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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37670
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Does a NY LLC need legal counsel for an action filed in City

Customer Question

Does a NY LLC need legal counsel for an action filed in City Court located in Rochester NY? If so, how does an out of state attorney file a pro hac vice in said court.
Submitted: 1 year ago via Cornell Legal Info Institute.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

Any LLC is considered to be a separate legal entity and is required to have legal counsel represent it in any action in NY courts. The only times the LLC can be represented by the owner is if the court waive this requirement (highly unlikely but at times possible) or if the owner is himself an attorney who can represent third parties. The attorney who wishes to file for pro hac vice should contact the court and speak to the clerk and then follow the instructions here on what documents to provide and where to file the documentation:

http://www.courts.state.ny.us/courts/ad2/attorneymatters_AdmissionProHacVice_18.shtml

An attorney and counselor-at-law or the equivalent from another state, territory, district, or foreign country may apply, ex parte, for admission to the practice of law in the State of New York, pro hac vice, for a period of 18 months pursuant to § 520.11 of the rules of the Court of Appeals (22 NYCRR 520.11) and § 690.3(b) or (c) of the Rules of the Appellate Division, Second Department (22 NYCRR 690.3, [c]). Applicants for 18-month pro hac vice admission must file the following documents in support of their application:

1. A verified petition setting forth factual statements showing that the applicant meets the eligibility requirements for admission pro hac vice pursuant to § 520.11(a)(2) or (b) of the Rules of the Court of Appeals. The petition must:

(a) set forth the facts concerning the applicant’s admission to the bar in another jurisdiction or jurisdictions and his or her professional experience since admission;

(b) state whether the applicant has ever been the subject of any arrest, charge, or conviction for any felony or misdemeanor, and if so, provide a statement of the underlying facts in detail;

(c) state whether the applicant has ever taken the New York State bar examination and, if so, the number of times he or she sat for the examination, the date of each such examination, and the result thereof; and,

(d) state that the applicant is familiar with and shall comply with the standards of professional conduct imposed upon members of the New York bar, including the rules of court governing the conduct of attorneys and the Rules of Professional conduct (22NYCRR part 1200).

2. A certificate or certificates, issued within 30 days of the date of the verification of the petition, attesting to the applicant’s good standing at the bar of each jurisdiction in which he or she is admitted to the practice of law.

3. A letter from the grievance committee or body entertaining complaints against lawyers of each jurisdiction in which the applicant is admitted to the practice of law stating whether any charge or complaint has ever been filed against him or her and, if so, the substance of such charge or complaint and the disposition thereof.

4. If the application is made under § 520.11(a)(2) of the rules of the Court of Appeals:

(a) a certificate from an approved law school stating that the applicant is a graduate thereof; and,

(b) an affidavit from an officer of the organization by which the applicant is or will be employed or associated establishing that it is an organization described in Judiciary Law § 495(7) that has duly filed the statement required by Judiciary Law § 496, or from an officer of the office of a district attorney, corporation counsel, or the Attorney-General in which the applicant is or will be employed, setting forth the nature of the legal services to be performed by the applicant and certifying that his or her employment or association pursuant to the admission pro hac vice will not extend beyond 18 months from the date of the court’s order granting the application.

5. If the application is made under § 520.11(b) of the rules of the Court of Appeals:

(a) a certificate from an approved law school stating that the applicant is enrolled as a graduate student, or graduate assistant, or is employed thereby as a law school teacher; and,

(b) an affidavit from an officer of the organization by which the applicant is or will be engaged to advise or represent clients establishing that it is an organization described in Judiciary Law § 495(7) that has duly filed the statement required by Judiciary Law § 496, or from an officer of the office of a district attorney, corporation counsel, or the Attorney-General in which the applicant is or will be employed, setting forth the nature of the legal services to be performed by the applicant and certifying that his or her engagement or employment pursuant to the admission pro hac vice will not extend beyond 18 months from the date of the court’s order granting the application.

6. A copy of the applicant’s current resume.

Upon receipt of the foregoing papers the application for admission pro hac vice will be presented to the court and, if approved, an order will be entered granting the application and authorizing the applicant’s admission to practice pro hac vice during the continuance of his or her employment by, or engagement or association with, a legal services office, or office of a district attorney, corporation counsel, or the Attorney-General, but in no event for longer than 18 months from the date thereof. The applicant will then be notified to appear at the courthouse of the Appellate Division for the purpose of taking the constitutional oath of office.



Good luck.

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