How Mr. Phillips Handles Cases Across the USA

Attorney Kenneth Phillips is involved in dog bite cases throughout the United States. He does this by teaming up with lawyers near the scene of the accident or the courthouse where the case would be tried if there were no settlement. This "partnering" with local attorneys does not cost the client anything more than having just one lawyer, because the attorneys split the fee agreed to by the client, pursuant to the law of the state where the accident happened. Different states have different laws that pertain to legal "fee-splitting." The fee is always contingent upon success (no recovery means no fee).

The local lawyer often brings a motion to have Phillips admitted to practice before the court in the state where the accident occurred. This is called "pro haec vice" admission. After Phillips is admitted, he prosecutes the lawsuit in that state like any other attorney would. In all such cases, Phillips, the client and the local attorney enter into written agreements which --

• Describe the rights and obligations of each of them, including how both attorneys will be paid;
• Specify how Phillips and the local attorney will divide the work and responsibilities; and,
• Confirm that the client will not have to pay an extra fee because of the local lawyer.

Courts throughout the USA permit attorneys to practice law in this manner. The general rule is as follows: "Activities in contemplation of [pro haec vice] admission [to practice law in a state outside the state in which an attorney is licensed] are also authorized, such as investigating facts or consulting with the client within the jurisdiction prior to drafting a complaint and filing the action." Restatement of the Law Third, The Law Governing Lawyers, section 3, comment (e), p. 27. (See., i.e., South Carolina Bar Assn., Ethics Opp., "When May An Out-of-State Attorney Practice Law in South Carolina?" (adopted Mar. 17, 2006), referencing Rule 5.5(c)(2) of the S.C.Sup.Ct. Rules.)

Phillips strictly follows the American Bar Association rules pertaining to the multijurisdictional practice of law. Because he lives in California, has his offices only in that state, and is a member of only the California State Bar Association, Rule 5.5 requires him to associate a local attorney in states which permit the limited practice of law in their jurisdictions by out of state lawyers. Generally speaking, many American states permit it, and in each such state Phillips also must comply with the particular rule pertaining to out of state attorneys and splitting fees.

There are some states, such as North Carolina, that still attempt to defend their turf by prohibiting even the leading legal experts from practicing law if they are from out of state. Phillips accepts cases in those states only after a local attorney requests. There are many who contend that such rules are anti-consumer, fail to reflect modern realities, and do nothing to ensure competence -- for example, no bar examination asks even a single question about dog bite law.