Iowa Ct. R. 31.14

31.14(1) Definitions.

a. An “out-of-state” lawyer is a person who:

(1) Is not admitted to practice law in this state but who is admitted in another state or territory

of the United States or of the District of Columbia or is licensed to practice as a foreign legal

consultant in any state or territory of the United States or of the District of Columbia.

(2) Is not disbarred or suspended from practice in any jurisdiction.

b. An out-of-state lawyer is “eligible” for admission pro hac vice if any of the following

conditions are satisfied:

(1) The lawyer lawfully practices solely on behalf of the lawyer’s employer and its commonly

owned organizational affiliates, regardless of where such lawyer may reside or work.

(2) The lawyer neither resides nor is regularly employed at an office in this state.

(3) The lawyer resides in this state but (i) lawfully practices from offices in one or more other

states and (ii) practices no more than temporarily in this state, whether pursuant to admission pro

hac vice or in other lawful ways.

c. An “in-state” lawyer is a person admitted to practice law in this state and is not disbarred or

suspended from practice in this state.

d. A “client” is a person or entity for whom the out-of-state lawyer has rendered services or by

whom the lawyer has been retained prior to the lawyer’s performance of services in this state.

e. “This state” refers to Iowa. This rule does not govern proceedings before a federal court or

federal agency located in this state unless that body adopts or incorporates this rule.

31.14(2) Authority of court or agency to permit appearance by out-of-state lawyer.

a. Court proceeding. A court of this state may, in its discretion, admit an eligible out-of-state

lawyer, who is retained to appear as attorney of record in a particular proceeding, only if the

out-of-state lawyer appears with an in-state lawyer in that proceeding.

b. Agency proceeding. Regardless of whether practice before an agency is limited to lawyers,

an out-of-state lawyer must apply for admission pro hac vice to appear as attorney of record in an

agency proceeding. The agency may, using the same standards and procedures as a court, admit

an eligible out-of-state lawyer who has been retained to appear in a particular agency proceeding

as counsel in that proceeding pro hac vice, only if the out-of-state lawyer appears with an in-state

lawyer in that proceeding.

c. Subsequent proceedings. Admission pro hac vice is limited to the particular court or

agency proceeding for which admission was granted. An out-of-state lawyer must separately

seek admission pro hac vice in any subsequent district or appellate court proceeding.

31.14(3) In-state lawyer’s duties. When an out-of-state lawyer appears for a client in a

proceeding pending in this state, either in the role of co-counsel of record with the in-state

lawyer, or in an advisory or consultative role, the in-state lawyer who is co-counsel or counsel of

record for that client in the proceeding remains responsible to the client and responsible for the

conduct of the proceeding before the court or agency. It is the duty of the in-state lawyer to do all

of the following:

a. Appear of record together with the out-of-state lawyer in the proceeding.

b. Actively participate in the proceeding. See Iowa R. of Prof’l Conduct 32:5.5(c)(1).

c. Accept service on behalf of the out-of-state lawyer as required by Iowa Code section

602.10111.

d. Advise the client of the in-state lawyer’s independent judgment on contemplated actions in

the proceeding if that judgment differs from that of the out-of-state lawyer.

31.14(4) Application procedure. An eligible out-of-state lawyer seeking to appear in a

proceeding pending in this state as counsel pro hac vice must file a verified application with the

court or agency where the litigation is filed. The out-of-state lawyer must serve the application on

all parties who have appeared in the proceeding and must include proof of service. Application

forms for admission pro hac vice can be found in rule 31.25.

31.14(5) Required information for application. An application filed by the out-of-state lawyer

must contain all of the following information:

a. The out-of-state lawyer’s residence and business addresses.

b. The name, address, and phone number of each client sought to be represented.

c. The courts before which the out-of-state lawyer has been admitted to practice and the

respective period of admission and any jurisdiction in which the out-of-state lawyer has been

licensed to practice as a foreign legal consultant and the respective period of licensure.

d. Whether the out-of-state lawyer has been denied admission pro hac vice in this state. If so,

specify the caption of the proceedings, the date of the denial, and what findings were made.

e. Whether the out-of-state lawyer has had admission pro hac vice revoked in this state. If so,

specify the caption of the proceedings, the date of the revocation, and what findings were made.

f. Whether the out-of-state lawyer has been denied admission in any jurisdiction for reasons

other than failure of a bar examination. If so, specify the jurisdiction, caption of the proceedings,

the date of the denial, and what findings were made.

g. Whether the out-of-state lawyer has been formally disciplined or sanctioned by any court

in this state. If so, specify the nature of the allegations, the name of the authority bringing such

proceedings, the caption of the proceedings, the date filed, what findings were made, and what

action was taken in connection with those proceedings.

h. Whether the out-of-state lawyer has been the subject of any injunction, cease-and-desist

letter, or other action arising from a finding that the out-of-state lawyer engaged in the

unauthorized practice of law in this state or elsewhere. If so, specify the nature of the allegations,

the name of the authority bringing such proceedings, the caption of the proceedings, the date

filed, what findings were made, and what action was taken in connection with those proceedings.

i. Whether any formal, written disciplinary proceeding has been brought against the out-of-state lawyer by a disciplinary authority or unauthorized practice of law commission in any

other jurisdiction within the last five years, and as to each such proceeding: the nature of

the allegations, the name of the person or authority bringing such proceedings, the date the

proceedings were initiated and finally concluded, the style of the proceedings, and the findings

made and actions taken in connection with those proceedings.

j. Whether the out-of-state lawyer has been placed on probation by a disciplinary authority in

any other jurisdiction. If so, specify the jurisdiction, caption of the proceedings, the terms of the

probation, and what findings were made.

k. Whether the out-of-state lawyer has been held formally in contempt or otherwise sanctioned

by any court in a written order in the last five years for disobedience to its rules or orders, 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 or sanction, 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 must

be attached to the application.

l. The name and address of each court or agency and a full identification of each proceeding in

which the out-of-state lawyer has filed an application to appear pro hac vice in this state within

the preceding two years, the date of each application, and the outcome of the application.

m. An averment as to the out-of-state lawyer’s familiarity with the rules of professional

conduct, the disciplinary procedures of this state, the standards for professional conduct, the

applicable local rules, and the procedures of the court or agency before which the out-of-state

lawyer seeks to practice.

n. The name, address, telephone number, and personal identification number of an in-state

lawyer in good standing of the bar of this state who will sponsor the out-of-state lawyer’s pro hac

vice request.

o. An acknowledgement that service upon the in-state lawyer in all matters connected with the

proceedings has the same effect as if personally made upon the out-of-state lawyer.

p. If the out-of-state lawyer has appeared pro hac vice in this state in five proceedings within

the preceding two years, the application must contain a statement showing good cause why the

out-of-state attorney should be admitted in the present proceeding.

q. Any other information the out-of-state lawyer deems necessary to support the application

for admission pro hac vice.

r. A statement that the out-of-state lawyer has registered with the office of professional

regulation and paid the fee as required by rule 31.14(11).

31.14(6) Objection to application. A party to the proceeding may file an objection to the

application or seek the court’s or agency’s imposition of conditions to its being granted.

The objecting party must file with its objection a verified affidavit containing or describing

information establishing a factual basis for the objection. The objecting party may seek denial of

the application or modification of it. If the application has already been granted, the objecting

party may move that the pro hac vice admission be revoked.

31.14(7) Standard for admission. The courts and agencies of this state have discretion as to

whether to grant applications for admission pro hac vice. If there is no opposition, the court or

agency has the discretion to grant or deny the application summarily. An application ordinarily

should be granted unless the court or agency finds one of the following:

a. The admission of the out-of-state attorney pro hac vice may be detrimental to the prompt,

fair, and efficient administration of justice.

b. The admission of the out-of-state attorney pro hac vice may be detrimental to legitimate

interests of parties to the proceedings other than a client the out-of-state lawyer proposes to

represent.

c. One or more of the clients the out-of-state lawyer proposes to represent may be at risk of

receiving inadequate representation and cannot adequately appreciate that risk.

d. The out-of-state lawyer has appeared pro hac vice in this state in five proceedings within the

preceding two years, unless the out-of-state lawyer can show good cause exists for admission.

31.14(8) Revocation of admission. Admission to appear as counsel pro hac vice in a

proceeding may be revoked for any of the reasons listed in rule 31.14(7).

31.14(9) Discipline; contempt; sanction authority over the out-of-state lawyer.

a. During the pendency of an application for admission pro hac vice and upon the granting of

such application, an out-of-state lawyer submits to the authority of the courts of this state, the

agencies of this state, and the Iowa Supreme Court Attorney Disciplinary Board for all conduct

relating in any way to the proceeding in which the out-of-state lawyer seeks to appear. The

out-of-state lawyer submits to these authorities for all of the lawyer’s conduct within the state

while the proceeding is pending or arising out of or relating to the application or the proceeding.

An out-of-state lawyer who has pro hac vice authority for a proceeding may be disciplined in the

same manner as an in-state lawyer. See Iowa R. of Prof’l Conduct 32:8.5.

b. The authority to which an out-of-state lawyer submits includes, but is not limited to, the

enforcement of the rules of professional conduct, the rules of procedure of the Iowa Supreme

Court Attorney Disciplinary Board, contempt and sanction procedures, applicable local rules, and

court, agency, and board policies and procedures.

c. An out-of-state lawyer who appears before a court of this state or before an agency of this

state when practice is limited to lawyers and who does not obtain admission pro hac vice is

engaged in the unauthorized practice of law. See Iowa R. of Prof’l Conduct 32:5.5 cmt. [9]. If an

out-of-state lawyer reasonably expects to be admitted pro hac vice, the lawyer may provide legal

services that are in or reasonably related to a pending or potential proceeding before a court or

agency in this state. See Iowa R. of Prof’l Conduct 32:5.5(c)(2).

31.14(10) Familiarity with rules. An out-of-state lawyer must become familiar with the rules

of professional conduct, the rules of procedure of the Iowa Supreme Court Attorney Disciplinary

Board, the standards for professional conduct, local court or agency rules, and the policies and

procedures of the court or agency before which the out-of-state lawyer seeks to practice.

31.14(11) Periodic fee. An applicant for admission to appear pro hac vice in any Iowa court or

agency must first register with the office of professional regulation and pay a fee of $250 to the

client security trust fund. The office of professional regulation may prescribe an electronic format

for the registration and require submission of the registration and payment in that form.

a. Registration and payment of the fee required by this rule qualify the out-of-state lawyer to

file applications for admission pro hac vice in any Iowa court or before any Iowa agency for a

period of five years commencing with the date of registration. Upon expiration of the five-year

period, the out-of-state lawyer becomes ineligible to file an application for admission pro hac

vice in any Iowa court or before any Iowa agency without first registering and paying another fee

as required by this rule.

b. An out-of-state lawyer admitted pro hac vice after registration and payment of the fee as

required by this rule who later is fully admitted to the bar of Iowa must pay initial, special, and

regular assessments to the client security trust fund as required by Iowa Court Rule 39.6.