Parties litigating in the U.S. District Court for the Eastern District of Virginia should strongly consider hiring counsel with substantial experience and familiarity with the court. Not only is this prudent as a general matter, but hiring local counsel may also be required by court rules.

Strict rules govern who may appear in EDVA. Like many other federal district courts,¹ EDVA restricts bar admission to attorneys who are admitted to practice in the court’s home state.² Failure to properly secure admission risks contempt of court and possible sanctions.³

Pro hac vice appearance may be an option for out-of-state attorneys. A local EDVA attorney may move for pro hac vice appearance by a foreign attorney if the foreign attorney has read the local rules, if the federal district court in which the foreign attorney maintains an office also allows pro hac vice appearances by EDVA practitioners, and if the foreign attorney is associated with an attorney who is properly admitted to practice in EDVA.⁴

Local counsel must sign documents filed with the court and be present at all hearings, pretrials, and trials.⁵ Additionally, local counsel must be given enough authority such that the court can deal with local counsel alone on all matters relating to the case.⁶

Counsel admitted pro hac vice are subject to the court’s disciplinary authority. This usually subjects out-of-state counsel to at least some of the rules of the Virginia Supreme Court,⁷ as well as the EDVA’s requirement that counsel conduct themselves with “dignity and propriety” at all times.⁸ Counsel who have entered an appearance also may not withdraw that appearance unless the court approves.⁹

Litigants therefore should secure counsel who are familiar not only with the court’s rules and practices, but also with its culture of professionalism and speed. This is especially so for defendants, who must quickly prepare a response in light of the Rocket Docket’s relentless efficiency. Litigants should engage counsel whom they can trust to handle the entire matter if out-of-state counsel becomes unavailable. Given the court’s tight timeframe, there is little room for procedural mishaps or switching counsel.

Baker Botts has a practice group dedicated to handling matters in the EDVA.¹⁰ Led by practitioners familiar with the court, our team has the experience necessary to guide cases from start to finish. The practice group also sports several attorneys who clerked for judges on the Rocket Docket, including Andrew George,¹¹ Cailyn Reilly Knapp,¹² and Dodi Allocca,¹³ supplementing the team’s litigation capabilities with a behind-the-bench perspective. The team regularly counsels clients in EDVA on both sides of the “v” across a diverse range of industries.

¹ Chad G. Marzen, An Analysis of United States Federal District Court Admission Requirements, 42 Vermont L. Rev. 663, 666–67, 679–687 (2018) (summarizing practices nationwide).

² E.D. Va. L. Civ. R. 83.1(A) (“Any person who is an Active Member of the Virginia State Bar in good standing is eligible to practice before this Court upon admission.”). There are some exceptions, but this is the general rule.

³ E.D. Va. L. Civ. R. 83.1(I) (“Any person who, before admission to the bar of this Court or during any disbarment of suspension, exercises any of the privileges of a member of the bar of this Court, or who pretends to be entitled to do so, shall be guilty of contempt of court and subject to appropriate punishment therefor.”).

⁴ E.D. Va. L. Civ. R. 83.1(E)(1)–(2).

⁵ E.D. Va. L. Civ. R. 83.1(E)(3), (G).

⁶ E.D. Va. L. Civ. R. 83.1(E)(3) (providing that local counsel “shall have such authority that the Court can deal with the attorney alone in all matters connected with the case”).

⁷ E.D. Va. L. Civ. R. 83.1(J) (“The ethical standards relating to the practice of law in civil cases in this Court shall be Section II of Part Six of the Rules of the Virginia Supreme Court as it may be amended or superseded from time to time.”)

⁸ E.D. Va. L. Civ. R. 83.1(K) (“Counsel shall at all times conduct and demean themselves with dignity and propriety.”).

⁹ E.D. Va. L. Civ. R. 83.1(H) (“No attorney who has entered an appearance in any civil action shall withdraw such appearance, or have it stricken from the record, except on order of the Court and after reasonable notice to the party on whose behalf said attorney has appeared.”).

¹⁰ EDVA Rocket Docket Litigation, Baker Botts, https://www.bakerbotts.com/services/practice-areas/litigation/edva-rocket-docket-litigation.

¹¹ Hon. James C. Cacheris (ret.).

¹² Hon. John F. Anderson & Hon. Anthony J. Trenga.

¹³ Hon. Theresa C. Buchanan (ret.).

ABOUT BAKER BOTTS L.L.P.
Baker Botts is an international law firm whose lawyers practice throughout a network of offices around the globe. Based on our experience and knowledge of our clients' industries, we are recognized as a leading firm in the energy, technology and life sciences sectors. Since 1840, we have provided creative and effective legal solutions for our clients while demonstrating an unrelenting commitment to excellence. For more information, please visit bakerbotts.com.