ATTORNEYS - ADMISSION TO PRACTICE

(a) Appearance by Attorneys Admitted to Practice Before the District Court. (1) Attorney. An attorney admitted to practice before the district court may practice before the bankruptcy court. An attorney who is not admitted to the bar of, or permitted to practice before, the district court may not appear before the court on behalf of a person or entity, except as provided by this rule.

Attorneys appearing before the court must have read the FRBP, F.R.Civ.P., F.R.Evid., and these rules in their entirety. (2) Scope of Appearance in Chapter 9, 11, 12, and 13 Cases. In chapter 9, 11, 12, and 13 cases, the attorney for the debtor is presumed to appear for the case and all proceedings in the case, unless otherwise ordered by the court or as provided for in LBR 3015-1(v). 36 LBR 2090-1 (3) Scope of Appearance in Individual Chapter 7 Cases.

Nothing in these rules shall be construed as prohibiting a limited scope of appearance in a chapter 7 case so long as the applicable Rules of Professional Conduct and ethics rules are followed and the attorney for the debtor, in addition to preparing the petition and schedules, provides the following services: (A) advises the debtor about the possibility of any additional proceedings related to or arising from the underlying bankruptcy case, including any adversary proceeding, motion or other contested matter initiated by a creditor, trustee or party in interest; and (B) appears with the debtor at the initial § 341(a) meeting of creditors or arranges for an attorney knowledgeable about all pertinent information in the case to appear with the debtor at such meeting. (4) Disclosure of Compensation. Where the attorney and the debtor agree to legal services for less than all aspects of the bankruptcy case, the scope of the services form F 2090- agreed 1.CH7.ATTY.COMP.DISCLSR and F 2016-1.4.ATTY.COMP.DISCLSR. in, as applicable, LBR to must be listed (5) Communications with the Debtor in Limited Scope Chapter 7 Cases. Subject to the prohibition on any act to collect a claim and other stayed acts under 11 U.S.C. § 362(a), any communication, including any proposed reaffirmation agreement, must be sent to both the debtor and the debtor’s attorney, even if it appears that the communication is beyond the scope of the attorney’s limited appearance in the case.

(b) Pro Hac Vice Appearance. (1) Permission for Pro Hac Vice Appearance by Non-Resident Attorney. Any person who is not otherwise eligible for admission to practice before the court, but who is a member in good standing of, and eligible to practice before, the bar of any United States court, or of the highest court of any state, territory, or insular possession of the United States, who is of good moral character, and who has been retained to appear before the court, may, upon written application and at the discretion of the court, be permitted to appear and participate pro hac vice by non- resident attorney in a particular case or in a particular proceeding in a case. Only one application and fee are required per case, even if the party to be represented is involved in both a case and a proceeding, in multiple proceedings within that case, or in cases that are jointly administered or substantively consolidated.

(2) Disqualification from Pro Hac Vice Appearance. Unless authorized by the Constitution of the United States or Act of Congress, a non-resident attorney is not eligible for permission to appear pro hac vice if the applicant: (A) Resides in California; or 37 LBR 2090-1 (B) Is regularly employed in California; or (C) Is regularly engaged in business, professional, or other similar activities in California. (3) Designation of Local Counsel. A non-resident attorney applying to appear pro hac vice must designate an attorney who is a member of the bar of the court and who maintains an office within this district as local counsel with whom the court and opposing counsel may readily communicate regarding the conduct of the case and upon whom documents may be served, unless otherwise ordered by the court.

(4) Designation of Co-counsel. A judge to whom a case is assigned may, in the exercise of discretion, require the designation of an attorney who is a member of the bar of the court and who maintains an office within this district as co-counsel with authority to act as attorney of record for all purposes. (5) Obtaining Permission for Pro Hac Vice Appearance. A non-resident attorney seeking permission to appear pro hac vice must present to the clerk: (A) Proof of payment of the fee required by the district court; and (B) A written application on or conforming to court-approved form F 2090- 1.2.APP.NONRES.ATTY, Application for Non-Resident Attorney to Appear in a Specific Case, disclosing the following: (i) The applicant’s name, and office or residence address; (ii) The courts to which the applicant has been admitted to practice and the respective dates of admission; (iii) A statement by the applicant of the good standing to practice before the courts to which the applicant has been admitted; (iv) Whether the applicant has been disciplined by any court or administrative body, and if disciplinary proceedings are pending, the details of such proceedings, and whether the applicant resigned while disciplinary proceedings were pending; (v) Whether in the 3 years preceding the application, the applicant has filed for permission to practice pro hac vice before any court within the state of California, together with the court, title and number of each such proceeding, and the disposition of each such application; (vi) A certificate that the applicant has read the FRBP, the F.R.Civ.P., the F.R.Evid., and these rules in their entirety; and (vii) The designation required by LBR 2090-1(b)(3) or LBR 2090-1(b)(4) including the office address, telephone number, and written consent of 38 LBR 2090-1 the designee.

(6) No Notice and Hearing. An application by a non-resident attorney for permission to appear pro hac vice does not require notice or a hearing, pursuant to LBR 9013-1(q). (c) Attorneys for the United States. Any person who is not eligible for admission under LBR 2090-1(b), or Local Civil Rules, who is employed within California and who is a member in good standing of and eligible to practice before the bar of any United States court, or of the highest court of any state, territory or insular possession of the United States, and who is of good moral character, may be granted leave of court to practice in the court in any matter for which such person is employed or retained by the United States or its agencies.

(d) Professional Corporations, Unincorporated Law Firms, and In-house Attorneys. (1) Appearance. A professional law corporation or unincorporated law firm (collectively, “law firm”) may not make an appearance on behalf of a party nor may pleadings or other documents be signed in the name of the law firm except by an attorney admitted to the bar of or permitted to practice before the court. This rule does not apply to appearances by the attorney on behalf of the attorney or on behalf of the attorney’s law firm.

(2) Form of Appearance. (A) A law firm must appear in the following form of designation or its equivalent: John Smith (state bar number) Smith and Jones Address Telephone Number Fax Number (if any) Email Address (if any) Attorneys for _____________________ (B) An in-house attorney must appear in the following form of designation or its equivalent: John Smith (state bar number) Name of corporation or business entity Address Telephone Number Fax Number (if any) Email Address (if any) Attorneys for _____________________ (C) Except as provided in LBR 1002-1(b) and LBR 2002-1(a), the disclosure of 39 LBR 2091-1 an email address by an attorney in the form of designation is optional. (e) Law Student Certification for Practice in Bankruptcy Court. A law student may be certified for practice in the bankruptcy court if the student meets the requirements of Local Civil Rule 83-4 for appearances in civil cases, except that the student need only complete one-third (rather than one-half) of the legal studies required for graduation.

The law student also must have: (1) Taken or be taking concurrently a course in bankruptcy law; and (2) Knowledge of and familiarity with the F.R.Civ.P., FRBP, F.R.Evid., the Rules of Professional Conduct of the State Bar of California, and these rules.