Out-of-State Attorney and a District Court of Guam Filing
Attorney Chen is licensed in California and Hawaii but not Guam. A Guam client hires her to sue a Guam construction company in the District Court of Guam. Local counsel tells her the District Court allows pro hac vice, but requires association with a Guam-barred attorney and a $500 fee. Chen files the complaint alone, listing her California bar number, and appears at the initial scheduling conference without local counsel. The judge warns her but does not disqualify her. Chen also agrees to prepare a Guam Superior Court probate petition for the same client and signs it 'Attorney for Petitioner.' Opposing counsel moves to strike the petition and to refer Chen for unauthorized practice. Chen says federal practice is authorized and that she is supervised by local counsel, who has not entered an appearance.
1. May Chen appear in the District Court of Guam as she did?
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District Court of Guam. Federal courts control their own admissions. The District Court of Guam may allow an out-of-state lawyer to appear pro hac vice, but the privilege is discretionary and conditioned on compliance with its local rules. Chen did not comply: she filed alone, listed only her California bar number, and appeared without local counsel. The judge's warning suggests the court may allow a cure, but the initial filing was irregular. The court can order her to associate Guam counsel, pay the fee, and cure the appearance. It could also impose sanctions, but disqualification is not automatic. The complaint is not necessarily void; the court can allow amendment.
2. What about the Superior Court probate petition?
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Superior Court probate. The Superior Court of Guam is a territorial court. Practice there is governed by Guam's bar admission rules and the Guam Supreme Court's regulation of the profession. Chen is not admitted in Guam, and local counsel has not entered an appearance. Signing a probate petition as 'Attorney for Petitioner' is a representation that she is authorized to practice before that court. If she is not, the petition is subject to being stricken and Chen is exposed to unauthorized-practice proceedings. Federal pro hac vice status does not travel to the Superior Court. The client's needs do not excuse the admission requirement.
3. What ethical duties and remedies apply?
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Ethics and cure. Under the Guam Rules of Professional Conduct, Chen must be competent and must not assist unauthorized practice. She should promptly associate a Guam-barred attorney for the probate matter, disclose the error to the client, and correct the signature. In the federal case, she should file a proper pro hac vice motion with local counsel. Opposing counsel's motion to strike should be granted unless Chen cures. The court may refer the matter for discipline, but the primary remedy is to require compliance, not to punish the client. The client should not lose the probate claim because of the lawyer's admissions error if a timely cure is possible.