A federal judge in Newark has denied pro hac vice admission to a disability lawyer from Florida based on his frequent use of that mechanism to practice in the District of New Jersey. But while a number of lawyers and law professors agreed the ruling was a sound decision, some said it remains unclear how many pro hac vice applications is too many, and several doubted whether it’s a smart tactical move for a lawyer to close the door to his adversary.
John Fuller of North Miami, Fla., misused the pro hac vice rule by applying for New Jersey admission 24 times in two years, U.S. Magistrate Judge Cathy Waldor of the District of New Jersey ruled Sept. 5 in Whiteside v. Empire Plaza. Fuller’s local counsel, Alan Ackerman of Parsippany, N.J., filed the suit May 14 and moved for Fuller’s admission June 30. The suit claims that a Newark strip mall owned by defendant Empire Plaza is not wheelchair-accessible. But Empire opposed the pro hac vice admission, claiming Fuller’s involvement was unnecessary and that bringing him on would only serve to drive up the billings.
