Q: Dear Ethics Lawyer, I am a lawyer admitted in a couple of Midwestern states, representing a client in a state where I am licensed that has a dispute with an opposing party in a state where I am not licensed. For various reasons, if the case cannot be settled and the facts develop as I expect, we will most likely file suit in that other state, at which time I’ll get local counsel and get admitted pro hac vice. Until then, can I rely upon the temporary practice provisions of Model Rule 5.5 to attend a pre-litigation settlement meeting without local counsel, and to do some pre-suit investigation and witness interviews, either there or by zoom from a state where I am licensed?
Continue Reading December 16 Issue – Multijurisdictional Litigation PracticeThe twice-monthly “Dear Ethics Lawyer” column is part of a training regimen of the Legal Ethics Project, authored by Mark Hinderks, former managing partner and counsel to an AmLaw 200 firm. Read More
December 2024
December 2 Issue – Ethical Obligations – ex parte Hearings
By Mark Hinderks on
Q: Dear Ethics Lawyer, I filed suit for a client, among other things seeking interim relief in the form of a temporary restraining order. I gave notice to the defendant of an immediate hearing on the motion. They quickly engaged an attorney who came to the hearing, but knows nothing about the case yet. Do I have an obligation to inform the court and opposing counsel of material facts that run against my effort to secure a TRO, in making my argument at the hearing?
Continue Reading December 2 Issue – Ethical Obligations – ex parte Hearings