Vol. 28, No. 5 #6 (October 2005). ETHICALLY SPEAKING.

• Author: Who May Practice Law in Wyoming?

Wyoming Bar Journal

2005.

Vol. 28, No. 5 #6 (October 2005).

ETHICALLY SPEAKING

WYOMING LAWYER October 2005/Vol. XXVIII, No. 5 ETHICALLY SPEAKING Who May Practice Law in Wyoming?

By John M. Burman This column recently addressed the issue of what is the practice of law in Wyoming,(fn1) and it has addressed the related issue of the duties of lawyers who are admitted pro hac vice and the local counsel with whom they associate.(fn2) It has never, however, focused on the general question of "Who may practice law in Wyoming?" While the answer may seem obvious-Wyoming lawyers may practice law in Wyoming-there are some exceptions and refinements to that generally true statement that are worth discussing. Accordingly, that question is the topic of this column.

The General Rule

The law is clear. "Only active members of the Wyoming State Bar may engage in the practice of law within this state."(fn3) A similar rule applies in federal courts in Wyoming. "Attorneys who are regularly admitted and licensed to practice before the Supreme Court of Wyoming may be admitted to practice in the United States District Court for the District of Wyoming upon motion . . ."(fn4) Both the state and federal rules contain important exceptions.

The Exceptions

The rule which governs who may practice law in Wyoming is Rule 11 of the Rules of the Supreme Court of Wyoming Providing for the Organization and Government of the Bar Association and Attorneys at Law of the State of Wyoming ("the Bar Rules"). That rule, which is entitled "Attorneys' right to practice law; pro hac vice admission," was recently amended. A new rule, Rule 11.1, was also added.(fn5) As amended, Rule 11 contains two exceptions that allow persons who are not Wyoming lawyers to appear as advocates and not be engaging in the unauthorized practice of law. New Rule 11.1, which is entitled "Unauthorized practice of law," lists four more. The local federal rules echo the exception for attorneys to appear pro hac vice, and the constitutions of Wyoming and the United States both entitle a criminal defendant to appear pro se.

There are two general exceptions to the prohibition on non-Wyoming lawyers practicing law in Wyoming. First, "[m]embers of the bar of any other state, district or territory of the United States may be admitted to practice pro hac vice . . ."(fn6) Admission pro hac vice is discussed in more detail below. Second, "[a]ny person may act pro se in a matter in which that person is a party."(fn7) Appearing pro se is also discussed below. Those exceptions are consistent with the Uniform Rules of District Courts for the State of Wyoming.(fn8) Furthermore, they are consistent with federal law.9

The third exception is that a person may appear "as an advocate in a representative capacity" before any tribunal "when such conduct is authorized by Wyoming Supreme Court rule," or any federal, state, or local law.(fn10) Fourth, a non-lawyer may perform acts "which would normally be construed as the practice of law" if such acts "are performed under the supervision and control of an attorney . . ."(fn11) Fifth, "partnerships . . . and sole proprietorships may appear through the owners" pursuant to Rule 101 of the Uniform Rules for District Courts.(fn12) Finally, while other legal entities must normally appear through an attorney,(fn13) "in small claims actions" non-lawyers may appear on behalf of an entity.(fn14)

Lawyers Admitted Pro Hac Vice

"Members of the bar of any other state, district or territory of the United States may be admitted to practice pro hac vice . . ."(fn15) An attorney who wishes to be admitted pro hac vice to appear before the Wyoming Supreme Court must comply with W.R.A.P. 19.0; a lawyer who wishes to appear in state district court must follow Rule 104 of the Uniform Rules of District Court (that rule also applies to Circuit Courts(fn16)); a lawyer who wishes to appear in federal court must adhere to Local Rule 83.1.12(b), regarding civil cases, and Rule 61.1 of the Local Rules of Criminal Procedure, regarding appearances in criminal cases. The duties of lawyers admitted pro hac vice and the local lawyers with whom they associate were previously discussed in this column.(fn17)

The only non-Wyoming lawyers to whom the pro hac vice rules do not apply are "employee[s] of the Justice Department who [are] appearing solely on behalf of the United States so long as 28 U.S.C. 515-519, 28 U.S.C. 530B or similar laws are in force."(fn18) Such lawyers may appear only in the United States District Courts for the District of Wyoming without complying with the pro hac vice rules.

A non-Wyoming attorney who wishes to appear in the Wyoming Supreme Court "must seek admission pro hac vice upon a motion made by local counsel . . ."(fn19) "Local counsel" is "an active member of the Wyoming State Bar."(fn20) An attorney seeking admission pro hac vice must comply with Rule 11 (those requirements are discussed below).(fn21) In addition, the non-Wyoming lawyer must associate with local counsel, and local counsel must play an active part in the appeal. "Unless excused by the court, local counsel must sign all papers filed, be present in court during all proceedings in connection with the case, and have full authority to act for and on behalf of the client(s) in all matters in connection with the case."(fn22) Finally, an attorney who is admitted pro hac vice "consent[s] to the . . . disciplinary jurisdiction by the court over any alleged misconduct which occurs during the progress of the case."(fn23)

Admission pro hac vice to a Wyoming State District or Circuit court is identical to admission to the Wyoming Supreme Court. First, a Wyoming lawyer ("local counsel") must move the admission of the non-Wyoming attorney "to appear in...