Multistate Professional Responsibility Examination (MPRE)Regulation of the Legal ProfessionEasy
Attorney Laura, licensed in State P, is representing a client in a complex commercial dispute in State Q. State Q's rules allow for pro hac vice admission. Attorney Laura applies for pro hac vice admission, but the judge denies her application without providing a reason. Can Attorney Laura continue to represent her client in State Q?
- ANo, unless she can appeal the judge's decision and win the appeal.
- BNo, because the judge's denial, even without a stated reason, effectively bars her from practicing in that specific case.
- CYes, because pro hac vice admission is generally granted as a matter of course.
- DYes, if her client agrees to her continued representation despite the denial.
Show answer & explanationAnswer & explanation
Correct answer: B. No, because the judge's denial, even without a stated reason, effectively bars her from practicing in that specific case.
Pro hac vice admission is discretionary, and a judge's denial, even if unexplained, is typically final for that particular matter, preventing the attorney from practicing in that court.
Why the other options are wrong
- A. While an appeal might be possible, she cannot continue to practice in the interim without the required admission.
- C. Pro hac vice is discretionary, not a right, and can be denied.
- D. Client consent does not override the court's authority regarding admission to practice.
Pro Hac Vice Discretion
Admission pro hac vice (for this turn only) is a discretionary privilege granted by a court, not a right, and can be denied by the judge.
- Allows out-of-state attorneys to appear in a specific case.
- Requires court approval.
- Granting or denial is at the discretion of the court.
Memory trick: Pro Hac Vice: Privilege, not a permanent pass.