or EDNY to associate local counsel. However, it is certainly a good idea. Unlike in U.S. Bankruptcy Court. in SDNY and EDNY most District Court Judges and Magistrate Judges do not routinely permit counsel to appear by telephone.