NCJ Number
123008
Journal
Fordham Law Review Volume: 57 Issue: 5 Dated: (April 1989) Pages: 785-801
Date Published
1989
Length
17 pages
Annotation
A court's refusal to permit a defendant to retain foreign counsel interferes with the defendant's constitutional right to counsel of choice.
Abstract
A foreign counsel is an attorney licensed to practice, but not in the jurisdiction in which the defendant wishes to employ him. When a criminal defendant wishes to retain a non-local attorney, there may be a conflict between the defendant's right to choose his own attorney and the court's power to control the licensed practice of law in a jurisdiction. The article examines limitations on a defendant's right to counsel of choice as well as pro hac vice rules permitting non-local counsel to appear in a jurisdiction by special permission. Relevant case law is discussed. So long as a criminal defendant's choice of non-local counsel does not impede the fair and efficient administration of justice, a court should permit the counsel to represent the client under pro hoc vice rules. 111 footnotes.