Q: Do i have to obtain a lawyer that lives in my state ?

A: This is a great question. For many areas of law it is best to hire an attorney in the state where you have your dispute or other legal issue. Many areas of law like family law and contracts can vary from state to state. If you are getting divorced, you want a divorce attorney who knows the laws of your state well. You also want an attorney who knows the judges that your case will likely be before. There is an old adage that a good attorney knows the law and a great attorney knows the judge. There is nothing sinister behind this. An attorney that knows the types of arguments that the judge likes and does not like has an advantage.

When engaging in litigation, you will usually have to have an attorney in the state the lawsuit is being litigated in be on your team. They do not have to be lead counsel, but they need to be there to ensure that you follow the local rules. This is commonly referred to as local counsel. Sometimes using the local attorney as your principal attorney is best as they usually know the local laws. In cases that require specific expertise, such as antitrust, patents, or maritime, it may better to have an out of state attorney that specializes in that area of law be lead counsel if there are not specialists in your state. Local counsel can be used to give feedback on the judge, etc.

Other areas of law like patents, trademarks and copyright are based on federal law and can be addressed by an attorney anywhere in the country. For example, patent attorneys are licensed before the United States Patent and Trademark Office. They are allowed to do patent work in any state regardless of whether they are licensed to practice law in that state or not.

One of the most important factors in hiring an attorney is whether you communicate well with your attorney. Poor communication can make a legal matter much more difficult.

A: When seeking legal representation, it is typically important to find an attorney who is licensed to practice in the state where the legal issue is occurring or where the lawsuit will be filed. This is because laws can vary significantly from state to state, and only a licensed attorney in that jurisdiction will be permitted to appear in court or provide legal advice on state-specific laws.

However, if the matter involves federal law, an attorney licensed in any state may be able to assist, provided they are admitted to the specific federal court handling the case. In some situations, lawyers can work with local counsel or receive special permission to practice in a state for a particular case, known as pro hac vice admission. It is essential to discuss the specifics of your case with a qualified legal professional to determine the best course of action.

A: It could depend on the nature of your matter. As my colleagues correctly indicate, there are matters involving federal practice areas that don't require a local attorney. But with many common day-to-day things such as divorces, real estate purchases, accidents, wills, etc., they generally require attorneys who practice within the state. Good luck