Personal injury lawsuits are complex but if you thinking to consider a lawyer from another state then it must be more complicated for you.
It is common and understandable to hire a local attorney for representing you in court for your case. And if you hire a local attorney then it will be convenient and feels personal. But if is it possible? Can you an attorney from out of state to represent you in the court?
Luckily, it is very easy to understand that a lawyer from out of state can represent you or not. It is a subject of jurisdiction and bar certification.
Out of state lawyers and their jurisdiction
Firstly, you have to find out which state has jurisdiction. Jurisdiction explains the area that has the power of making legal decisions and also judgments regarding your claim.
Generally, jurisdiction laws require that you bring forth a case where the accident occurred or in the state where an injured person gives you life. That means if you live in Lowa and your accident happens in Illinois and/ or the person who injured you lives in Illinois, then you have to need to bring forth your claim in Illinois.
Even, just because another state has jurisdiction it does not mean that another state law cannot represent you.
Out of state lawyers and their bar certification
In most cases, your attorney has to be admitted to the bar as the state with jurisdiction.
In most of the states, they have a process of hiring an attorney from out of state for a person but only one case. There is a phrase of Latin “for this occasion only” or “pro hac vice” that describes this process. Every state has its process. It is not important that or maybe no requirement of the out of state attorney with an in-state attorney.
Besides this, admission for the “pro hac vice” process is the option just for few states and it may call as “reciprocity.” Reciprocity means that a lawyer doesn’t take the permission in the bar with the state jurisdiction that comes from another state, but their admission to the bar in another state allows them to practice in that state with jurisdiction.
For example, in Lowa, other state’s bar attorney can get the admission if they have licensed in other jurisdiction may be granted if:
- The lawyer has a law license.
- The attorney has practiced for at least five years from the past seven years.
- And the attorney practiced in the other state of the U.S. or the District of Columbia.