Hiring an Interstate Lawyer in Personal Injury Cases: What You Need to Know

If you’ve been involved in an accident outside your state that may lead to a legal case, you have a choice to make when it comes to hiring an attorney to help you. As a general rule, cases must be filed in the state where the accident took place. But many people like working with lawyers with whom they already have a relationship. So can you retain your preferred lawyer even if they are not from the state in question? The answer depends on a few things.  

The legal situation 

Lawyers in the United States are not licenced to practice nationally, but rather only in their specific state (although some attorneys may be qualified in multiple states, if they have sat the bar exam in more than one jurisdiction). This creates a problem if your own lawyer is not licenced in the state where the accident happened.

Sometimes, however, a lawyer can ask a court in another state for a limited licence to act there. This is more likely to be granted in certain situations – for example, when a company has an in-house counsel, or in legal aid or public defender cases. 

A state may also permit a lawyer to act on a pro hac vice basis (this is Latin for “for a specific case”). This is a discretionary power for the court in question. Different courts will take different approaches to this. Some will look more favourably on applications made by lawyers who have practiced for a long time, or who can otherwise show their familiarity with the law of the relevant state. The lawyer usually needs to affirm that they will comply with the local rules, as well as having a local attorney confirm that he or she is of good standing. 

In general, pro hac vice licences are only granted on a fairly limited basis and are often subject to conditions. Some states recognise the ‘Uniform Bar Exam’; however, even lawyers who hold this qualification should not assume that they are licenced wherever they need to be without further investigation as each state has its own requirements. 

The practical situation 

Of course, it’s not only a matter of considering whether an attorney can represent you in another state, but whether it’s a good idea. It’s understandable that you may want to use the services of someone near you. It’s important to many people to be represented by someone they know or who has been personally recommended to them by someone they trust - and there are other practical considerations too. Someone in your town is easier to visit in person, which many find preferable to written or telephone communication. 

However, state laws can vary, and your case will be decided subject to the law in the state where it is filed. You need to be sure that your attorney has the relevant expertise.  

Your lawyer is under an obligation to let you know if they do not have the required knowledge and experience. You may find that, if you approach an attorney about your case, they will be able to tell you straight away whether they can take your case on; if they cannot, they may be able to refer you to someone who can help. 

Otherwise, if you’re wondering how to go about finding a lawyer in another state, you might want to start by consulting that state’s attorney directory, which you should be able to find online. There are also a number of online databases of lawyers across the country to help you find the attorney you need.