Pro Hac Vice

Out-of-state lawyers seeking to appear in a Michigan case or proceeding must comply with Michigan's pro hac vice rules.The Supreme Court adopted MCR 8.126, and amended MCR 9.108 and Rule 15 of the Rules Concerning the State Bar of Michigan, effective September 1, 2008. Under MCR 8.126, the motion and affidavit filed on behalf of the out-of-state attorney must be submitted to the Attorney Grievance Commission. The AGC must, within seven days of receipt of the motion and affidavit, 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, if so, how many times, and whether a fee is due.

When submitting the motion and affidavit to the AGC please include the judge's name (or the contact name of the agency where the motion has been filed) as well as the address of the tribunal to aid the AGC's processing of the matter.

An out-of state attorney is permitted to appear and practice in no more than five cases in a 365-day period. For the privilege of practicing in Michigan, the out-of-state lawyer must pay once annually a fee of $135, regardless of the number of appearances. That fee is payable to the State Bar of Michigan, 306 Townsend St., Lansing, MI 48933, and should be sent to the attention of the Finance Department, with a notation that it is a pro hac vice fee being paid on behalf of the out-of-state attorney, including that attorney's name and address. Every lawyer admitted under this rule subjects himself or herself to the jurisdiction of Michigan's attorney disciplinary system.

A copy of the motion and affidavit should be mailed to Attn: Pro Hac Vice, Attorney Grievance Commission, 243 W. Congress, Suite 256, Detroit, MI 48226. The AGC accepts these documents by facsimile (313-961-5819) and email (ProHacVice@agcmi.com). For additional questions regarding this process, call the Attorney Grievance Commission, at (313) 961-6585 or email questions to mailto:ProHacVice@agcmi.com.