LBR 2090-1. ATTORNEYS – ADMISSION TO PRACTICE

LBR 2090-1. ATTORNEYS – ADMISSION TO PRACTICE

(a) Appearance Before the Court.
(1) Attorney. An attorney admitted to practice before the district court may practice
before the bankruptcy court. An attorney who is not admitted to the bar of, or
permitted to practice before, the district court may not appear before the court on
behalf of a person or entity, except as provided by this rule. Attorneys appearing
before the court must have read the FRBP, F.R.Civ.P., F.R.Evid., and these rules
in their entirety.
(2) Scope of Appearance.
(A) In a chapter 7 case, an attorney may limit the attorney’s appearance to the
administration of the case, or one or more proceedings in the case.
(B) In chapter 9, 11, 12, and 13 cases, the attorney for the debtor is presumed
to appear for the case and all proceedings in the case, unless otherwise ordered by the court.
(3) Disclosure of Scope of Appearance in Chapter 7 Cases. In a chapter 7 case, the
attorney for the debtor must file a statement disclosing the scope of the attorney’s
appearance on the date of the entry of the order for relief, or, if the attorney has
not been employed by such date, then no later than the date of the first appearance
made by the attorney. The statement required by this rule must be on a form approved by the court and signed by the debtor.
(b) Pro Hac Vice Appearance.
(1) Permission for Pro Hac Vice Appearance. Any person who is not otherwise
eligible for admission to practice before the court, but who is a member in good
standing of, and eligible to practice before, the bar of any United States court, or
of the highest court of any state, territory, or insular possession of the United
States, who is of good moral character, and who has been retained to appear before
the court, may, upon written application and at the discretion of the court, be permitted to appear and participate pro hac vice in a particular case or in a
particular proceeding in a case.
(2) Disqualification from Pro Hac Vice Appearance. Unless authorized by the
Constitution of the United States or Act of Congress, an applicant is not eligible
for permission to appear pro hac vice if the applicant:
(A) Resides in California; or
(B) Is regularly employed in California; or
(C) Is regularly engaged in business, professional, or other similar activities in
California.
(3) Designation of Local Counsel. A person applying to appear pro hac vice must
designate an attorney who is a member of the bar of the court and who maintains
an office within this district as local counsel with whom the court and opposing
counsel may readily communicate regarding the conduct of the case and upon
whom papers may be served, unless otherwise ordered by the court.
(4) Designation of Co-counsel. A judge to whom a case is assigned may, in the
exercise of discretion, require the designation of an attorney who is a member of
the bar of the court and who maintains an office within this district as co-counsel
with authority to act as attorney of record for all purposes.
(5) Obtaining Permission for Pro Hac Vice Appearance. An applicant seeking
permission to appear pro hac vice must present to the clerk:
(A) Proof of payment of the fee required by the district court; and
(B) A written application on or conforming to court-approved form F 2090-1.2,
Application of Non-Resident Attorney to Appear in a Specific Case, disclosing the following:
(i) The applicant’s name, and office or residence address;
(ii) The courts to which the applicant has been admitted to practice and
the respective dates of admission;
(iii) A statement by the applicant of the good standing to practice before the courts to which the applicant has been admitted;
(iv) Whether the applicant has been disciplined by any court or administrative body, and if disciplinary proceedings are pending, the details of such proceedings, and whether the applicant resigned while disciplinary proceedings were pending;
(v) Whether in the 3 years preceding the application, the applicant has filed for permission to practice pro hac vice before any court within the state of California, together with the court, title and number of each such proceeding, and the disposition of each such application;
(vi) A certificate that the applicant has read the FRBP, the F.R.Civ.P., the F.R.Evid., and these rules in their entirety; and
(vii) The designation required by LBR 2090-1(b)(3) or LBR 2090-1(b)(4) including the office address, telephone number, and written consent of the designee.
(6) Notice and Hearing. An application for permission to appear pro hac vice does not require notice or a hearing.
(c) Attorneys for the United States. Any person who is not eligible for admission under LBR 2090-1(b), or Local Civil Rules 83-2.2.1 or 83-2.3 of the district court, who is employed within California and who is a member in good standing of and eligible to practice before the bar of any United States court, or of the highest court of any state, territory or insular possession of the United States, and who is of good moral character, may be granted leave of court to practice in the court in any matter for which such person is employed or retained by the United States or its agencies.
(d) Professional Corporations, Unincorporated Law Firms, and In-house Attorneys.
(1) Appearance. A professional law corporation or unincorporated law firm
(collectively, “law firm”) may not make an appearance on behalf of a party nor
may pleadings or other documents be signed in the name of the law firm except by
an attorney admitted to the bar of or permitted to practice before the court. This
rule does not apply to pro se appearances by the attorney individually or on behalf
of the attorney’s law firm.
(2) Form of Appearance.
(A) A law firm must appear in the following form of designation or its
equivalent: John Smith (state bar number) Smith and Jones
Address
Telephone Number
Fax Number (if any)
E-Mail Address (if any)
Attorneys for _________________
(B) An in-house attorney must appear in the following form of designation or
its equivalent: John Smith (state bar number)
Name of corporation or business entity
Address
Telephone Number
Fax Number (if any)
E-Mail Address (if any)
Attorney for
(C) Except as provided in LBR 1002-1(b) and LBR 2002-1(a), the disclosure
of an e-mail address by an attorney in the form of designation is optional.
(e) Law Student Certification for Practice in Bankruptcy Court. A law student may be
certified for practice in the bankruptcy court if the student meets the requirements of Local Civil Rule 83-4 of the district court for appearances in civil cases, except that the student need only complete one-third (rather than one-half) of the legal studies required for graduation. The law student also must have:
(1) Taken or be taking concurrently a course in bankruptcy law; and
(2) Knowledge of and familiarity with the F.R.Civ.P., FRBP, F.R.Evid., the Rules of
Professional Conduct of the State Bar of California, and these rules.
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