Although no one wants to be injured while out of their home state on vacation or business-related activities, accidents always happen. Victims can take legal action against at-fault parties to recover compensation for the damages they suffered. However, most want to be represented by an attorney they trust.
Should victims hire a personal injury attorney in their home state or where the accident occurred? What do Ohio laws say about this?
In Ohio, both options are acceptable. An out-of-state attorney can represent local clients if they're licensed to practice law in this state. However, victims should evaluate several aspects before considering this option.
This article contains valuable information about the possibility of hiring out-of-state lawyers to handle personal injury cases in Ohio and further explains what state laws say about this. Schuerger Shunnarah Trial Attorneys can also consult on questions such as what if my personal injury was partially my fault Ohio?
Can Out-of-State Attorneys Practice Law in Ohio?
According to Gov. Bar R. I, Section 10, out-of-state attorneys who are licensed in other jurisdictions and want to practice law in this state may be eligible for admission to the Ohio Bar.
An examination isn't necessary. However, each completed application is reviewed by the Supreme Court to determine whether the applicant meets the eligibility requirements and can be granted admission.
Requirements for Out-of-State Attorneys Wanting to Practice in Ohio
Applicants who satisfy the Essential Eligibility Requirements for admission to the Ohio Bar may be authorized to practice law in this state.
These requirements include the following:
Proof of engagement in full-time practice of law, which should demonstrate active legal experience for at least five full years in the last 10 years
Proof of good moral character
Proof of possession of the legal skills considered for admission to the Ohio Bar
A certified transcript of college credits to prove the applicant has earned a bachelor's degree from the institution that awarded it
A certified law school transcript or letter to prove that the applicant has earned a J.D degree from an ABA-approved law school
The Supreme Court requires out-of-state lawyers to pay application fees if they wish to be admitted to the Ohio Bar and may request additional documents if necessary.
Can Out-of-State Attorneys Consider Other Options If They Want to Render Legal Services in Ohio?
A licensed attorney from another state who isn't able to apply for admission can seek authorization to practice law in Ohio through the following processes:
Pro Hac Vice Admission
Lawyers licensed to practice law in other jurisdictions must complete the Pro Hac Vice Admission process to obtain permission to appear for the limited purpose of one proceeding before an Ohio court.
Multijurisdictional Practice (MJP)
Ohio allows out-of-state attorneys to provide legal services in the state under limited circumstances and only on a temporary basis.
This is known as Multijurisdictional Practice (MJP) and may be authorized under Rule 5.5 of the Ohio Rules of Professional Conduct or by federal law.
Corporate Counsel Status Registration
Corporate Counsel Status Registration is a mandatory requirement for out-of-state lawyers who are employees of a non-governmental entity (if it isn't an Ohio law firm) and are allowed by Prof. Cond. R. 5.5(d)(1) to perform legal services in this state for that employer.
Expanded Legal Assistance Program
This program is available to non-Ohio military attorneys who are admitted to another jurisdiction within the United States if they serve the armed forces at a military installation in this state.
If these lawyers submit an Application for Military Legal Assistance Attorney Registration and are authorized to practice law in Ohio, they can represent lower-ranking service members in state courts.
Military Spouse Attorneys Admission
A personal injury attorney who is licensed in another state may be eligible for authorization to practice law temporarily in Ohio if they're married to an active service member of the United States Armed Forces assigned to a local military installation.
What Happens If Personal Injury Lawyers Aren't Licensed in Ohio?
In Ohio, the unauthorized practice of law is a serious violation. The Supreme Court says that lawyers who offer or provide any legal services without proper permission will be subject to the state's disciplinary authority. These cases are handled by the Board on the Unauthorized Practice of Law.
What Should People Consider When Hiring a Personal Injury Lawyer?
If victims need legal representation and plan to hire a personal injury lawyer, they should consider several things before deciding whether it should be a local or out-of-state professional. These are the most important:
The State Where Plaintiffs Should Bring Suit
Jurisdiction laws typically require people to file personal injury cases where the accident occurred. However, some plaintiffs may be able to bring suit in their home state if the defendant has connections or "minimum contacts" there.
Whether Plaintiffs Will Bring Suit in a State or a Federal Court
After determining whether they should bring suit in their home state or where the accident occurred, personal injury victims should consider whether the case will be handled in a federal or state court.
Most personal injury claims are handled in state courts. However, there are some exceptions that may allow these cases to be heard in federal courts, such as those that fall into the diversity jurisdiction provision.
The main difference between state and federal courts is that the former operates under federal law while the latter follows state laws, which are more complex because they vary throughout the country.
Should Personal Injury Victims Hire an Out-of-State Lawyer or a Local Attorney?
Choosing the right personal injury lawyer is an important decision for victims. The other party will have a criminal defense attorney by their side, and they'll go to great lengths to win the case. Schuerger Shunnarah Trial Attorneys can also share common causes of burn injuries.
Although personal injury attorneys in Cincinnati OH cannot guarantee victims will get the expected results, those who work with one will have a better chance of getting a favorable verdict and recovering compensation.
Can this attorney be from another state? – Essentially, yes! An out-of-state lawyer can help Ohio victims if they're licensed to practice law in this state. However, injured people must evaluate the circumstances of their cases in order to make a wise decision.
Victims can benefit from working with a local attorney if the case must be tried in a state court, for example, as they're well-versed with Ohio's statutes, know the ethical rules that apply to their claims in this particular state, and have experience with local judges.
However, most personal injury cases in Ohio and other states are settled before going to trial. Therefore, both a local and an out-of-state attorney can help victims get a favorable outcome through a fair settlement if they're knowledgeable, experienced, and persuasive enough.
Contact Schuerger Shunnarah Trial Attorneys Today!
If personal injury victims aren't sure how to handle their cases, they can contact Schuerger Shunnarah Trial Attorneys and schedule a free consultation. A seasoned legal team will help them understand jurisdiction laws, determine the best course of action, and make a wise decision regarding their legal representation.