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Ford Motor Co. v. Young

The trial court erred in revoking the attorneys' admission to practice as trial counsel pro hac vice in a product liability wrongful death case without providing them with notice and an opportunity to be heard.

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Attorneys Alan Thomas and Paul F. Malek appeal an order revoking their admission to practice as trial counsel pro hac vice in this product liability wrongful death case. They argue that their appeal is not moot, even though the underlying case has settled, and that they have standing to appeal, even though they were not parties below. They also argue that the trial court erred by considering the Georgia Rules of Professional Conduct and by revoking their admissions. Finally, they argue that they were entitled to notice and a hearing before the court revoked their admissions. We agree with Thomas and Malek that the issue of the revocation of their admissions pro hac vice is not moot and that they have standing to appeal. We hold that the trial court properly considered the Georgia Rules of Professional Conduct. But we agree with Thomas and Malek that they were entitled to notice and an opportunity to be heard before the trial court revoked their admissions. We therefore vacate the trial court’s order and remand the case for the court to allow the attorneys such due process. Consequently, we do not address the attorneys’ argument that the evidence was insufficient to support the revocations.

The parents of Donald R. Young III filed this product liability action against Ford Motor Company after their son was killed when the Ford Explorer in which he was a passenger ran off the road and rolled over. Malek and Thomas are Alabama attorneys, and the Cobb County State Court granted their applications for admission pro hac vice to represent Ford in the litigation.

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