IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
STANDING ORDER REGARDING PRO HAC VICE MOTIONS
WHEREAS under District of Delaware Local Rule 83.6(d),"all attorneys
admitted or authorized to practice before this Court, including attorneys admitted
on motion or otherwise, shall be governed by the Model Rules ofProfessional
Conduct ofthe American Bar Association";
WHEREAS under American Bar Association(ABA)Model Rule of
Professional Conduct 5.4, a "lawyer or law firm shall not share legal fees with a
nonlawyer," a "lawyer shall not form a partnership with a nonlawyer if any ofthe
activities of the partnership consist of the practice of law," and a "lawyer shall not
practice with or in the form of a professional corporation or association authorized
to practice law for a profit, if: a nonlawyer owns any interest therein . . .[or] a
nonlawyer has the right to direct or control the professional judgment of a lawyer,"
Model Rules of Pro. Conduct r. 5.4(a),(b), and (d)(1),(3);
WHEREAS at least two states and the District of Columbia have amended
their rules of professional conduct to allow nonlawyers to hold a financial interest
and exercise managerial authority in a law firm, see Ariz. Code of Jud. Admin.
§ 7-209 (authorizing the practice oflaw by an "[ajltemative business structure,""a
business entity that includes nonla-wyers who have an economic interest or
decision-making authority in the firm and provides legal services"); Utah Rules of
Pro. Conduct r. 5.4(d)("A lawyer may practice law with nonlawyers, or in an
organization, including a partnership, in which a financial interest is held or
managerial authority is exercised by one or more persons who are nonlawyers
.. . ."); D.C. Rules ofPro. Conduct r. 5.4(b)("A lawyer may practice law in a
partnership or other form of organization in which a financial interest is held or
managerial authority is exercised by an individual nonlawyer who perfonns
professional services which assist the organization in providing legal services to
clients .. . .");
WHEREAS it appears that certain law firms of lawyers who have been or
are currently admitted pro hac vice in this Court have considered or are
considering allowing nonlawyers to hold an ownership interest and exercise
managerial authority in those firms, see, e.g., Emily Sawicki & Alison Knezevich,
McDermott Exploring Selling Stake to Private Equity(Nov. 12, 2025),
https://www.law360.com/pulse/articles/2409986 [https://perma.cc/QGX4-AM7F];
Marialuisa Taddia, Quinn Emanuel Founder 'Open'to Private Equity Investment
(Dec. 5, 2025), https://www.law360.com/pulse/articles/2417573
[https://perma.cc/D4WD-QYEL]; and
WHEREAS ABA Model Rule 5.4's prohibitions are "directed mainly
against entrepreneurial relationships with nonlawyers and primarily are for the
2
puipose of protecting a lawyer's independence in exercising professional judgment
on the client's behalf free from control by nonlawyers," A.B.A. Comm. on Ethics
& Pro. Resp., Formal Op. 423 (2001).
NOW THEREFORE,at Wilmington on this Seventh Day of April in 2026, it
is HEREBY ORDERED that any attorney seeking admission pro hac vice in a case
assigned to the undersigned judge shall complete and file with the Court either the
Certification attached hereto as Exhibit A-1 or the Certification attached hereto as
Exhibit A-2 as appropriate.
lEF JUDGE
EXHIBIT A-1
CERTIFICATION FOR PRO HAC VICE ADMISSION OF LAWYER
WHO DOES NOT PRACTICE WITH OR IN THE FORM OF
A PROFESSIONAL CORPORATION OR ASSOCIATION
AUTHORIZED TO PRACTICE LAW FOR PROFIT
I certify that I do not practice law with or in the form of a professional
corporation or association authorized to practice law for profit.
I certify that I am eligible for admission to this Court; that I am admitted,
practicing, and in good standing as a member of the Bar of
; and that pursuant to District of Delaware Local
Rule 83.6 I submit to the disciplinary jurisdiction of this Court for any alleged
misconduct that occurs in the preparation or course of this action. I also certify
that I am generally familiar with this Court's Local Rules.
In accordance with the Standing Order on Attorney Registration and Pro Hac
Vice Fees, I further certify that the fee of $50.00 has been submitted to the Clerk's
Office upon the filing of this motion.
I further certify that:
I. With the exception of the circumstances listed in
Rule 5.4(a)(I)-(4) ofthe Model Rules of Professional Conduct of
the American Bar Association, neither I nor my law firm shares or
will share legal fees with a nonlawyer;
2. I do not participate with a nonlawyer in a partnership that engages
in any activity that consists of the practice of law; and
3. I will not permit a person who recommends, employs, or pays me
or my law firm to render legal services for another person or
persons to direct or regulate my professional judgment or the
professional judgment of a lawyer in my firm in rendering such
legal services.
Date Applicant's Signature
(Applicant's Law Firm and Address)
EXHIBIT A-2
CERTIFICATION FOR PRO MAC VICE ADMISSION OF LAWYER
WHO PRACTICES WITH OR IN THE FORM OF
A PROFESSIONAL CORPORATION OR ASSOCIATION
AUTHORIZED TO PRACTICE LAW FOR PROFIT
I certify that I practice law with or in the form of a professional corporation
or association authorized to practice law for profit.
I certify that I am eligible for admission to this Court; that I am admitted,
practicing, and in good standing as a member ofthe Bar of
; and that pursuant to District of Delaware Local
Rule 83.6 I submit to the disciplinary jurisdiction of this Court for any alleged
misconduct that occurs in the preparation or course of this action. I also certify
that I am generally familiar with this Court's Local Rules.
In accordance with the Standing Order on Attorney Registration and Pro Hac
Vice Fees, I further certify that the fee of $50.00 has been submitted to the Clerk's
Office upon the filing ofthis motion.
I further certify that:
1. With the exception ofthe circumstances listed in
Rule 5.4(a)(l)-(4) ofthe Model Rules of Professional Conduct of
the American Bar Association, neither I nor my law firm shares or
will share legal fees with a nonlawyer;
2. I do not participate with a nonlawyer in a partnership that engages
in any activity that consists of the practice of law;
3. I will not permit a person who recommends, employs, or pays me
or my law firm to render legal services for another person or
persons to direct or regulate my professional judgment or the
professional judgment of a lawyer in my firm in rendering such
legal services;
4. With the exception of a fiduciary representative of the estate of a
lawyer for a reasonable time during the administration of the
estate, no nonlawyer owns any interest in my law firm;
5. No nonlawyer is a director or officer or occupies a position of
similar responsibility in the firm; and
6. No nonlawyer has the right to direct or control my professional
judgment or the professional judgment of a lawyer in my firm.
Date Applicant's Signature
(Applicant's Law Firm and Address)
