Colorado

Civil Procedure

Rule 205.5 – Pro Hac Vice Authority – Foreign Attorney

(1) General Statement and Eligibility. A foreign attorney, defined as a person admitted in a non-U.S. jurisdiction and who is a member of a recognized legal profession in that jurisdiction, the members of which are admitted to practice as attorneys or counselors at law or the equivalent and are subject to effective regulation and discipline by a duly constituted professional body or a public authority, and who is not disbarred, suspended, or on disability inactive status or the equivalent thereof in any jurisdiction, may be permitted to appear on a particular matter in any state court of record or state agency under the conditions listed in this rule.

(2) Filing Requirements.

(a) The requirements of C.R.C.P. 205.3 and 205.4 applicable to out-of-state attorneys shall apply to a foreign attorney. The foreign attorney shall file a verified motion with the trial court and the Clerk of the Supreme Court Office of Attorney Registration as described in C.R.C.P. 205.3(1). All documents submitted to a court or agency of this state, if not in English, shall be submitted with an English translation and satisfactory proof of the accuracy of the translation.

(b) In addition to the requirements of C.R.C.P. 205.3(1), the foreign attorney’s verified application for admission pro hac vice shall include:

(i) The applicant’s residence and business address, telephone number(s), and e-mail address(es);

(ii) The name, address, telephone number(s), and e-mail address(es) of each client sought to be represented;

(iii) The U.S. and foreign jurisdictions, agencies, and courts before which the applicant has been admitted to practice law, the contact information for each, and the respective period(s) of admission;

(iv) The name and address of each court or agency and a full identification of each proceeding in which the applicant has filed an application to appear pro hac vice in Colorado within the preceding five years and the date of each application;

(v) A statement as to whether the applicant:

(A) Has been denied admission pro hac vice in any jurisdiction, U.S. or foreign, including Colorado;

(B) Has ever had admission pro hac vice revoked in any jurisdiction, U.S. or foreign, including Colorado;

(C) Has ever been disciplined or sanctioned by any court or agency in any jurisdiction, U.S. or foreign, including Colorado. If so, the applicant shall specify the nature of the allegations, the authority bringing such proceedings, the caption of the proceedings, the date filed, and what findings were made and what action was taken in connection with those proceedings. A certified copy of the written findings or order shall be attached to the application. If the written findings or order is not in English, the applicant shall submit an English translation and satisfactory proof of the accuracy of the translation;

(D) Has ever been the subject of any formal disciplinary or disability proceeding brought against the applicant by a disciplinary counsel or analogous foreign regulatory authority in any jurisdiction within the last five years and, as to each such proceeding: the nature of the allegations; the date the proceedings were initiated; which, if any, of the proceedings are still pending, and for those proceedings that are not still pending, the dates upon which the proceedings were concluded; the caption of the proceedings; and the findings made and actions taken in connection with those proceedings, including exoneration from any charges. A certified copy of any written finding or order shall be attached to the application. If the written order or findings is not in English, the applicant shall submit an English translation and satisfactory proof of the accuracy of the translation;

(E) Has been held in contempt by any court in a written order in the last five years, and, if so: the nature of the allegations, the name of the court before which such proceedings were conducted, the date of the contempt order, the caption of the proceedings, and the substance of the court’s rulings. A copy of the written order or transcript of the oral rulings shall be attached to the application. If the written order is not in English, the applicant shall submit an English translation and satisfactory proof of the accuracy of the translation;

(vi) A statement that the attorney acknowledges he or she is subject to the Colorado Rules of Professional Conduct, the Colorado Rules of Civil Procedure, and other court rules, that the attorney will follow those rules throughout the pro hac vice admission, and that the verified motion complies with those rules;

(vii) The name, address, telephone number(s), e-mail address(es), and bar number of the active member in good standing of the Colorado bar who supports the applicant’s pro hac vice request, who shall appear of record together with the foreign attorney, and who shall remain ultimately responsible to the client as set forth in section (2)(a) of this rule;

(viii) An averment by the in-state attorney referred to in section (2)(a) and by the applicant that, if the application for pro hac vice admission is granted, service of any documents by a party, court, agency, or Regulation Counsel upon the applicant may be accomplished by service upon the in-state attorney or that in-state attorney’s agent;

(ix) The applicant’s prior or continuing representation in other matters of one or more of the clients the applicant proposes to represent and any relationship between such other matter(s) and the proceeding for which applicant seeks admission;

(x) Any special experience, expertise, or other factor deemed to make it particularly desirable that the applicant be permitted to represent the client(s) the applicant proposes to represent in the particular cause; and

(xi) Such other information as the Attorney Regulation Counsel Office of Admissions may from time to time request.

(3) Trial Court’s Ruling on Motion to Appear.

(a) A Colorado court or agency may, in its discretion, admit a foreign attorney in a particular proceeding pending before such court or agency to appear pro hac vice in a defined role as an attorney, advisor, or consultant in that proceeding with an in-state attorney, provided that the in-state attorney is responsible to the client, responsible for the conduct of the proceeding, responsible for independently advising the client on the substantive law of a U.S. jurisdiction and procedural issues in the proceeding, and for advising the client whether the in-state attorney’s judgment differs from that of the foreign attorney.

(b) The Attorney Regulation Counsel may provide information to the trial court that he or she believes relevant for the trial court’s ruling on the pending motion to appear. Notwithstanding any other provision of this rule, the trial court retains full authority to approve or deny the motion or revoke the pro hac vice status as it deems appropriate.

(c) In addition to the requirements and factors listed above, a court or agency in ruling on an application to admit a foreign attorney pro hac vice shall weigh other relevant factors, including:

(i) The legal training and experience of the foreign attorney including in matters similar to the matter before the court or agency;

(ii) The extent to which the matter will include the application of:

(A) The law of the jurisdiction in which the foreign attorney is admitted or

(B) International law or other law in which the foreign attorney has a demonstrated expertise;

(iii) The foreign attorney’s familiarity with the law of a U.S. jurisdiction applicable to the matter before the court or agency;

(iv) The extent to which the foreign attorney’s relationship and familiarity with the client or with the facts and circumstances of the matter will facilitate the fair and efficient resolution of the matter;

(v) The foreign attorney’s English language ability; and

(vi) The extent to which it is possible to define the scope of the foreign attorney’s authority in the matter as described in section (3)(a) so as to facilitate the fair and efficient resolution of the matter, including by a limitation on the foreign attorney’s authority to advise the client on the law of a U.S. jurisdiction except in consultation with the in-state attorney.

(4) Names and Appearances. The name and address of the licensed Colorado associate attorney must be shown on all papers served and filed. The Colorado associate attorney shall appear personally and, unless excused, remain in attendance with the foreign attorney in all appearances.

(5) Frequency of Appearances. A separate petition, fee, and order granting permission are required for each action in which the foreign attorney appears in Colorado.

(6) Appellate Matters and Other Forms of Review.

(a) If a foreign attorney wishes to appear in a proceeding before a Colorado appellate court, and the foreign attorney obtained permission to appear in a proceeding involving the same action in a Colorado state trial court, the foreign attorney only needs to file an updated affidavit with the Clerk of the Office of Attorney Registration. No additional filing fee is required.

(b) If a foreign attorney wants to appear in a proceeding before a Colorado appellate court and the foreign attorney did not obtain permission to appear in a proceeding involving the same action in a Colorado state trial court or administrative agency, the foreign attorney shall file a motion and affidavit with the clerk of the Colorado appellate court, with a copy sent to the Clerk of the Office of Attorney Registration, requesting permission to appear. The motion, affidavit, and filing fee must be submitted as otherwise provided in section (1) of this rule.

(7) Discipline and Disability Jurisdiction. Any foreign attorney authorized to appear under this rule shall be subject to all applicable provisions of the Colorado Rules of Professional Conduct, except for the provisions of Colo. RPC 1.15 that require an attorney to have a business account and a trust account in a financial institution doing business in Colorado; and the Colorado Rules of Civil Procedure, except C.R.C.P. 227 (general registration fees) and C.R.C.P. 250 (mandatory continuing legal education).

C.R.C.P. 205.5

Source: Entire rule added and effective September 1, 2014; amended and adopted January 24, 2019, effective January 24, 2019.

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