STATE INDUSTRIES, INC., PETITIONER,
v.
CHARITY STARLENE JERNIGAN, ETC. ET AL, RESPONDENTS

Fla. 5th DCA | 2000-01-28
No. 5D99-3352
ANTOON, C.J., and COBB, J., concur.
751 So. 2d 680 Florida District Court of Appeal, Fifth District (2000) Positive Treatment
Cited by 3 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

State Industries sought certiorari review of a trial court's revocation of pro hac vice status granted to an Illinois attorney who engaged in unprofessional conduct at a deposition. The Florida Court of Appeal affirmed that trial courts have discretion to revoke pro hac vice privileges when an out-of-state attorney's conduct adversely impacts the administration of justice, even absent a technical ethics violation.


Holding

A trial court may revoke pro hac vice status whenever an out-of-state attorney's conduct during any stage of the proceeding, including depositions, adversely impacts the administration of justice. The court need not find an ethical violation under the Florida Rules of Professional Conduct or conduct requiring mistrial or reversal to justify revocation.


Headnotes

[1] A trial court has discretion to grant or revoke pro hac vice status for an out-of-state attorney.

[2] An out-of-state attorney has no absolute right to appear as counsel in Florida.

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Key Quotes

“A trial court may revoke the status of pro hac vice whenever it appears that counsel's conduct during any stage of the proceeding, including the taking of depositions, adversely impacts the administration of justice.”

Establishes the standard for revoking pro hac vice status—no ethics violation finding required

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Facts & Procedural History

Ludwig Kolman, an experienced Illinois attorney hired to assist in defending a product liability action, repeatedly called opposing counsel 'a liar' a…

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Opinion of the Court
HARRIS, J.

HARRIS, J.

State Industries, Inc. asks for certiorari review of the trial court’s revocation of pro hac vice status of one of its attorneys. Ludwig Kolman, an Illinois attorney much experienced in flammable vapor cases, was employed by defendant State Industries to assist local counsel in the defense of this product liability action. The court, on motion, granted Kolman the privilege of appearing for defense in this case.

At a deposition, Kolman repeatedly called plaintiffs’ counsel “a liar” and emphasized that the reference was “on the record.” Because of this unprofessional conduct on the part of Kolman, plaintiffs moved to have Kolman’s authority to appear in the case revoked. The trial court, after a hearing, granted the motion and removed Kolman from the case. We deny certiorari.

The decision as to whether to grant pro hac vice status to an out-of-state attorney is within the sound discretion of the trial court. See Huff v. State, 569 So. 2d 1247 (Fla.1990). Likewise, in our view, is the decision to revoke the privilege once given.

Defense relies on the disciplinary action of The Florida Bar v. Martocci, 699 So. 2d 1357 (Fla.1997), and asserts that the Florida Supreme Court has determined that calling opposing counsel, more or less, the posterior opening of the alimentary canal and further suggesting that he should commit a sex act upon himself1 is not an ethical rules violation prejudicial to the administration of justice. Surely, urges the defense, if the conduct in Martocci does not violate the Florida Rules of Professional Conduct, merely calling opposing counsel a liar should not do so. Although we concede that Martocci’s comments to and about opposing counsel rank high on any misconduct scale, the appropriate conduct of a Florida lawyer is not the test applicable to this case.

A Florida lawyer in good standing has a “right” to appear in court. No special permission is required. Although the Florida lawyer’s right to so appear is not absolute (it may be forfeited under certain circumstances, such as egregious misconduct or unfairness to the opposing side because of an improper discovery violation), such right to appear is rarely denied and rightfully so. The out-of-state lawyer, on the other hand, has no absolute right to appear as counsel in Florida. When consent to such appearance is given, the only control over such counsel’s conduct is in the hands of the trial judge. The Florida Bar is not involved.

It is not necessary that in order to revoke pro hac vice credentials that a trial judge find that the conduct in question amounted to an ethical violation under the Florida Rules of Professional Conduct. Nor must the court await conduct that would require a mistrial or justify a reversal on appeal in order to act. A trial court may revoke the status of pro hac vice whenever it appears that counsel’s conduct during any stage of the proceeding, including the taking of depositions, adversely impacts the administration of justice. In this case, unlike the offending words in Martocci which occurred after the deposition, counsel was called a liar “on the record” during a deposition of an expert witness, which may very well have affected the deposition.

We see no reason to intervene in this cause.

Denied.

ANTOON, C.J., and COBB, J., concur. . Admittedly the original text had more force. We sanitize Martocci’s actual comments in the name of judicial decorum.


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Citator

Cited By

  • Clare v. Coleman (Parent) Holdings, Inc., 928 So. 2d 1246 (Fla. 4th DCA 2006)
    …uirements of the law in revoking the petitioner’s pro hac vice status. Florida law allows for the revocation of an attorney’s pro hac vice status when the misconduct “adversely impacts the administration of justice.” State Indus., Inc. v. Jernigan, 751 So. 2d 680, 682 (Fla. 5th DCA 2000). But, an attorney cannot be disqualified without notice and an opportunity to be heard. Kleiner v. [*1249] First Nat’l Bank of Atlanta, 751 F. 2d 1193, 1211 (11th Cir.1985). Florida has consistently required notice and an op…
  • …alleged to be intentional misconduct. Nor did MB & H actually move for revocation; it merely furnished the court, the day before the hearing, with information that had been in its possession for over a month. Compare State Indus., Inc. v. Jernigan, 751 So. 2d 680 (Fla. 5th DCA 2000) (denying certiorari relief from removal of out-of-state attorney who, at deposition, repeatedly called opposing counsel a liar). In Jemigan, the court commented that “A trial court may revoke the status of pro hac vice whenever i…
  • Prewitt Enters., LLC v. Tommy Constantine Racing, LLC, 185 So. 3d 566 (Fla. 4th DCA 2016)
    …A 2012). One proper reason for denying a pro hac vice motion is if granting it will “ ‘adversely impact[ ] -the administration of justice.’ ” Brooks v. AMP Servs. Ltd., 979 So. 2d 435, 438 (Fla. 4th DCA 2008) (quoting State Indus., Inc. v. Jernigan, 751 So. 2d 680, 682 (Fla. 5th DCA 2000)). Here, the trial court specifically found that Wilerichik’s appearance would adversely affect the administration of justice and disrupt the proceedings. It based this conclusion- on Wilenchik’s motion and attached exhibits…

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