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Also, as for PHV applications, I don’t think it would get approved in time. This was a motions hearing that, to everyone’s surprise, became a bench trial set to start two weeks from now. My partner thinks it’s fine, but he also says he hasn’t had to pay attention to stuff like that because someone has been handling it for him for decades. Another coworker said I’d know when I crossed the unlicensed practice of law line, but if I’m here typing this, I’m obviously too anxious to trust that
PHV’s generally get granted within a day or two and, if it’s still pending at the start of trial, it’s a housekeeping item your local counsel raises at the start of the proceeding which will then be granted on the record for you to proceed. Just get your PHV motion on file and get to work on trial prep, you’re standing in your own way here.
I hope you’re not planning to enter an appearance without applying PHV… but I’ve seen courts allow out of town attorneys to argue with PHV apps pending, though not yet approved
I’ve done exactly what your partner wants you to do multiple times. You’re fine unless you’re going to make an appearance. If you are going to make an appearance you need to PHV, that takes less than 24 hours in most places (except California because they’re weird).
When I did it 25 years ago, I don’t recall it taking too long to get PHV apps cleared. But the first thing I’d try is calling the judge’s clerk. They’re typically really helpful…so much so that when I, as first year associate, worked with the clerk to get the PHV motion for our senior partner approved, the judge addressed him by my name! Luckily, the partner had a sense of humor…
PS - every state’s rules are different. You can try calling the state bar where you want to appear. When I moved from Georgia to CA, I wanted to know if I’d have to get licensed in CA to practice remotely. My area is mostly federal law; they told me in CA that as long as I didn’t provide advice on CA law or solicit clients here (yay! No more BD!), I was fine without. But I doubt they’d let you enter an appearance in court without a license there or PHV.
Are you representing someone in court? Or are you doing work that could theoretically be done by a super paralegal which would then be reviewed by the supervising attorney of record?
If you are going to court in another state without requesting to be admitted pro hac vice, that is UPL and can get you in trouble.
Just get your PHV together. Sometimes you see docs filed with “PHV Pending”, or even “PHV Forthcoming.” It’s all very normal. You’re overthinking it.