Fort Lauderdale, FL asked in Contracts and Arbitration / Mediation Law for California

Q: I'm an attorney licensed to practice in Georgia, only. Can I appear as counsel for a Georgia LLC at CA mediation?

My client Member and his LLC were both sued in a CA Superior Court and I also want to appear as counsel at a mediation for the LLC and the individual LLC Member, as well.

3 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Arbitration & Mediation Lawyer
  • Mill Valley, CA
  • Licensed in California

A: You can appear only after you have an application granted by the court to appear "Pro Hac Vice". See: http://www.calbar.ca.gov/Admissions/Special-Admissions/Pro-Hac-Vice

Spencer Krupp agrees with this answer

David Keith Hicks
David Keith Hicks
Answered
  • Arbitration & Mediation Lawyer
  • Dunsmuir, CA
  • Licensed in California

A: The LLC cannot appear other than by counsel. To appear, you must find a local sponsoring lawyer to move your admission pro haec vice in the case, and that lawyer technically remains LEAD counsel in the case, and you cannot appear without that. But a mediation is not a court proceeding, and so you CAN participate there. Don't be surprised if the opposition is just using the mediation for discovery and doesn't want to settle; and don't be surprised if they try to make your status of non-admission into some kind of injury. The mediator should handle that OK (I'm a mediator, myself, sometimes).

Spencer Krupp agrees with this answer

David Keith Hicks
David Keith Hicks
Answered
  • Arbitration & Mediation Lawyer
  • Dunsmuir, CA
  • Licensed in California

A: in the above answer, "injury" should be "issue."

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