Update to Rules of Court Re: Fees for Pro Hac Vice and Out-of-State Attorney Arbitration Counsel

The State Bar seeks public comment on language to implement prior action of the Board to increase pro hac vice and out-of-state attorney arbitration counsel fees to address Admissions budget shortfalls. Length of comment period: 30 days.

Deadline: December 27, 2023, 11:59 p.m.

Direct comments to

Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.

Background

In September 2023, the Board of Trustees adopted fee adjustments to address an $8.4 million structural deficit in the Admissions Fund. These adjustments included revisions to the pro hac vice and out-of-state attorney arbitration counsel fees paid to the State Bar. The rule changes are necessary to implement the approved increases.

Discussion/proposal

California Rules of Court (CRC) rule 9.40 provides that an applicant seeking to appear as counsel pro hac vice must pay a reasonable fee of up to $50, with the precise amount to be set by the Board of Trustees. The rule provides that the amount set by the Board is intended to cover the expenses and incidental consequences of administering this rule and to partially cover the expenses and incidental consequences of administering the Board’s other responsibilities to enforce the provisions of the State Bar Act relating to the competent delivery of legal services. 

CRC rule 9.43 provides that out-of-state attorney arbitration counsel must pay a reasonable fee not exceeding $50 to the State Bar of California. 

Rules of Court regarding other special admissions programs do not cap the amount of the fee, but rather direct the State Bar to set the appropriate fee. See: 

  • Rule 9.41.1(e): “The State Bar of California may set appropriate application fees and initial and annual registration fees to be paid by registered military spouse attorney [sic].” 
  • Rule 9.42(f): “The State Bar has the authority to set and collect appropriate fees and penalties for” the Practical Training of Law Students Program. 
  • Rule 9.44(f): “The State Bar has the authority to set and collect appropriate fees and penalties for” foreign legal consultants. 
  • Rule 9.45(f): “The State Bar of California may set appropriate application fees and initial and annual registration fees to be paid by registered legal aid attorneys.” 
  • Rule 9.46(f): “The State Bar of California may set appropriate application fees and initial and annual registration fees to be paid by registered in-house counsel.” 

The proposed amendments allow the Board of Trustees to implement the change to the application fee for appearing pro hac vice and as out-of-state arbitration counsel at the level previously approved by the Board, i.e., $500 for each application. In addition, the proposed amendments align the language of rules 9.40(e) and 9.43(f) with the language of CRCs governing other special admissions programs. 

Any fiscal/personnel impact

Pro hac vice and out-of-state arbitration counsel fee increases are projected to generate $2.4 million in increased revenue annually.

Background material
  • From the Board of Trustees meeting November 16—17, 2023: Agenda Item 50-6 Proposed Changes to California Rules of Court Relating to Fees for Pro Hac Vice (Rule 9.40) and Out-of-State Attorney Arbitration Counsel (Rule 9.43): Request to Circulate for Public Comment 
Source

Board of Trustees 

Deadline

December 27, 2023, 11:59 p.m.

Direct comments to

Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.