Eastern District Local Civil Rule 83.5.2 requires any attorney who is not a member of the U.S. District Court for the Eastern District of Pennsylvania bar to hire as associate counsel (local counsel) a member of the Eastern District bar to appear as counsel of record on all pleadings. The out-of-district attorney may be admitted pro hac vice on application of the local counsel for appearance in that matter only. It is local counsel’s job to ensure the local rules of pleading and procedure, and the individual judge’s policies and procedures, are followed. Often, outside counsel’s haste or unfamiliarity with the nuances of the local rules can result in valuable time lost or denial of relief. The U.S. District Court for the Middle District of Pennsylvania has a similar mandatory rule. The U.S. District Court for the Western District of Pennsylvania has no such formal local counsel requirement except that a motion for pro hac vice counsel must be made by a member of the Western District.

Some lead litigation attorneys refer to local counsel as “docket counsel” — someone hired to satisfy the bare requirements of Rule 83.5.2 and, thereafter, simply to act as a transmittal agent for out-of-district counsel. One attorney who was engaged as local counsel said his job was to open the mail and emails, but not read them, and send them on to the outside counsel. Such a view can lead to ethical and practical problems.

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