Unlike other professions, lawyers can only practice law in the states and jurisdictions where they are admitted. While some areas of law, like patent prosecution or trademark, are purely Federal, other cases, like commercial disputes, leases, real estate, and criminal matters, are often very specific to the location where the dispute occurred.

If a lawyer is not admitted to practice in the jurisdiction, then a local lawyer must assist as either co-counsel (or in the Eastern District of Virginia, for example) as technical lead counsel.

Pro Hac Vice

Usually, in these instances, a local lawyer will file a motion with the court to allow the outside counsel to be able to appear before the court pro hac vice, which is Latin and the technical term meaning “on this occasion only.” This generally enables the client to have the counsel of their choice appear before the court accompanied by “local counsel.” In addition to the bar license, the “lead counsel” or “outside counsel” relies on the local counsel’s knowledge of the court system and the peccadillos of the judges in a particular court.

There are two scenarios for local counsel. Often the lead counsel is very skilled in their field and has a large support team.

In these cases, there are usually seeking a local lawyer who can file the admission motion and provide advice limited to procedural and local custom, a warm body with a bar license. However, it can also be a case where the outside counsel requires a higher level of assistance from the local counsel attorney. This can range from back-office staff support, paralegal support, and local appearances to even more substantive assistance with discovery, research, brief writing, and even oral argument.

Pro hac vice matters require a unique relationship between the local counsel and outside counsel. The best arrangements will work to preserve and promote and lead counsel’s relationship with their existing client. All while providing a high level of service to both the lead counsel, and if requested, the lead counsel’s client.

Choosing local counsel for subject-matter expertise

Sometimes the nature of the subject matter of a client’s dispute requires a lawyer to associate with another lawyer or law firm. For example, if a lawyer has a client who is suddenly embroiled in a subject matter that falls outside of that lawyer’s comfort zone, then it is prudent to engage the assistance of a lawyer who has experience with these specific types of law. This often happens with intellectual property, including patent, trademark, and copyright law, or very industry-specific areas, like government contracts and national security in front of the Court of Federal Claims for matters of security clearance, debarment, contract appeals, and similar cases.

Appellate work is a special skill and differs from regular trial work, and as such, it is another type of case that may require the engagement of experienced local appellate counsel. For example, experienced counsel is often required for appearances before the Patent Trial and Appeals Board (PTAB), Trademark Trial and Appeals Board (TTAB), Federal Circuit, or the U.S. Supreme Court.

The value proposition of local counsel

Local counsel attorneys provide value to clients by offering logistical benefits in the form of local physical offices staffed by experienced attorneys in multiple locations in close proximity to the court. Additionally, other ways local counsel lawyers help control client costs is by relying on less expensive associate-level lawyers for in-court appearances beside experienced lead counsel from outside firms while still allowing for at least one very experienced partner (20 years or more) as co-counsel for review of pleadings and general advice if requested. This structure is the optimal combination of valuable experience and reasonable price for clients and attorneys seeking pro hac vice admission and assistance.

Virginia Federal Courts

Virginia is divided into the Eastern District of Virginia, with the Alexandria, Richmond, Norfolk, and Newport News Divisions (also known as the “Rocket Docket”), and the Western District of Virginia, with the Harrisonburg, Lynchburg, and Roanoke Divisions. The Fourth Circuit Court of Appeals is located in Richmond.

The Eastern District has a very short and intensive discovery process, generally governed by magistrate judges. Continuances are rarely if ever, granted, and trials can be set anywhere from five to nine months from the date of service. There is a criminal motions docket at 9 a.m. and a civil motions docket every Friday at 10 a.m., with most other motions being specially set.

Virginia State Courts

The trial court of general jurisdiction in Virginia is the Circuit Court.

Washington, DC

Washington, DC, has a court system similar to the state courts of other jurisdictions. The U.S. District Court for the District of Columbia and the U.S. Court of Appeals for the District of Columbia Circuit are the courts for federal matters. However, there are state-equivalent courts called the Superior Court and the Court of Appeals.

Maryland

The Federal District Court of Maryland is a single district with two divisions. One is located in Greenbelt and one in Baltimore. The circuit courts of Maryland are located in all 23 counties and Baltimore City and are the trial courts of general jurisdiction.

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