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Can an out of State Attorney Represent me in a Legal Malpractice Case?

Gaithersburg, MD |
Filed under: Medical malpractice

Not many Law firms handle Legal Malpractice dealing with Criminal defense and I have found 2 Law firms that do but they said they were not able to represent me because they had a relationship with my former Attorneys Law firm. I feel I have a good case and have been told after posting my situation that if I have proof that if My former Attorney had acted without negligence the result of my sentencing would have proved different. And I do because my 2nd sentence was reversed by the Court of Special Appeals. Please read my other questions for a detailed account of my case.

Attorney Answers 5


  1. A lawyer would have to be admitted for the purpose of handling your case together with an attorney admitted in order to represent you. Best to find a lawyer admitted to your state but maybe in a different area.


  2. I am not licensed in MD, but in almost all States you can have your attorney associate with local counsel and get admitted on a case by case basis on a pro hac vice motion. Every State is different, and in some, the trial court judge can grant, and in others, the State Supreme court has to rule on the motion.


  3. Generally an attorney would have to file a Motion requesting permission of the Court. The attorney would have to certify that he or she is familiar with the civil procedure of the State that he or she wants to practice in as well as that he or she is familiar in the subject matter of the litigation.

    I am sure it is different for each State, however; your best bet is to hire an attorney from the State where you want to file suit. I understand your situation - maybe you can have a co-counsel situation where 2 separate people jointly represent you. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.


  4. Use Avvo's "find a lawyer" tool to find a legal malpractice lawyer


  5. Yes, but the out of state attorney will have to have a licensed Md. attorney as cocounsel in order to petition the court to practice in the Maryland court.