A lawyer from another state can represent you in many situations, but being licensed in one U.S. state does not automatically give an attorney the right to practice law in every other state. An out-of-state lawyer may need special court permission, admission pro hac vice, association with a locally licensed attorney, or separate admission to the particular federal court handling the case.
The answer depends largely on what legal work the attorney will perform, where the case is located, and whether the matter involves state or federal law.
Why Can’t a Lawyer Automatically Practice in Every State?
Attorney licensing in the United States is primarily controlled by individual states.
A lawyer admitted in Texas is authorized to practice Texas law, but that Texas license alone does not generally allow the attorney to establish a regular Florida practice or appear routinely in Florida state courts.
Each jurisdiction establishes its own rules concerning:
- Bar admission
- Character and fitness
- Attorney registration
- Professional conduct
- Continuing legal education
- Trust accounts
- Court appearances
Rules governing multistate legal practice are designed partly to ensure that lawyers handling local matters understand the laws and procedures of the jurisdiction involved.
What Is Pro Hac Vice Admission?
Pro hac vice is one of the most common ways an out-of-state lawyer can represent a client in a particular court case.
The Latin term essentially means “for this occasion.”
Suppose you have a lawsuit in Georgia but want to use an experienced lawyer who is licensed in New York. The New York lawyer may be able to apply to the Georgia court for permission to participate in that specific case.
Requirements vary, but the lawyer commonly must:
- Be licensed and in good standing elsewhere
- File an application or motion
- Pay the required fee
- Disclose disciplinary history
- Agree to follow the local court’s rules
- Associate with a lawyer licensed in the state
The judge ultimately decides whether to grant the request.
Pro hac vice admission normally applies only to the particular case. It does not make the lawyer a full member of that state’s bar.
Will You Need a Local Lawyer Too?
A local lawyer is often required when an out-of-state attorney appears pro hac vice.
The local attorney may be required to:
- Enter an appearance in the case
- Sign court filings
- Attend hearings
- Remain responsible for compliance with local rules
- Communicate with the court
- Assist the visiting attorney with local procedure
The exact level of participation differs among courts.
This means hiring your preferred out-of-state lawyer can sometimes increase legal costs because both the visiting lawyer and local counsel may be involved.
Can an Out-of-State Lawyer Give You Legal Advice?
An out-of-state attorney may sometimes provide legal services temporarily without obtaining full admission to the state’s bar.
Under widely followed multijurisdictional-practice principles, temporary legal work may be permissible when it is reasonably connected to the lawyer’s existing practice or when the lawyer works together with locally admitted counsel.
Examples could include:
- Negotiating a transaction involving several states
- Interviewing witnesses
- Preparing for litigation
- Working with local counsel
- Participating in certain arbitration or mediation matters
- Advising on the law of the state where the lawyer is licensed
The lawyer cannot use these limited exceptions to establish a permanent law practice in a state where the lawyer is not admitted.
Can an Out-of-State Lawyer Handle a Personal Injury Case?
An attorney from another state may represent you in a personal injury case if the applicable licensing and court requirements are satisfied.
This happens regularly in significant accident, product-liability, medical-malpractice, and mass-tort litigation.
For example, a nationally known trial lawyer may be retained for a major case in another state and then work alongside local counsel.
The out-of-state attorney may seek pro hac vice admission if a lawsuit is filed.
Personal injury law can be highly state-specific because states have different rules concerning:
- Statutes of limitations
- Comparative negligence
- Insurance claims
- Damage limitations
- Medical malpractice
- Wrongful death
Having a lawyer familiar with the state’s substantive law remains important even when national counsel is involved.
Can an Out-of-State Lawyer Represent You in a Criminal Case?
An out-of-state criminal-defense lawyer may be able to represent a defendant after obtaining the required court authorization.
Pro hac vice admission is frequently the relevant procedure.
Criminal cases can make local counsel particularly valuable because state criminal statutes, sentencing rules, court procedures, prosecutors’ practices, and local court requirements vary significantly.
A defendant should make sure the attorney is actually authorized to appear before relying on the lawyer to handle the case.
Can an Out-of-State Lawyer Handle Your Divorce?
An attorney who is not licensed in the state where the divorce is filed generally cannot simply appear as counsel without proper authorization.
Family law is heavily controlled by individual state law.
Issues such as:
- Property division
- Alimony
- Child custody
- Child support
- Marital property
- Court procedure
can differ considerably among states.
An attorney from another state might participate with local counsel or seek pro hac vice admission where permitted, but hiring a lawyer who regularly practices in the divorce jurisdiction can often be more practical.
What If the Case Is in Federal Court?
Federal court admission is separate from state court admission.
A lawyer does not necessarily gain the right to practice in every federal court simply by being admitted to one state bar.
Each federal district and appellate court has its own attorney-admission requirements.
Some federal courts allow attorneys licensed and in good standing in any U.S. jurisdiction to apply for admission. Others impose additional requirements or require certain connections with the state bar.
An attorney may therefore be licensed in California but separately admitted to practice before federal courts in several other states.
The lawyer should verify admission to the specific federal court handling your case.
Can a Lawyer Practice Federal Law Across State Lines?
Certain federal practices can provide lawyers greater ability to represent clients across state boundaries.
Examples may include some matters involving:
- Immigration
- Federal taxation
- Social Security
- Veterans’ benefits
- Federal administrative agencies
- Patent matters
Federal agencies and tribunals establish their own rules concerning who may represent clients before them.
For example, an immigration attorney licensed in one state may often represent clients located throughout the country in matters governed by federal immigration law.
That does not mean the same attorney can provide unrestricted advice about another state’s divorce, real-estate, or criminal laws.
Can Your Regular Lawyer Continue Helping If You Move to Another State?
Your existing lawyer may be able to continue handling certain matters after you relocate, particularly when the legal matter remains connected to the state where the attorney is licensed.
Suppose a New York attorney is already handling your New York contract dispute and you later move to Pennsylvania. Your move does not necessarily require you to replace the attorney because the underlying legal matter remains in New York.
The situation changes if you ask that lawyer to handle an unrelated Pennsylvania real-estate dispute. A New York license alone may not authorize the lawyer to take on the new Pennsylvania matter.
The client’s physical location therefore does not by itself determine whether representation is permitted.
Can a Lawyer Work Remotely From Another State?
Remote legal work has made state licensing questions more complicated.
A lawyer may sometimes physically live or work from one state while representing clients in a state where the lawyer is licensed.
The attorney must be careful not to create the impression that they are authorized to practice the host state’s law if they are not.
Issues can arise if the lawyer:
- Advertises as a local attorney
- Opens a local office
- Regularly accepts local state-law matters
- Represents that they are licensed locally
- Establishes a continuous practice prohibited by local rules
Remote technology does not eliminate state bar requirements.
Can an Out-of-State Lawyer Negotiate a Settlement for You?
An out-of-state lawyer may sometimes participate in settlement negotiations when the work is properly connected to an authorized representation.
For example, a lawyer admitted pro hac vice in a lawsuit may obviously participate in settlement discussions relating to that case.
A lawyer working with local counsel may also take an active role in negotiations where the jurisdiction’s rules permit it.
Problems arise when an attorney who has no authorization begins regularly representing people in local legal disputes and attempts to characterize the practice as merely “negotiation.”
Whether the activity constitutes the practice of law depends on state law and the circumstances.
What Happens If an Out-of-State Lawyer Represents You Without Permission?
Unauthorized practice can have serious consequences for the attorney.
Possible consequences include:
- Removal from the case
- Court sanctions
- Professional discipline
- Loss of legal fees
- Referral to another state’s disciplinary authority
- Denial of future pro hac vice applications
It can also cause problems for the client if filings or court appearances are challenged.
Before hiring an out-of-state attorney for a state-specific matter, ask exactly how the lawyer will be authorized to represent you.
What Should You Ask an Out-of-State Lawyer Before Hiring Them?
Useful questions include:
- Are you licensed in the state where my case is located?
- Will you need pro hac vice admission?
- Do I also need local counsel?
- Who will actually appear in court?
- Will I be billed separately for local counsel?
- Have you previously handled cases in this jurisdiction?
- Are you admitted to the federal court involved in my case?
The answers can help you understand both the legal arrangement and the total cost of representation.
Frequently Asked Questions
Q1. Can I hire any lawyer in the United States if I am willing to pay them?
You can choose an attorney from another state, but payment does not give that attorney permission to practice where they are not authorized. The lawyer must comply with the licensing and court rules governing your particular matter.
Q2. Does pro hac vice admission make my lawyer permanently licensed in the state?
Pro hac vice admission normally allows the lawyer to participate only in the particular case for which permission was granted. The attorney does not become a regular member of that state’s bar.
Q3. Can an out-of-state lawyer represent me without ever coming to my state?
Remote representation can sometimes be permitted, depending on the type of legal matter and applicable professional rules. Conducting all meetings by phone or video does not by itself eliminate licensing restrictions.
Q4. Can my out-of-state lawyer choose the local attorney?
The out-of-state attorney will often have relationships with lawyers who can serve as local counsel, but you should understand who is being retained, what that attorney will do, and how both lawyers will be paid before agreeing to the arrangement.
