A. Admission to Practice -- Generally.
1. Roll of Attorneys. The bar of this Court consists of those heretofore
and those hereafter admitted to practice before this Court, who have taken
the oath prescribed by the rules in force when they were admitted or
prescribed by this rule.
2. Eligibility; Member in Good Standing. Any person who is eligible to
become a member of the Bar of the Supreme Court of Pennsylvania or
who is a member in good standing of the bar of the Supreme Court of
Pennsylvania, or a member in good standing of the Supreme Court of the
United States, or a member in good standing of any United States District
Court, may be admitted to practice before the bar of this Court.
3. Procedure For Admission. No person shall be admitted to practice in
this Court as an attorney except on oral motion of a member of the bar of
this Court, who shall submit a Certification in the form set forth at
“Appendix LCvR/LCrR 83.2.A Certification”. He or she shall, if required,
offer satisfactory evidence of his or her moral and professional character,
and shall provide the same information set forth in subsection B, below.
He or she shall take the following oath or affirmation:
"I DO SOLEMNLY SWEAR (OR AFFIRM) THAT I WILL CONDUCT
MYSELF AS AN ATTORNEY AND COUNSELOR OF THIS
COURT, UPRIGHTLY AND ACCORDING TO LAW; AND THAT I
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WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES.
SO HELP ME GOD."
If admitted, the applicant shall, under the direction of the Clerk of Court,
sign the roll of attorneys and pay such fee as shall have been prescribed
by the Judicial Conference and by the Court.
4. Agreements of Attorneys. All agreements of attorneys relating to the
business of the Court shall be in writing; otherwise, if disputed, they will be
considered of no validity.
5. Practice in Criminal Branch Prohibited. No attorney shall be
permitted to practice in the criminal branch of the federal law as counsel
for any person accused of crime in the United States District Court for the
Western District of Pennsylvania where said attorney is serving by
appointment or election in any of the following categories in either the state
of Pennsylvania or for the United States of America:
a. district attorney of any county in the Commonwealth of
Pennsylvania;
b. assistant, deputy or special advisor of any district attorney of any
county in the Commonwealth of Pennsylvania;
c. Attorney General of the Commonwealth of Pennsylvania;
d. assistant, deputy or special advisor of the Attorney General of
the Commonwealth of Pennsylvania;
e. legal counsel for and any assistant or deputy of any agency of
the United States government; or
f. magistrates or justices of the peace of any city, county or state.
B. Pro Hac Vice Admissions. All motions for admission pro hac vice must
be accompanied by the filing fee. A motion for admission pro hac vice must be
made by the attorney seeking to be admitted and must be accompanied by an
affidavit from the attorney seeking to be admitted pro hac vice (the “affiant”). The
affidavit must include the affiant’s name, law firm affiliation (if any), business
address, and bar identification number. The affiant must attest in the affidavit
that the affiant is a registered user of ECF in the United States District Court for
the Western District of Pennsylvania, that the affiant has read, knows, and
understands the Local Rules of Court for the United States District Court for the
Western District of Pennsylvania, and that the affiant is a member in good
standing of the bar of any state or of any United States District Court. The
affidavit must list the bars of any state or of any United States court of which the
affiant is a member in good standing. The affiant must attach to the affidavit one
current certificate of good standing from the bar or the court in which the affiant
primarily practices. The affidavit also must list and explain any previous
disciplinary proceedings concerning the affiant’s practice of law that resulted in a
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non-confidential negative finding or sanction by the disciplinary authority of the
bar of any state or any United States court. The Court will not rule on a motion
for admission pro hac vice that does not include an affidavit containing the
information and attestations required by this rule. The forms of the motion for
admission pro hac vice and accompanying affidavit are set forth in “Appendix
LCvR/LCrR 83.2.B-MOTION,” and “Appendix LCvR/LCrR 83.2.B-AFFIDAVIT.”
Comment (February 2013)
The Local Rules of Court for the United States District Court for the Western District of
Pennsylvania and instructions for becoming a registered user of ECF in the United States
District Court for the Western District of Pennsylvania are available on the Court’s website. “A
Declaration pursuant to 28 U.S.C. §1746 in lieu of an affidavit shall be sufficient to
comply with the requirements of this Rule.”
C. Appearances and Withdrawals of Appearance.
1. Appearance -- How entered. In all criminal cases involving privately
retained counsel, a notice of appearance of counsel shall be filed at or
before the first appearance of counsel.
2. Attorney Identification Number. Any appearance by a Pennsylvania
attorney shall contain a Pennsylvania attorney identification number.
3. Separate Praecipe Unnecessary. In a civil action, no separate
praecipe for appearance need be filed by an attorney for an original party
or for an intervenor. The endorsement of names of attorneys appearing on
the first pleading or motion filed by a party shall constitute the entry of
appearance of such attorneys. Appearance by other attorneys shall be by
praecipe filed with the Clerk of Court.
4. Withdrawal of Appearance. In any civil proceeding, no attorney whose
appearance has been entered shall withdraw his or her appearance except
upon filing a written motion. The motion must specify the reasons
requiring withdrawal and provide the name and address of the succeeding
attorney. If the succeeding attorney is not known, the motion must set forth
the name, address, and telephone number of the client and either bear the
client’s signature approving withdrawal or state specifically why, after due
diligence, the attorney was unable to obtain the client’s signature.
Comment (February 2013)
A motion for withdrawal of counsel's appearance that sets forth the basis for withdrawal should
disclose that basis only in a manner consistent with the applicable provisions of the
Pennsylvania Rules of Professional Conduct. See Pa. R. Prof. Conduct 1.16, comment 3.
D. Student Practice Rule.
1. Purpose. This rule is designed to provide law students with clinical
instruction in federal litigation, and thereby enhance the competence of
lawyers practicing before the United States District Courts.
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2. Student Requirements. An eligible student must:
a. be duly enrolled in a law school accredited by the American Bar
Association:
b. have completed a least three semesters of legal studies, or the
equivalent;
c. be enrolled for credit in a law school clinical program that has
been approved by this Court;
d. be certified by the Dean of the law school, or the Dean's
designee, as being of good character, and having sufficient legal
ability to fulfill the responsibilities of a legal intern to both the client
and this Court;
e. be certified by this Court to practice pursuant to this rule; and
f. not accept personal compensation from a client or other source
for legal services provided pursuant to this rule.
3. Program Requirements. A law school clinical practice program:
a. must provide the student with academic and practice advocacy
training, utilizing law school faculty or adjunct faculty, including
federal government attorneys or private practitioners, for practice
supervision;
b. must grant the student academic credit for satisfactory
participation therein;
c. must be certified by this Court;
d. must be conducted in such a manner as not to conflict with
normal Court schedules;
e. may accept compensation other than from a client; and
f. must secure and maintain professional liability insurance for it
activities.
4. Supervisor Requirements. A supervisor must:
a. have faculty or adjunct faculty status at the law school offering
the clinical practice program, and must be certified by the Dean of
the law school as being of good character, and having sufficient
legal ability and adequate training to fulfill the responsibilities of a
supervisor;
b. be admitted to practice before this Court;
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c. be present with the student at all times during Court appearance,
and at all other proceedings, including depositions in which
testimony is taken;
d. co-sign all pleadings or other documents filed with this Court;
e. assume full professional responsibility for the student's guidance
in, and for the quality of, any work undertaken by the student
pursuant to this rule;
f. be available for consultation with represented clients;
g. assist and counsel the student in all activities conducted
pursuant to this rule, and review such activities with the student so
as to assure the proper practical training of the student and the
effective representation of the client; and
h. be responsible for supplementing oral or written work of the
student, where necessary, to ensure the effective representation of
the client.
5. Certification of Student, Program and Supervisor.
a. Students.
(1) Certification by the law school Dean and approval by this
Court shall be filed with the Clerk of Court, and unless it is
sooner withdrawn, shall remain in effect until expiration of 18
months.
(2) Certification to appear in a particular case may be withdrawn
at any time, in the discretion of the Court, and without any
showing of cause.
b. Program.
(1) Certification of a program by this Court shall be filed with the
Clerk of Court and shall remain in effect indefinitely unless
withdrawn by the Court.
(2) Certification of a program may be withdrawn by this Court at
any time.
c. Supervisor.
(1) Certification of a supervisor must be filed with the Clerk of
Court, and shall remain in effect indefinitely unless withdrawn by
this Court.
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(2) Certification of a supervisor may be withdrawn by the Court
at any time.
(3) Certification of a supervisor may be withdrawn by the Dean
by mailing notice of such withdrawal to the Clerk of Court.
6. Activities. A certified student, under the personal supervision of the
supervisor, as set forth in LCvR 83.2.C.4, may:
a. represent any client including federal, state or local governmental
bodies, in any civil or administrative matter, if the supervising lawyer
and the client on whose behalf the student is appearing have
consented in writing to that appearance; or
b. engage in all activities on behalf of the clients that a licensed
attorney may engage in.
7. Limitation of Activities. The Court retains the power to limit a
student's participation in a particular case to such activities as the Court
deems consistent with the appropriate administration of justice.
Comment (June 2008)
The amended Rule adds headings, modifies the numbering and clarifies and modernizes
language in the Rule. More substantively, the amended Rule adds a section on pro hac vice
admissions. In addition, it permits students to practice before the Court after completing three
(as opposed to four) semesters of legal study.
