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Preston v. University of Arkansas for Medical Sciences11/6/2003
ansas under Ark. Code Ann. § 16-22-206 (1987), and, thus, could not represent appellants in that case. In Abel, a person appeared pro se but purportedly tendered a motion on behalf of appellants, requesting that a certain document be added to the record on appeal. We ordered that the court of appeals strike any motions filed by that person on behalf of other parties.
In the case at hand, the Prestons' attorneys admitted that they were not licensed to practice law in Arkansas and, therefore, were unauthorized under § 16-22-206. The follow-up question, however, is whether they were authorized to practice law in Arkansas under the principle of comity.
Rule XIV of the Rules Governing Admission to the Bar establishes our principle of comity and reads in part:
A lawyer residing outside the State of Arkansas who has been admitted to practice law in the Supreme Court of the United States or in the United States Court of Appeals for the circuit in which the attorney resides or in the Supreme Court or the highest appellate court of the state of the attorney's residence, and who is in good standing in the court of the attorney's admission, will be permitted by comity and by courtesy to appear, file pleadings and conduct the trial of cases in all courts of the State of Arkansas. However, any trial court may require such nonresident attorney to associate a lawyer residing and admitted to practice in the State of Arkansas upon whom notices may be served and may also require that the Arkansas lawyer associated be responsible to the court in which the case is pending for the progress of the case, insofar as the interest represented by the Arkansas lawyer and the nonresident lawyer is concerned.
Unless the State in which the said nonresident lawyer resides likewise accords similar comity and courtesy to Arkansas lawyers who may desire to appear and conduct cases in the courts of that State, this privilege will not be extended to such nonresident lawyer.
A nonresident lawyer will not be permitted to engage in any case in an Arkansas court unless a written statement is filed with the court in which the nonresident lawyer submits to all disciplinary procedures applicable to Arkansas lawyers.
We have held that under Rule XIV a circuit court may dismiss a motion for an extension of time to file a brief by a nonresident attorney. See Walker v. State, 274 Ark. 124, 622 S.W.2d 193 (1981) (per curiam). In Walker, this court went on to say that the motion for extension of time would be dismissed if the nonresident attorney failed to sign a written statement submitting himself to all disciplinary procedures applicable to Arkansas lawyers within twenty days.
In Willett v. State, 334 Ark. 40, 970 S.W.2d 804 (1998) (per curiam), this court denied appellant's motion to admit an attorney licensed in Texas to practice in Arkansas pro hac vice for the purpose of participating in the oral argument of the case. In Willett, the Texas attorney filed a reply brief but did not state that he was admitted to the Arkansas Bar. The motion to admit pro hac vice only stated that the nonresident attorney was in good standing in another jurisdiction, and it incorporated an affidavit of the attorney and a certificate of good standing from the Texas State Bar Association. The nonresident attorney's affidavit also related his experience in representing clients in courts of the United States, Texas, and New Mexico and included a statement that the attorney agreed to be bound by the rules of discipline of Arkansas.
We denied the appellant's motion to admit the Texas attorney pro hac vice, because (1) Rule XIV:
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