What To Do In An Accident Occured Outside Your Home State | The Schafer Law Office

What To Do In An Accident Occured Outside Your Home State

Auto Accident What if you were involved in an accident outside of your home state? What are you going to do?

Out-of-state accidents
There is always risk when you are driving on the road. This risk can sometimes be even higher if you are driving in another state. You are unfamiliar with the streets, and you may not be used to the traffic and driving patterns there.

If you or your loved ones have been involved in a road accident outside your home state, here’s the good news, the law allows you to hire an out-of-state lawyer. You can hire an attorney from anywhere you want. Basically, what the lawyer would do is apply for admission to that state for that case only. This is known as pro hac vice.

For example, let’s say an accident happened in Tennessee, but you live in Kentucky. The state of Tennessee permits a lawyer not licensed to practice law in the state but who is licensed in another U.S. jurisdiction. Tennessee also allows a lawyer who resides outside of Tennessee to appear pro hac vice, file pleadings, motions, briefs and other papers. Such lawyer is able to fully participate in particular proceeding before a trial or appellate court of Tennessee. However, appearance pro hac vice is subject to conditions such as if they are licensed, has a good standing and if they have been retained by a client.

Use of out-of-state lawyers in Kentucky
In Kentucky, several rules are also laid out for admission pro hac vice. It is the Kentucky Bar Association which governs pro hac vice admission for Kentucky Circuit Courts. In order to appear before these courts, out-of-state attorneys must associate with local Kentucky counsel. Other requirements for pro hac vice admission in Kentucky are Out-of-State Certification Request Form, Certificate of Good Standing from the attorney’s home state and payment of non-refundable application fee. However, applications to appear pro hac vice are not accepted all the time. In its discretion, a state court may deny such application or request based on valid grounds or just causes.

Using out-of-state lawyers is not always the best idea since the rules and laws are different in each state. As a Kentucky Personal Injury Attorney, I always advise to contact a lawyer you know well. They will give you the advice needed for that specific situation.

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