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Sheller v. Superior Court | 71 Cal. Rptr.3d 207 (2008)
Virtually every jurisdiction in the United States allows attorneys to appear pro hac vice. This means an out-of-state attorney has temporary permission to practice law in a jurisdiction without holding licensure there. But what happens when an attorney appearing pro hac vice engages in unethical conduct? Does the local jurisdiction have any power to hold the out-of-state attorney accountable? Sheller versus Superior Court illustrates how California approaches this issue.
Texas attorney David Sheller appeared pro hac vice in a California court to represent a class of plaintiffs suing Farmers Insurance Company. Before trial, Sheller sent multiple communications to hundreds of Farmers insurance policyholders in an effort to recruit them to join the class action. These communications contained material misrepresentations in violation of the California Rules of Professional Conduct. When Farmers learned about this, it asked the trial court to restrain Sheller from distributing any further communications to policyholders without the court’s prior approval.
The trial court granted Farmers’ motion and ordered Sheller to justify why the court shouldn’t revoke his pro hac vice status. Ultimately, the trial court ordered Sheller to pay most of Farmers’ attorney’s fees in exchange for retaining his pro hac vice status. The trial court also formally reprimanded him. Sheller then appealed to the California Court of Appeal.
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