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Holley v. Burroughs Wellcome Co.

Filed: March 16, 1982.

DIANNE HOLLEY, INDIVIDUALLY AND AS GUARDIAN OF THE ESTATE OF ERVIN LEE HOLLEY, INCOMPETENT
v.
BURROUGHS WELLCOME CO., A NORTH CAROLINA CORPORATION, AND AYERST LABORATORIES, A DIVISION OF AMERICAN HOME PRODUCTS CORPORATION



Appeal by plaintiff from Bailey, Judge. Order entered 14 April 1981 in Superior Court, Durham County. Heard in the Court of Appeals 5 March 1982.

Wells, Judge. Judges Hill and Becton concur.

Wells

The statutory provisions under which lawyers not licensed in North Carolina may be admitted to practice pro hac vice in North Carolina are found in G.S. 84-4.1, as follows:

ยง 84-4.1. Limited practice of out-of-state attorneys.

Any attorney regularly admitted to practice in the courts of record of another state and in good standing therein, having been retained as attorney for any party to a legal proceeding, civil or criminal, pending in the General Court of Justice of North Carolina, or the North Carolina Utilities Commission or the North Carolina Industrial Commission may, on motion, be admitted to practice in the General Court of Justice or North Carolina Utilities Commission or the North Carolina Industrial Commission for the sole purpose of appearing for his client in said litigation, but only upon compliance with the following conditions precedent:

(1) He shall set forth in his motion his full name, post-office address and status as a practicing attorney in such other state.

(2) He shall attach to his motion a statement, signed by his client, in which the client sets forth his post-office address and declares that he has retained the attorney to represent him in such proceeding.

(3) He shall attach to his motion a statement that unless permitted to withdraw sooner by order of the court, he will continue to represent his client in such proceeding until the final determination thereof, and that with reference to all matters incident to such proceeding, he agrees that he shall be subject to the orders and amenable to the

disciplinary action and the civil jurisdiction of the General Court of Justice and the North Carolina State Bar in all respects as if he were a regularly admitted and licensed member of the Bar of North Carolina in good standing.

(4) He shall attach to his motion a statement to the effect that the state in which he is regularly admitted to practice grants like privileges to members of the Bar of North Carolina in good standing.

(5) He shall attach to his motion a statement to the effect that he has associated and has personally appearing with him in such proceeding an attorney who is a resident of this State and is duly and legally admitted to practice in the General Court of Justice of North Carolina, upon whom service may be had in all matters connected with such legal proceedings, or any disciplinary matter, with the same effect as if personally made on such foreign attorney within this State.

(6) Compliance with the foregoing requirements shall not deprive the court of the discretionary power to ...


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