New rules governing pro hac vice licensure that are designed to improve the process and increase access to justice in Michigan went into effect Jan. 1, 2025. The amendments to Rule 8.126 of the Michigan Court Rules, adopted in ADM 2022-10, include major shifts by eliminating the cap on cases and waiving certain fees for out-of-state attorneys working in the public sector or legal aid. The rules also include clarifications on the pro hac vice application process and required application materials.
Under the previous rules, out-of-state attorneys (now referred to as foreign attorneys in MCR 8.126) could appear in a maximum of five cases in any 365-day period.1 Under the new rules, out-of-state attorneys can appear in an unlimited number of cases so long as they have a pending application for admission without examination to the State Bar of Michigan.2
In addition, out-of-state attorneys pay an initial $155 fee for temporary admission, but all subsequent fees will be waived so long as the attorney has applied for admission without examination and they are employees of public defender’s offices, prosecutor’s offices, a legal services program that is a grantee of the federal Legal Services Corporation or the Michigan State Bar Foundation, or law school clinics providing indigent services.3
AT A GLANCE
Because MCR 8.126 requires that out-of-state attorneys have Michigan attorneys sponsor when seeking temporary admission to practice law under pro hac vice, all Michigan attorneys should know and understand the changes to pro hac vice rules.
KEY CHANGES TO MCR 8.126 EFFECTIVE JAN. 1, 2025:
- Case limits lifted for those applying for admittance to the State Bar of Michigan under Rule 5 (admission without exam)
- Annual fees eliminated for attorneys working in areas of public need
- Temporary admission granted for the entirety of a court case
- Applications must first be filed with the State Bar of Michigan
- Application and reporting requirements for attorneys and sponsors clarified
- Process established for sponsoring Michigan attorneys to withdraw
- Court authorized to revoke temporary admission
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Before adopting the new rules, the Michigan Supreme Court accepted public comment on the proposed changes. Karen Tjapkes, director of litigation for Legal Aid of Western Michigan, told the Court during the public hearing that the changes would allow her organization to hire more out-of-state attorneys and fill a crucial need.
“While we offer an excellent work environment and interesting and important work, we don’t offer the highest paid positions in the legal community. And in the last several years, we’ve had more openings than applicants, and recruitment and retention have become much more difficult,” she said. “This puts us in the tremendously difficult position of wanting to hire these out-of-state attorneys who will bring tremendous value to our programs and clients but having to use them as — at best — paralegals for four to six months.”
The State Bar of Michigan Board of Commissioners took a public policy position in support of the updates.
“This change is crucial to addressing the documented, significant need for legal aid and aligns with the Court’s Justice For All Commission’s goal of ensuring 100% access to Michigan’s civil justice system,” SBM Executive Director Peter Cunningham said in a letter to the Court.
In addition, an out-of-state attorney’s temporary admission remains in effect for the entirety of a case including appeals, remands, mediation, or arbitration.4 However, if temporary admission is granted by an administrative agency or arbitrator, the admission does not apply if the case goes to court.5 In those instances, the out-of-state attorney would need to apply for temporary admission to appear in court.6
An out-of-state attorney is required to notify the State Bar of Michigan if their application for admittance is denied or withdrawn and they are no longer eligible to appear in unlimited cases and are again limited to five cases in a 365-day period.7
APPLICATION CHANGES
Under the old rule, it was not clear where to file the application. The new rule requires the application to be filed with the State Bar of Michigan before filing it with the court, tribunal, or administrative agency.8 Once the pro hac vice motion is granted or denied, the out-of-state attorney (instead of the sponsoring attorney) must then submit the order to the State Bar of Michigan.
The attorney also must notify the State Bar of Michigan if the case is dismissed or closed before the court grants or denies the pro hac vice application.
Other changes to the application include:
- Certificate of good standing: Must be issued within the last 30 days.9
- Affidavit from applying attorney: A statement that the attorney has applied for admission under Michigan Board of Law Examiners (BLE) Rule 5 and has an application pending before the BLE.10
- Sponsoring attorney statement: Must include that the sponsoring attorney has read the affidavit and disciplinary disposition, that the sponsoring attorney believes the representation to be true, and that the sponsoring attorney will ensure that the court rules are followed.11
REVOKING SPONSORSHIP AND ADMISSION
With the revised rule, a court, tribunal, administrative agency, or arbitrator can revoke an out-of-state attorney’s temporary admission because of misconduct and is required to revoke admission upon learning that the attorney is no longer in good standing.12 If temporary admission is revoked, the court, tribunal, administrative agency, or arbitrator must immediately notify the State Bar of Michigan, Attorney Grievance Commission, and the attorney’s state bar association.13
Sponsoring attorneys also are allowed to withdraw their sponsorship under the new rules. If the court, tribunal, administrative agency, or arbitrator allows the withdrawal, then another sponsoring attorney must appear with the attorney. The sponsoring attorney has the authority to handle the case if a temporarily admitted attorney is unable to do so.14