Attorneys - Admission to Practice

U.S. Bankruptcy Court for the Eastern District of Pennsylvania

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Eastern District of Pennsylvania

Rule: 2090-1

Jurisdiction: EDPAB

Bluebook Citation: Bankr. E.D. Pa. L.R. Adm. R. 2090-1

(a) Attorney Practice Before the Court. An attorney may practice before this Court if he or she: (1) is admitted to practice in and presently in good standing before the United States District Court for the Eastern District of Pennsylvania; (2) represents the United States and is authorized to practice before the district court under Local Civil Rule 83.5(e) of the United States District Court for the Eastern District of Pennsylvania; (3) is admitted to practice pro hac vice under subdivision (b); or (4) is authorized to appear under Fed. R. Bankr. P. 9016 and Fed. R. Civ. P. 45(f). (b) Admission Pro Hac Vice. An attorney who is a member in good standing of the bar of any United States District Court or the highest court of any state or of the District of Columbia may be admitted to practice before this court in a particular case, matter, or proceeding.

(1) Adversary Proceedings. Procedure and Effective Date. A request for admission pro hac vice to appear in an adversary proceeding shall be made by verified motion of the attorney seeking such admission under L.B.R. 9014-2. An order admitting an attorney pro hac vice is not effective until the admission fee established by the district court is paid.

(2) Adversary Proceedings. Content. A request for admission pro hac vice to appear in an adversary proceeding shall: (A) identify all federal, state or other courts of which the attorney is a member in good standing or admitted and holding inactive status; -25- (B) state whether the attorney has been disbarred or suspended from the bar of any court or otherwise subjected to professional discipline; and (C) state whether the attorney is currently subject to any disciplinary proceedings. (3) Non-Adversary Proceedings.

Procedure, Content, and Effective Date. A request for admission pro hac vice to appear in any matter other than an adversary proceeding shall be made by verified motion of the attorney seeking such admission and is governed by subdivisions (b)(1) and (2), except that the court, in its discretion, may waive the requirement of a written motion and permit an attorney to make the motion orally on the record, including affirmation of the information required under paragraphs (A), (B) and (C) of subdivision (b)(2). An admission by oral motion is not effective beyond the initial appearance until the written motion is filed and the admission fee established by the district court has been paid. (c) Student Practice.

(1) Generally. A law student may appear before the court in any case, matter, or proceeding on behalf of any person if the person on whose behalf the law student is appearing has indicated in writing consent to that appearance and the approved supervising attorney, who must be counsel of record for the person on whose behalf the law student is appearing, has also indicated in writing his approval of that appearance. (2) Eligibility Requirements. In order to be eligible to appear before the court, the law student must, at the time of each such appearance (except as otherwise specified): (A) be duly enrolled in a law school approved by the American Bar Association; have completed legal studies amounting to at least three semesters, or the equivalent if the school is on a basis other than a semester basis; (B) be introduced to the court in which the law student is appearing for the first time by an attorney admitted to practice before the court; (C) announce to the court each time that the law student appears that the student is a law student appearing pursuant to this rule; (D) neither ask for nor receive any compensation or remuneration of any kind for services from the person on whose behalf he or she renders services; and (E) have read and be familiar with the Rules of Professional Conduct adopted by the Supreme Court of Pennsylvania, as amended from time to time, and any Rule of professional conduct adopted, from time to time, by -26- the United States District Court for the Eastern District of Pennsylvania, the Fed. R. Evid., the Fed. R. Civ. P., the Fed. R. Bankr. P., the Code, and the L.B.R. and the L.B.F. (3) Compensation.

An eligible law student may be paid by an attorney, legal services agency, law school, public defender agency, or government entity. (4) Termination of Eligibility. The eligibility of a law student to appear before the court or perform other services in a bankruptcy case or proceeding may be terminated by any judge within this district after notice and hearing. (5) Supervising Attorney.

Any member of the bar of this court who chooses to supervise an eligible law student: (A) shall be an attorney who has previously received from the Board of Bankruptcy Judges approval to supervise eligible law students, such approval having been given after the filing of an application; (B) assumes personal professional responsibility for the quality of the services performed by the law student; and (C) shall assist the law student in his or her preparation to the extent necessary to make the product of the law student's efforts indistinguishable from those of a licensed member of the bar. (6) Role of Students. The Clerk shall maintain a roll of all approved supervising attorneys and law students. (7) Miscellaneous.

Nothing contained in this rule shall affect the right of any person who is not admitted to practice law to perform any act he might lawfully perform prior to the adoption of this rule.

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