Foreign Lawyers in New York Courts: Pro Hac Vice and Local Counsel

The Short Answer

In New York state court, yes. The Court of Appeals rule on pro hac vice admission, 22 NYCRR 520.11(a), covers “an attorney and counselor-at-law or the equivalent who is a member in good standing of the bar of another state, territory, district or foreign country.” Admission is in the court’s discretion, and for pretrial or trial proceedings the rule requires association with a member in good standing of the New York bar “who shall be the attorney of record in the matter” (22 NYCRR 520.11[c]).

In the Southern and Eastern Districts of New York, the answer is usually no. Local Civil Rule 1.3(i) of the joint SDNY and EDNY rules limits pro hac vice to “a member in good standing of the bar of any state or of any United States district court.” A lawyer admitted only outside the United States does not meet that test.

New York State Court: What the Motion Needs

The motion is made in the court where the case is pending, by the New York attorney of record. It shows that you are an attorney and counselor-at-law, or the equivalent, in good standing where you are admitted. For a lawyer admitted abroad, that proof comes from the body that admits or regulates lawyers in your country.

Language matters. CPLR 2101(b) requires every paper served or filed to be in English, and where an affidavit or exhibit is in a foreign language, “it shall be accompanied by an English translation and an affidavit by the translator stating his qualifications and that the translation is accurate.” A certificate of good standing issued in another language needs that translation before it goes in.

Once admitted, you practice under New York’s rules. 22 NYCRR 520.11(e) requires an attorney admitted pro hac vice to comply with the standards of professional conduct imposed on members of the New York bar, including the Rules of Professional Conduct, and makes you subject to the jurisdiction of New York courts for acts during your participation in the matter.

Federal Court in New York: Local Civil Rule 1.3

The Southern and Eastern Districts share one set of local rules. Pro hac vice under Local Civil Rule 1.3(i) is open to a member in good standing of the bar of any state or of any United States district court. The motion must be accompanied by a certificate of good standing for each state where the applicant is a member of the bar, issued within 30 days of filing (Local Civil Rule 1.3[k]).

If your only admission is abroad, the federal route is closed to you personally. The case still goes forward: New York counsel appears for the client, signs and files, and you consult on the merits. If you also hold a U.S. state admission, you may qualify on that basis, and the certificate comes from that state.

A Foreign Legal Consultant License Does Not Put You in Court

New York licenses foreign lawyers as legal consultants under 22 NYCRR Part 521, but the license stops at the courthouse door. 22 NYCRR 521.3(a) provides that a licensed legal consultant shall not “appear for a person other than himself or herself as attorney in any court” in New York, “other than upon admission pro hac vice pursuant to section 520.11.” Litigation still runs through pro hac vice and a New York attorney of record.

Admitted in New York but Living Abroad: The Office Rule

Many lawyers trained outside the United States hold a New York admission and practice from another country. Judiciary Law § 470 lets an attorney admitted here practice while living elsewhere if his or her “office for the transaction of law business is within the state.” The Court of Appeals answered what that means in Schoenefeld v State of New York, 25 NY3d 22, 25 (2015): “the statute requires nonresident attorneys to maintain a physical office in New York.” A mailing address or a virtual office is a risk the statute does not forgive.

The consequence was settled in Arrowhead Capital Fin., Ltd. v Cheyne Specialty Fin. Fund L.P., 32 NY3d 645, 650 (2019). A filing by a New York attorney without the required office is not a nullity, and “the party may cure the section 470 violation with the appearance of compliant counsel or an application for admission pro hac vice by appropriate counsel.” The same opinion notes that the trial court may address prejudice and that the attorney may face discipline. The cleaner course is to start with compliant counsel: a New York attorney with an office here appears as counsel of record or co-counsel from the first filing.

How We Work With Lawyers Outside the United States

You keep the client relationship and the substance of the case. We serve as New York attorney of record, prepare and file the pro hac vice motion where it is available, handle the translation and good-standing paperwork with you, and keep the docket procedurally clean. Most of the work runs by email, which suits a different time zone.

Because our name goes on what is filed, we read what we sign, and we will raise anything that New York practice treats differently from your home system before it reaches the court.

Frequently Asked Questions.

Can a lawyer admitted in another country be admitted pro hac vice in a New York state court?

Yes, in the court’s discretion. 22 NYCRR 520.11(a) covers an attorney and counselor-at-law or the equivalent who is a member in good standing of the bar of another state, territory, district or foreign country. For pretrial or trial proceedings, 520.11(c) requires association with a member of the New York bar who is the attorney of record.

Can a foreign lawyer be admitted pro hac vice in the Southern or Eastern District of New York?

Usually not. Local Civil Rule 1.3(i) of the joint SDNY and EDNY rules limits pro hac vice to a member in good standing of the bar of any state or of any United States district court. A lawyer admitted only outside the United States does not meet that test. New York counsel appears in the case, and the foreign lawyer works on the substance behind the attorney of record.

Do papers in another language need a translation in New York state court?

Yes. CPLR 2101(b) requires every paper served or filed to be in English, and an affidavit or exhibit in a foreign language must be accompanied by an English translation and an affidavit by the translator stating his or her qualifications and that the translation is accurate. That includes a certificate of good standing issued in another language.

Does a New York foreign legal consultant license allow court appearances?

No. 22 NYCRR 521.3(a) bars a licensed legal consultant from appearing for another person as attorney in any New York court, other than upon admission pro hac vice under 22 NYCRR 520.11.

I am admitted in New York but live outside the state. Can I file a New York case?

Only with a physical office in New York. Judiciary Law 470 lets a nonresident New York attorney practice here if his or her office for the transaction of law business is within the state, and the Court of Appeals held in Schoenefeld v State of New York, 25 NY3d 22 (2015), that the statute requires a physical office. Under Arrowhead Capital Fin., Ltd. v Cheyne Specialty Fin. Fund L.P., 32 NY3d 645 (2019), a filing without the office is not a nullity, and the party may cure the violation with the appearance of compliant counsel.

Related: Pro Hac Vice Overview · Can I File Without Being Admitted? · Can I Appear Without PHV? · Do You Need New York Local Counsel? · PHV Application Guide · How Long Does PHV Take? · PHV by Order to Show Cause · PHV in SDNY and EDNY

This article is general information, not legal advice. Unauthorized practice of law questions are fact-specific. Consult New York counsel before relying on any of the general guidance here. Attorney advertising.

Admitted Outside the United States With a New York Matter?

Tell us the court, where you are admitted, and any deadline. We will tell you what New York requires and whether pro hac vice is available to you.

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