New Pro Hac Vice Rules in Michigan: Expanded Access and Streamlined Process

Effective January 1, 2025, major amendments to Michigan Court Rule 8.126 have overhauled the pro hac vice process for out-of-state attorneys. These changes aim to improve access to justice while streamlining application requirements. For attorneys seeking temporary admission in Michigan, understanding these new provisions is essential.

At Cardelli Lanfear, PC, we have extensive experience serving as local counsel for out-of-state attorneys navigating Michigan’s courts. With the removal of case caps and updates to filing procedures, we remain well-positioned to assist attorneys in effectively managing their pro hac vice applications and ensuring compliance with Michigan’s legal standards.

Key Changes to MCR 8.126

Removal of Case Limitations

Previously, out-of-state attorneys could appear in no more than five cases within a 365-day period. Under the new rules, attorneys who have applied for admission without examination to the State Bar of Michigan are no longer restricted in the number of cases they can handle pro hac vice.

Elimination of Fees for Public Interest Attorneys

The updated rules waive annual pro hac vice fees for attorneys employed by public defenders’ offices, prosecutor’s offices, legal aid organizations, or law school clinics that serve indigent clients. These changes facilitate broader participation from legal professionals dedicated to public service.

Temporary Admission for Entirety of Case

Once granted, temporary admission now extends through all phases of a case—including appeals, remands, mediation, or arbitration. However, if the admission is granted by an administrative agency or arbitrator, the out-of-state attorney must reapply for temporary admission if the case moves to court.

Updated Application Process

Under the previous rule, where to file the application was unclear. The revised rule now requires attorneys to first file their pro hac vice application with the State Bar of Michigan before submitting it to the relevant court, tribunal, or administrative agency. The applicant, rather than the sponsoring attorney, is responsible for submitting the granted or denied order to the State Bar of Michigan.

Other key application updates include:

Certificate of Good Standing: Must be issued within the last 30 days.
Affidavit from the Applying Attorney: Must confirm they have applied for admission under Michigan Board of Law Examiners Rule 5.
Sponsoring Attorney Statement: Must confirm familiarity with the affidavit, confirm the accuracy of representations, and ensure adherence to court rules.

Revocation and Sponsorship Withdrawal

Courts, tribunals, and administrative agencies now have explicit authority to revoke temporary admission if an attorney is found guilty of misconduct or is no longer in good standing. Upon revocation, notification must be sent to the State Bar of Michigan, the Attorney Grievance Commission, and the attorney’s state bar association.

Additionally, sponsoring attorneys may now withdraw their sponsorship. If withdrawal is granted, a new sponsoring attorney must be designated, and they assume responsibility for the case if the out-of-state attorney is unable to proceed.

How Cardelli Lanfear, PC Can Assist Out-of-State Attorneys

The revised pro hac vice rules present new opportunities for out-of-state attorneys practicing in Michigan. However, compliance remains essential, and missteps in the filing process can delay proceedings. Cardelli Lanfear, PC has a proven track record of assisting attorneys with pro hac vice motions, ensuring full compliance with Michigan’s procedural requirements. Our firm regularly acts as sponsoring local counsel, guiding attorneys through:

Application Preparation & Submission – Ensuring accurate and timely filings with the State Bar of Michigan and the courts.
Compliance with Sponsorship Requirements – Assisting in the preparation of necessary affidavits and sponsorship statements.
Strategic Case Management – Providing in-depth knowledge of Michigan’s court rules and judicial expectations.

Conclusion

The 2025 amendments to MCR 8.126 provide out-of-state attorneys with greater flexibility in pro hac vice appearances while clarifying procedural requirements. With these changes, partnering with a knowledgeable local counsel is more important than ever.

At Cardelli Lanfear, PC, we take pride in our ability to assist out-of-state attorneys as local counsel. For more information or to discuss your local counsel needs, contact Cardelli Lanfear, PC today.