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Alabama Multijurisdictional Practice and Admission Pro Hac Vice

In compliance with Alabama bar and court rules, Georgia attorney (and Alabama native) Ken Shigley occasionally works on truck and bus accident matters in Alabama on a temporary or incidental basis related to potential mediation prior to suit.

When litigation has been required in such cases, Mr. Shigley has been admitted pro hac vice to work in association with local Alabama counsel on all phases of the case up to and including trial and appeals. This flexibility allows investigation of a case and determination of the best venue prior to selecting local counsel in the locality.

Like most states, Alabama has adopted a version of the American Bar Association Model Rule 5.5 on multijurisdictional practice.  Alabama Rule of Professional Conduct 5.5 (b) provides in part:
(b) Subject to the requirements of Rule VII, Rules Governing Admission to the Alabama State Bar (Admission of Foreign Attorneys Pro Hac Vice), a lawyer admitted in another United States jurisdiction but not in the State of Alabama (and not disbarred or suspended from practice in that or any jurisdiction) does not engage in the unauthorized practice of law when the lawyer represents a client on a temporary or incidental basis (as defined below) in the State of Alabama. Services for a client are within the provisions of this subsection if the services:

(1) are performed on a temporary basis by a lawyer admitted and in good standing in another United States jurisdiction, including transactional, counseling, or other nonlitigation services that arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice;

(2) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding held or to be held in this or in another jurisdiction .

In addition, an Alabama Court Rule VII, Rules Governing Admission to the Alabama State Bar, Pro Hac Vice permits an attorney licensed and in good standing in another state to appear as counsel pro hac vice before any Alabama court in association with an Alabama attorney in good standing as local counsel, after filing a verified application for admission to practice in the particular case.

Local counsel must appear on all pleadings and all court appearances with the out of state attorney, unless specifically excused by the court. The pro hac vice application is now filed on a prescribed form online through the local counsel, and must be accompanied by payment of a $300 application fee and $25 client security fund assessment. 

While there are exceptions, generally an out of state attorney is not allowed to appear pro hac vice in more than five cases in a 12 month period.  An attorney admitted pro hac vice in Alabama must make a quarterly report to the Alabama Bar that includes a listing of all cases in which he or she has appeared  pro hac vice in the previous 12 months.

Alabama, like Georgia, has a two year statute of limitation for personal injury and wrongful death cases. There are a number of important distinctions between Alabama and Georgia tort law, which exceed the scope of this summary. However, truck and bus accident cases are generally governed in both states by the Federal Motor Carrier Safety Regulations.

Client Reviews
"Goes above and beyond and is a mountain of knowledge on spine and brain injuries. He does his research and represents you with a level of excellence. Remains a friend after representing me." Dee M., Woodstock, GA
"I have collaborated with Mr. Shigley on several initiatives within Georgia’s Judiciary over the past few years and found him to be a persistent and attentive individual. Ken has taken great pride in his involvement with the projects that I have worked on and he is good at influencing success. Despite his hectic schedule, Ken has always made time to discuss, research and review ideas for the best way to accomplish goals. I look forward to a continued working relationship in this and future roles." Jorge B., CIO, Judicial Council of Georgia
"After having to have a hole drilled in an automobile part at a machine shop 10 years ago, I told my uncle I could have done that. My uncle replied, "You are doing this once these guys do it every day" That simply means if you don't know where to turn, get help and get an expert. Ken was that help when I was severely injured during a fatal accident. Ken and his team at Shigley Law are experts, and are here to help you during your crisis. Ken will be there during the injury, recovery, and trial. He and his firm will work hard to see that you are represented fairly!" Jeremy R.
"Ken is a very kind man. He has a wealth of knowledge and is going above and beyond to help us while representing our case." Candy F., spouse of catastrophic injury client, Plains, GA
"I know Ken as trial lawyer of highest standards. Ken is knowledgeable and innovative and that translates to success in the courtroom. He is outgoing, compassionate and personable which makes him a pleasure to work with in any setting." Eric B., Attorney, Canton, GA