Rules - 8.126, 9.108, State Bar Rule 15
Effective - September 1, 2008
Added and amended provisions for temporary admission of attorneys admitted elsewhere (pro hac vice), payment of bar dues and fees, and disciplinary action.
A new Rule 8.126 was added:
Rule 8.126 Temporary Admission to the BarThe highlights of this new rule:
(A) Temporary Admission. Any person who is licensed to practice law in another state or territory, or in the District of Columbia, of the United States of America, or in any foreign country, and who is not disbarred or suspended in any jurisdiction, and who is eligible to practice in at least one jurisdiction, may be permitted to appear and practice in a specific case in a court or before an administrative tribunal or agency in this state when associated with and on motion of an active member of the State Bar of Michigan who appears of record in the case. An out-of-state attorney may appear and practice under this rule in no more than five cases in a 365-day period. Permission to appear and practice is within the discretion of the court or administrative tribunal or agency, and may be revoked at any time for misconduct. For purposes of this rule, an out-of-state attorney is one who is licensed to practice law in another state or territory, or in the District of Columbia, of the United States of America, or in a foreign country.
(1) Procedure.
(a) Motion. An attorney seeking temporary admission must be associated with a Michigan attorney. The Michigan attorney with whom the out-of-state attorney is associated shall file with the court or administrative tribunal or agency an appearance and a motion that seeks permission for the temporary admission of the out-of-state attorney. The motion shall be supported by an affidavit of the out-of-state attorney seeking temporary admission, which affidavit shall verify
(i) the jurisdictions in which the attorney is or has been licensed or has sought licensure;
(ii) that the attorney is not disbarred, or suspended in any jurisdiction, and is not the subject of any pending disciplinary action, and that the attorney is licensed and is in good standing in all jurisdictions where licensed; and
(iii) that he or she is familiar with the Michigan Rules of Professional Conduct, Michigan Court Rules, and the Michigan Rules of Evidence.
The out-of-state attorney must attach to the affidavit copies of any disciplinary dispositions. The motion shall include an attestation of the Michigan attorney that the attorney has read the out-of-state attorney’s affidavit, has made a reasonable inquiry concerning the averments made therein, believes the out-of-state attorney’s representations are true, and agrees to ensure that the procedures of this rule are followed. The motion shall also include the addresses of both attorneys.
(b) The Michigan attorney shall send a copy of the motion and supporting affidavit to the Attorney Grievance Commission. Within seven days after receipt of the copy of the motion, the Attorney Grievance Commission must notify the court or administrative tribunal or agency and both attorneys whether the out-of-state attorney has been granted permission to appear temporarily in Michigan within the past 365 days, and, if so, the number of such appearances. The notification shall also indicate whether a fee is due if the court or administrative tribunal or agency grants permission to appear. The court or administrative tribunal or agency shall not enter an order granting permission to appear in a case until the notification is received from the Attorney Grievance Commission.
(c) Order. Following notification by the Attorney Grievance Commission, if the out-of-state attorney has been granted permission to appear temporarily in fewer than 5 cases within the past 365 days, the court or administrative tribunal or agency may enter an order granting permission to the out-of-state attorney to appear temporarily in a case. If an order granting permission is entered, the court shall send a copy of the order to the Michigan attorney and the out-of-state attorney. The Michigan attorney in turn shall send a copy of the order to the Attorney Grievance Commission.
(d) Fee. If a fee is due, the order shall state that the appearance by the out-of-state attorney is effective on the date the attorney pays a fee equal to the discipline and client-protection portions of a bar member’s annual dues. If a fee is not due, the order shall indicate the effective date of the appearance. The attorney is required to pay the fee only once in any period between October 1 and September 30. The discipline portion of the fee shall be paid to the State Bar of Michigan for allocation to the attorney discipline system, and the client-protection portion shall be paid to the State Bar of Michigan for allocation to the Client Protection Fund.
(e) By seeking permission to appear under this rule, an out-of-state attorney consents to the jurisdiction of Michigan’s attorney disciplinary system.
- A lawyer may be admitted under this rule in no more than five cases in any 365-day period
- The sponsoring lawyer and the lawyer to be admitted must make a showing of specified facts by affidavit, including a statement that the lawyer to be admitted is familiar with the court rules, evidence rules, and professional responsibility rules in Michigan
- The Attorney Grievance Commission must review and approve any admission before the trial court may enter an order granting temporary admission
- Bar fees as specified must be paid, but only once per year
- Admission under this rule includes consent to the jurisdiction of Michigan's attorney disciplinary system.
Rule 15 of the Rules Concerning the State Bar of Michigan, entitled "Admission to the Bar", was amended to add a requirement that the State Bar notify the Attorney Grievance Commission when the required fees have been paid.
The Staff Comment states:
The Court plans to review these rules again within two years of their effective dates in light of the information gathered by the Attorney Grievance Commission.Link
