The U.S. District Court, Northern District of Florida consists of several Divisions, which are located in Gainesville, Panama City, Pensacola and Tallahassee. Joel Ewusiak is happy to serve as local counsel and co-counsel for lawsuits pending in the Northern District. To discuss your lawsuit, please contact Joel at firstname.lastname@example.org or 727.286.3559. The Northern District local rules permit pro hac vice admission for out of state counsel. The pro hac vice requirements are set forth below in Rule 11.1:
Rule 11.1 Attorneys
(A) Qualification for Admission to the District’s Bar. An attorney is qualified for admission to the District’s bar only if the attorney is a member in good standing of The Florida Bar. But an attorney who was previously admitted to the District’s bar may remain a member so long as (1) the attorney does not violate Florida law on the unauthorized practice of law and (2) there are no other grounds for the attorney’s removal from the District’s bar.
(B) Applying for Admission. An application for admission to the District’s bar must be under oath and must be submitted to the Clerk in the form the Clerk directs. The applicant must submit proof of membership in The Florida Bar in the form the Clerk directs. The applicant must pay the fee set by administrative order, except that an applicant who is an employee of the United States or a state or local government
need not pay the fee.
(C) Appearing Pro Hac Vice. An attorney who is a member in good standing of the bar of a jurisdiction where the attorney resides or regularly practices law may file a motion in a case for leave to appear pro hac vice. The attorney must pay the fee set by administrative order and must file proof of bar membership in the form the Clerk directs. Admission pro hac vice does not change the attorney’s obligation to comply with Florida law on the unauthorized practice of law.
(D) Other Appearances Prohibited; Exceptions for Emergencies and for Attorneys Representing the United States. An attorney must not file a document or appear at a trial or hearing unless the attorney is a member of the District’s bar or has been granted leave to appear in the case pro hac vice. But in an emergency, an attorney may file a document or appear while seeking admission to the District’s bar or leaveto appear pro hac vice. And an attorney may appear for the United States—or for a federal agency or federal employee on matters within the scope of employment— without being a member of the District’s bar or being admitted pro hac vice.
(E) Education. By administrative order, the District may require an attorney to successfully complete a tutorial on the local rules—or to meet a similar requirement—before being admitted to the District’s bar, appearing pro hac vice, or appearing for the United States. By administrative order, the District may require an attorney to successfully complete a tutorial on the electronic filing system—or to meet a similar requirement—before filing materials electronically.
(F) Participation by a Represented Party Prohibited. A party who is represented by an attorney must appear only through the attorney; the party may not file documents or participate in a trial or hearing on the party’s own behalf. A party who appears pro se may not be represented jointly or intermittently by an attorney. But an attorney may enter an appearance and thus end a party’s pro se status, so long as the
appearance will not delay a trial or other proceeding, and the Court may allow an attorney to withdraw even if doing so will leave the party without an attorney.
(G) Professional Conduct, Disbarment, and Other Discipline.
(1) Professional Conduct. An attorney must comply with the Rules of Professional Conduct that are part of the Rules Regulating The Florida Bar, as amended from time to time, or with any set of rules adopted by The Florida Bar in their place, unless federal law provides otherwise.
(2) Notifying the District of Any Disbarment or Suspension. An attorney who is disbarred or suspended from any jurisdiction’s bar must immediately notify the district by letter to the Clerk or Chief Judge, enclosing a copy of the disbarment or suspension.
(3) Effect of Disbarment or Suspension by The Florida Bar. An attorney who is disbarred or suspended by The Florida Bar stands automatically disbarred or suspended from the district’s bar, without further action, effective at the same time as disbarment or suspension from The Florida Bar. Reinstatement to The Florida Bar after a suspension automatically reinstates the attorney to the district’s bar. An attorney who is readmitted to The Florida Bar after disbarment may become a member of the district’s bar only by reapplying.
(4) Disbarment or Suspension on Other Grounds. An attorney will be removed or suspended from the District’s bar on any other ground only after notice and an opportunity to be heard. At the District’s option, the opportunity to be heard may be limited to submitting argument or evidence in writing. The attorney may be prohibited from acting on a case in this District after notice is given and while the attorney’s removal or suspension is under consideration. Grounds for disbarment or suspension include: (a) disbarment or suspension from any jurisdiction’s bar;
(b) conviction of, entry of a plea of guilty or nolo contendere to, or commission of a felony or misdemeanor; (c) a finding of, or conduct constituting, contempt of this or any other court; (d) a violation of the professional-conduct standards that apply under this rule’s paragraph (G)(1); or (e) other conduct inconsistent with the high level of professionalism expected in this District.
(5) Withdrawing from the District’s Bar. An attorney may withdraw from the District’s bar by giving notice to the Clerk.
(6) Reinstatement. The District may reinstate a removed or suspended attorney, or an attorney who has withdrawn, with or without conditions. A reinstated attorney must pay the admission fee unless the attorney is automatically reinstated under Local Rule 11.1(G)(3).
(7) Contempt. A person may be held in contempt of court if the person (a) acts as an attorney in this District in violation of this rule or (b) pretends to be entitled to act as an attorney in this District but is not.
(8) Other Restrictions or Discipline. For good cause, the District may limit an attorney’s activities in the District or impose other discipline, and the Court may limit an attorney’s activities or impose discipline in a case, after giving any appropriate notice and opportunity to be heard.
(H) Withdrawing in a Case.
(1) When Court Approval Required. An attorney who has appeared in a case may not withdraw unless: (a) the Court grants leave to withdraw; or (b) the client consents and the withdrawal will leave the client with another attorney of record who intends to continue in the case.
(2) Prior Notice. An attorney must not move for leave to withdraw without first giving 14 days’ notice to the client, unless giving notice is impossible. The motion must set out the client’s position on the motion.
(3) Nonpayment of Fees. An attorney ordinarily will not be allowed to withdraw based on a client’s failure to pay attorney’s fees or expenses if the withdrawal will delay a trial or hearing. And in a criminal case, a motion to withdraw based on a defendant’s failure to pay attorney’s fees or expenses ordinarily will be denied if made more than 7 days after the defendant’s first arraignment.
(I) Responsibility of Retained Counsel in Criminal Cases.
(1) Unless the Court, within 7 days after arraignment, is notified in writing of counsel’s withdrawal because of the defendant's failure to make satisfactory financial arrangements, the Court will expect retained criminal defense counsel to represent the defendant until the conclusion of the case. Failure of a defendant to pay sums owed for attorney’s fees or failure of counsel to collect a sum sufficient to compensate for all the services usually required of defense counsel will not constitute good cause for withdrawal after the 7-day period has expired.
(2) If a defendant moves the Court to proceed on appeal in forma pauperis and/or for appointment of Criminal Justice Act appellate counsel, counsel retained for trial will, in addition to the information required under Form 4 of the Rules of Appellate Procedure, be required to fully disclose in camera (a) the attorney’s fee agreement and the total amount of such fees and costs paid to date, in cash or otherwise; (b) by whom fees and costs were paid; (c) any fees and costs remaining unpaid and the complete terms of agreements concerning payment thereof; (d) the costs actually incurred to date; and (e) a detailed description of services actually rendered to date, including a record of the itemized time (to the nearest 1/10 of an hour) for each service, both in-court and out-of-court, and the total time. All such information submitted will be viewed in camera by the Court for the purpose of deciding the defendant's motion and will be a part of the record (sealed if requested) in the case.