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Local Yokels

By Michael Frisch

Opinion 387 of the District of Columbia Bar Legal Ethics Committee

The D.C. Bar Legal Ethics Helpline regularly receives calls from D.C. lawyers seeking clarification regarding their ethical obligations when they serve as local counsel for lawyers not admitted to practice in the District of Columbia. This Opinion addresses the ethical obligations of D.C. lawyers who are serving as local counsel in matters litigated in District of Columbia courts.  It draws on an article by D.C. Bar legal ethics counsel that appeared in the July/August 2022 edition of Washington Lawyer…

Although not defined in the D.C. Rules of Professional Conduct, the term “local counsel” is commonly used in the District of Columbia to describe a D.C. lawyer who has been engaged by a client that wants to litigate a case before a D.C. tribunal using the client’s out-of-state attorney as primary counsel.  Local counsel commonly helps the out-of-state attorney, or “lead counsel,” to obtain pro hac vice admission to the local courts per D.C. Court of Appeals (DCCA) Rule 49(c)(7).  Local counsel does not represent lead counsel; rather, both local counsel and lead counsel represent the mutual client.  Local counsel is not typically affiliated with the out-of-state attorney, but a D.C. attorney can serve as local counsel to other lawyers from the D.C. attorney’s firm who are seeking pro hac vice admission to D.C. courts.

DCCA Rule 49(c)(7) provides limited guidance regarding the duties of D.C. local counsel. The rule, which was amended in June 2022,  requires a pro hac vice applicant to “arrange[] to be supervised . . . by a D.C. Bar Member”  and  defines “supervise” as “mak[ing] reasonable efforts to ensure that another person conforms to the applicable Rules of Professional Conduct.”

The opinion discusses a number of rules.

Conclusion

The D.C. Rules of Professional Conduct make no distinction between “local counsel” and “lead counsel.” A lawyer serving as local counsel for litigation in a D.C. court remains subject to the D.C. Rules of Professional Conduct and must make reasonable efforts to ensure that non-D.C. lead counsel conforms to all applicable ethics and court rules.

(Mike Frisch)