Pro Hac Vice

Out-of state lawyers seeking to appear before a Michigan court, administrative tribunal or agency, or arbitration proceeding must comply with Michigan's pro hac vice rules. The Supreme Court has implemented MCR 8.126, MCR 9.108, and Rule 15 of the Rules Concerning the State Bar of Michigan in this regard. Every lawyer admitted under the pro hac vice rules subjects himself or herself to the jurisdiction of Michigan's attorney disciplinary system.

Effective September 1, 2011, the Supreme Court amended MCR 8.126. The amendment requires out-of-state attorneys to pay a fee of $135 to the State Bar of Michigan for every motion that is filed. Payment of $135 should be sent to the attention of the Finance Department, State Bar of Michigan, 306 Townsend St., Lansing, MI 48933. The fee must include a notation that it is a pro hac vice fee being paid on behalf of an out-of-state attorney, including that attorney's name and address. The State Bar will provide a receipt of payment, which is to be included with the motion when filed. The motion and affidavit filed on behalf of the out-of-state attorney must also include a current certificate of good standing issued by a jurisdiction where the out-of-state attorney is licensed and eligible to practice law. The certificate of good standing should be dated 30 days or less from the date of the motion.

The motion for temporary admission must also be submitted to the Attorney Grievance Commission. To aid the AGC's processing of the matter, the name of the judge (or the contact name of the agency where the motion has been filed) as well as the address of the tribunal should be included. Upon receipt of the motion, the AGC must, within seven days, notify the tribunal, the Michigan attorney, and the out-of-state attorney whether that out-of-state attorney has been admitted in Michigan in the past 365 days and, if so, how many times. An out-of-state attorney is permitted to appear and practice in no more than five cases in a 365-day period.

A copy of the motion and all supporting documents should be mailed to Attn: Pro Hac Vice, Attorney Grievance Commission, 535 Griswold, Suite 1700, Detroit, MI 48226. The AGC accepts these documents by email to ProHacVice@agcmi.com. For additional questions, call the AGC at 313-961-6585 or email questions to ProHacVice@agcmi.com.