Legal Question in Civil Litigation in Rhode Island

Lawyer Information

Can a lawyer try a civil lawsuit case in Rhode Island if their practice is not in Rhode Island?


Asked on 1/16/04, 9:08 pm

3 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Lawyer Information

Only if the lawyer is allowed by the court.

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Answered on 1/16/04, 9:22 pm
Staff General Counsel LawyersCollaborative

Re: Lawyer Information

The location of a lawyer's practice does not determine where he or she can try a case. A lawyer can try a case in court, civil or criminal, in any state where that lawyer has been admitted as an active member of the bar.

Thus, there are many lawyers that practice in Massachusetts but are also members of the RI bar, and so can try cases in RI. On the other hand, if the out of state lawyer is not a member of the RI bar, by associating with a lawyer that is, the out of state lawyer may ask the court for permission to try the particular case; such request would be granted or denied in the court's discretion, though lately the RI courts have become much less willing to grant such pro hac vice admissions unless there are compelling reasons. Hope this answers your question.

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Answered on 1/16/04, 9:27 pm
Jules D'Alessandro D'Alessandro & Wright

Re: Lawyer Information

They can but the real question is should they? Our firm while based in Rhode Island regularly represents people in Massachusetts Rhode Island and Connecticut. In some years we have also had cases in New Hampshire, Maine, Florida and even Arizona. In these mattes we can negotiate and settle cases for people without actually having to go to litigation. However if we actually have to try the case we always get local counsel that is a lawyer who regularly practices before the court where the case will be tried. We usually get local counsel that are members of ATLA (Association of Trial Lawyers of America) who are hands down some of the best trial lawyers in the country. A local lawyer�s experience before a particular court or judge is invaluable and should always be employed.

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Answered on 1/19/04, 10:29 am


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