Nationwide Legal Representation: How Our Firm Serves Clients in the U.S. Where Our Attorneys are Not Licensed
Each state requires attorneys to be licensed to practice law within their borders. If an attorney is not licensed to practice law in a state, but does so, the State may consider it the unlicensed practice of law. That attorney engaging in the unlicensed practice of law may be subject to various consequences.
Our nine of so attorneys are not licensed in every state. We nonetheless handle personal injury cases across the United States from time to time. We do so in compliance with the Rules. Keep reading to learn how.
Our attorneys are licensed in Maryland, Pennsylvania, Massachusetts, Florida, North Carolina, and Texas only. (DC coming soon)
Several of us are licensed in Maryland. We have two lawyers in Massachusetts. One in a few others. We expect DC to admit one of our attorneys soon.
Although not licensed in other states, we represent people in other states. We do so by adhering to local rules and practice. We write this to explain how that works, and to share how doing so has helped us become better lawyers. Our nationwide experience blessed us with incredible experience, deep expertise, empathy to connect with people from all backgrounds and walks of life. It’s not a coincidence we are seen as an authority on various legal and practice topics; it’s the result of commitment, focus, and discipline.
Nationwide Practice with Local Expertise
In states outside our direct licensure (MD. MA, FL, NC, PA, and TX), we navigate the complexities of national legal practice through two primary methods:
- Direct filings in consolidated complex actions, such as mass torts or bankruptcies; and
- Working with licensed attorneys in other states via co-counseling relationships or pro hac vice admissions. This allows us to extend our reach without compromising on the quality of representation. Some examples follow.
Sometimes a client resides in one state, but the tort – the action or omission that caused their injury – occurred in another state. The state where the tort happened is one in which we’re licensed. Since we would file the lawsuit in the state where the tort occurred, which is where we are licensed, we can handle those cases easy-peasy.
Co-Counseling and Pro Hac Vice
Other times an attorney in the client’s “home state” will bring us in to litigate in the state where the tort happened, where we’re not licensed. That lawyer may have a complex products case and s/he wants someone with more experience in product liability cases.
Sometimes a lawyer has a good nursing home case where the facility will not settle for fair value. Knowing our firm has excellent nursing home lawyers, and a nationally-recognized, award-winning trial lawyer, Reza Davani, they bring us into their state to try the case.
As a final example, sometimes a person in a state where we are not licensed turns to us for help with a catastrophic injury requiring a burn injury attorney or a medical device case. We work with a lawyer licensed in their state. We may obtain “local counsel” in the state where we’re not licensed and that lawyer helps us with the nuances of local practice and law. If we litigate in courts where we are not licensed, we ask permission from the Court via a pro hac vice application.
In sum, we may co-counsel with other law firms, meaning team-up and do the case together. We may refer the case to someone in a state where we’re not licensed. They may refer to us and back us up on the law of their state, or we bring in a third, local firm to help. In such situations, the client does not pay more of an attorney fee. Rather, the lawyers share the fee in some way, either by being jointly responsible, or consistent with the work they put in. There are other ways to do it.
Other Nuances
Some practice areas involve federal law and practice in federal courts such that you needn’t be licensed in a particular state. This may apply to immigration and some discrimination law actions. Sometimes we can handle cases in a bankruptcy court as well. To be clear, we do not practice bankruptcy law. Instead, sometimes defendants file bankruptcy and personal injury claims are resolved within that bankruptcy court, which again, does not require admission within a particular state.
Other times, there are thousands of people injured by a defendant and cases are consolidated before one court. For example, a medical device fails and injures thousands of people in the 50 states, or a drug causes a disease or condition in patients across the U.S.. In such situations, Lawyers file lawsuits in these various states. Through a specific process, these cases are consolidated before one federal court (the term associated with this is generally, MDL). That Court implements procedures to allow attorneys licensed outside of its jurisdiction to litigate cases there.
The MDL court may allow for direct filings without a pro hac vice (PHV). In other cases, we take a case and work together with a lawyer within a state in which we’re not licensed and get PHV’d into the case. Or, we simply connect that local lawyer with the client in the state in which we are not licensed.
The bottom line is that even if we are not licensed in a client’s state, we may be able to help. In doing so, we endeavor to follow local rules regarding the practice of law to avoid the unlicensed practice of law. We respect those rules because they’re designed to protect the people we care about, clients. This requires a case-by-case or litigation-by-litigation analysis.
Understanding Pro Hac Vice
One of the ways we can work on cases in states outside those in which our attorneys are licensed is through a process called, pro hac vice (“PHV”), as mentioned above.
Pro hac vice, a Latin term meaning “for this occasion,” is a legal practice that allows an attorney who is not licensed in a specific state to represent a client in that state’s court system for a particular case. This application is subject to approval by the Court. It typically requires association with a locally licensed attorney. This process ensures that all legal representations meet the specific requirements and legal standards of the jurisdiction in which the case is tried.
In such situations, the firm handling the case is often called, lead counsel, and we refer to the local firm as, local counsel. We have served in both capacities – as lead and local counsel. To be clear, PHV is not a free-for-all. It’s not an end-around and shouldn’t be taken as a disregard for states’ licensing powers. The Rules can be complicated, especially in certain situations. We’ve made mistakes here; it’s not for the faint of heart, but it is a very important part of the practice that allows clients to receive representation from experienced attorneys willing to take on tough cases.
Years of Experience in Diverse Legal Environments
Our firm has years of collective experience handling pro hac vice admissions and all the aforementioned arrangements across various states. Our personal injury lawyers have litigated in dozens of states, in state and federal court. Like Farmers’ Insurance, we’ve seen a thing or two.
This allows us to bring sophisticated experience to many clients. Our personal injury attorneys have probably practiced in most states by this point, through MDLs or via Pro Hac Vice. Again, that does not mean we’re licensed to practice in all these states, that we think we know it all everywhere, or that we do not respect the Rules concerning the practice of law. Rather, this is meant to be informative for clients we represent who may be outside our states of licensure. And of course, many firms do this. It is a common practice in mass torts, for example.
Law firms around the U.S. send clients to us from all 50 states because they trust us. They know we care about the clients, we will work hard on the matter, we have the experience and expertise to handle it, and are recognized as an authority to command respect from the other side. So we write this to explain to those of you who may wonder, if you’re only licensed in these states, how are you handling a case in mine. (Of course, you should ask us directly!)
Another reason we mention this is because this extensive experience has equipped us with a deep understanding of different judicial landscapes, including local rules, practices, and the nuances of regional juries, judges, and opposing counsel. We have learned from the best judges, local, and defense lawyers across the country. (Yes, we learn from opposing counsel!) It is one of the ways we have honed our skills and experience as attorneys because we have been blessed with the opportunity to learn from incredible attorneys and Judges across the country.
Collaborating with Local Counsel
To enhance our service and uphold local legal practices, we work with local attorneys in each state when we must. These partnerships help us grasp the subtle local nuances and ensure our clients receive quality representation. Whether it’s navigating local procedural nuances or engaging with local judicial authorities, our combined efforts are designed to offer superior legal support tailored to the specific needs of our clients. This is not required in every case, but it is part of the analysis when we evaluate cases. Sometimes we elect to not be lead counsel and defer to the local counsel. We also refer cases to other firms.
Referrals and Networking
Just because we can, does not mean we always do. Many times cases come to us from states where we are not licensed. They are single-event cases or product cases involving a small number of people. They may not be complex or involve injuries or damages that will, in our humble opinion, likely result in significant enough recovery to the client to justify the potential costs involved (e.g., us flying out to the state for depositions or trial, using out of state experts, etc.). We therefore work with other firms across the country. We refer cases to attorneys in other practice areas too since we are primarily personal injury lawyers.
Beyond our direct legal services, we also engage a robust network. We partner with attorneys across the states. We refer cases to them when we determine we are not in the best position to handle the case or when it serves the interests of our clients. We may share fees and remain jointly responsible in such situations, although the other firm takes the lead and handles the majority of the case. This collaborative approach broadens our service capability and enriches our firm with diverse legal perspectives, expertise, and experience.
Many times we call these situations “referrals,” but in many ways it’s a misnomer. Many states prohibit attorneys from sharing attorneys’ fees just for a referral. They require joint responsibility. If we share fees, we always intend to do it in accordance with the Rules. And it is also important to note that this should not increase the total fee to the client. Rather, the contingency fee amount is simple split among the attorneys. In sum, our firm is part of a network of experienced attorneys and we are always growing our relationships. But don’t just go by us, each client must independently evaluate the attorney handling the case.
What Does Nationwide Representation Mean?
It means being able to represent people across the entire nation. Being able to represent people nationally requires one of two things.
It could require having a lawyer within the firm that is licensed in each state in the nation. There are probably few, if any, plaintiffs’ firms that can provide nationwide representation in that pure sense. Few plaintiffs’ firms have 50 lawyers, let alone one licensed in every state (some lawyers are licensed in more than one, so it doesn’t necessarily require 50 lawyers.). We do not have a lawyer licensed in every state. We are a small firm with big experience. A focused, niche firm that does several things really well, litigates and tries cases among the best in the nation. And we represent people nationally.
Being able to provide nationwide representation does not necessarily being being licensed in every state. So the second way a firm can represent people nationally is by working with lawyers licensed in the states where we are not licensed. So to us, nationwide representation means we are willing to go anywhere in the nation and find away to get justice for clients.
Whether it’s using our own state license, obtaining pro hac vice permission from local courts where we are not licensed, litigating in federal court, participating in federal or state consolidations, or working with local attorneys with them as lead counsel or supporting us, we’re here for victims across the nation.
In the future, lawyers may be able to provide nationwide representation regardless of their state of licensure. States are reevaluating the current system and reforming the Rules. There may come a time when lawyers are able to practice nationwide. For now, it’s a bit more complicated, but at the end of the day, we’re here for you. We disclose our licensure on our website, letterhead, and documents and we follow the Rules. We know how to get it done and because of our professional activities, our reputation and experience, we have a network to draw upon and bring nationwide representation to those in need.
Comprehensive Legal Representation
At KBD, we are committed to providing top-tier personal injury lawyer services. That comes in many forms. Whether directly through our licensed attorneys, or via our nationwide network of trusted legal partners, we strive to ensure that your case is handled with professionalism and the tailored attention it deserves. We don’t always get it right, so we appreciate constructive criticism and we learn and grow from it.
So that’s a little bit about how this works. If you or a loved one has been injured, contact us today to learn more about how our personal injury attorneys can help you achieve the best possible outcome for your case, regardless of where it happened. If we are not licensed in the state where an action is filed, we will work with local counsel or try to help you find someone else. Our team is ready to bring their vast experience and resources to support you through every step of the legal process.