Lawyers may only appear in court in places where they have qualified to practice. If they wish to argue a case in another jurisdiction, they may ask special permission for that specific case. (To appear without permission would be the unauthorized practice of law.) The term for this request is pro hac vice. As a general rule, if you are in “good standing” where you are licensed, this request is granted. This is how Sidney Powell and Lin Wood have popped up in so many jurisdictions.
This right to appear is subject to an important condition. Your conduct must meet the professional standards of the granting court/state. Which brings us to Lin Wood appearing pro hac vice in Delaware in the Carter Page case.
The judge in that case has just issued a “show cause” order against Lin Wood, requiring him to show why his permission should not be revoked. This four-page order reviewed a litany of unprofessional actions by Wood and requires him to respond by January 6th. The judge wasn’t subtle. Here’s one example.
“Mr. Wood’s conduct in filing this false affidavit violates DRPC [Delaware Rules of Professional Conduct] 1.1 (Competence), 3.1 (Meritorious Claims and Contentions), 3.3 (Candor to the Tribunal), 4.1(a) (Truthfulness in Statements/False Statement of Material Fact), and Misconduct (Dishonesty and Deceit),”
The judge concluded: “All of the foregoing gives the Court concerns as to the appropriateness of continuing the order granting Mr. Wood authorization to appear in this Court pro hac vice.”
This will likely not be the last sanction urged against Wood and, similarly, Sidney Powell. It all harkens back to a theme through the last month of legal stuff: it’s easy to lie in front of the media, but doing so in court has consequences. [Written December 22, 2020]
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