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a member of the New York State Bar and the Federal District Court of Connecticut was denied permission to set up an office in Connecticut to practice bankruptcy law .
Q. So long as the lawyer is admitted to the federal bar of your state (and, depending on the state, the federal trial or bankruptcy bar), there should be no problem. Even an attorney from outside the state is OK, so long as they are admitted "pro hac vice," or for the purpose of the case?Bankruptcy court and my chapter 13? If so, what does she have to do?
A. It is more complicated that that- some jurisdictions say out of state attorneys who are only members of the Federal bar may practice in those states, others are more restrictive. As an example, a member of the New York State Bar and the Federal District Court of Connecticut was denied permission to set up an office in Connecticut to practice bankruptcy law (In re Peterson, 163 B.R. 665 (B.D. Conn 1994)). The rationale was that states control admission to the practice of law, and that bankruptcy is a mix of both federal and state law, which the state should be able to control. Other courts have taken the opposite view. To really answer the question, one would need to know the jurisdiction and other related facts.
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