A Blog About Intellectual Property Litigation and the District of Delaware

Entries for tag: Pro Hac

DALL·E 2022-12-20 17.09.05 - digital art of state of delaware forlornly looking at shoes
AI-Generated, displayed with permission

One of the better known quirks of Delaware practice is the requirement of association with "Delaware Counsel." This requirement is more stringent than any other jurisdiction that I know of, requiring a Delaware lawyer to sign and file all papers in the action:

Association with Delaware counsel required. Unless otherwise ordered, an attorney not admitted to practice by the Supreme Court of the State of Delaware may not be admitted pro hac vice in this Court unless associated with an attorney who is a member of the Bar of this Court and who maintains an office in the District of Delaware for the regular transaction of business (“Delaware counsel”). Consistent with CM/ECF Procedures, Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Unless otherwise ordered, Delaware counsel shall attend proceedings before the Court.

D. Del. LR 83.5(d)

Although the requirement itself is generally well known, the highlighted clause is fairly obscure, and ...

Sometimes, it can be hard to take a hint.
Sometimes, it can be hard to take a hint. Edwin Hooper, Unsplash

Last month, we wrote about out-of-town co-counsel who the Court suggested may have mis-handled confidential information. The out-of-town counsel failed to appear for a hearing about the incident back in May.

Afterwards, opposing counsel requested sanctions including revocation of his pro hac admission, the out-of-town counsel withdrew his pro hac appearance. Since his withdrawal in May, the case has been re-assigned to Judge Williams, and Court had been quiet on this issue—suggesting perhaps he had successfully skirted any sanctions by mooting the relief.

Shortly after the withdrawal, the party got new Delaware counsel, and the previous Delaware counsel (who had to defend the failure to appear) withdrew. …