Updated September 2026. This article is for general informational purposes and is not legal advice.
BLUF: Out-of-state lawyers handling California litigation may need an active California lawyer of record, including when seeking pro hac vice admission in state court. But useful local counsel should do more than satisfy a formal requirement. The right California lawyer can help national counsel navigate venue, filing, courtroom procedure, motion practice, discovery, settlement, and trial strategy without disrupting the client relationship.
When is California local counsel required?
The clearest example is pro hac vice practice in California state court. California Rule of Court 9.40 generally requires an eligible out-of-state lawyer applying pro hac vice to associate an active California State Bar licensee as attorney of record.
Separate rules govern federal courts and other types of practice. National counsel should confirm the rules of the particular tribunal rather than assuming the California state-court procedure applies everywhere.
What does local counsel actually do?
The answer depends on the engagement. In some cases, lead national counsel wants California counsel focused on admission, filings, and procedural compliance. In others, local counsel becomes active co-counsel for discovery, depositions, expert work, dispositive motions, mediation, or trial.
A useful engagement begins by defining responsibilities rather than leaving “local counsel” as an undefined label.
Procedural and court-specific support
California litigation can involve statewide rules, local rules, and department-specific procedures at the same time. In Los Angeles Superior Court, for example, counsel may need to determine the correct filing courthouse, use mandatory electronic filing, reserve certain motion dates through CRS, and follow courtroom-specific instructions.
Our LASC Civil Litigation Hub gathers the principal official resources in one place.
Substantive California-law support
Local counsel can help national counsel identify California-specific procedural or substantive issues early enough to shape strategy rather than merely react to them later. The value is highest when California counsel is brought in before the case accumulates deadlines and assumptions.
Hearings and trial
If a matter is likely to reach significant motion practice or trial, local counsel should be selected for litigation capability—not simply geographic proximity to the courthouse. A case can change quickly, and the team should know in advance who can examine witnesses, argue motions, handle experts, and try the case if necessary.
Can lead counsel remain the primary client relationship?
Yes, if the engagement is structured that way and the lawyers clearly define their roles. Many national firms want to preserve day-to-day ownership of the client relationship while adding California counsel for local procedure or trial support.
That division should be discussed at the beginning: who communicates with the client, who approves strategy, who owns particular workstreams, who appears, and how the firms coordinate.
How should out-of-state lawyers choose California local counsel?
- Match the lawyer to the case. A high-exposure tort case, commercial dispute, and routine procedural appearance may require very different counsel.
- Ask who will actually handle the matter. The lawyer on the introductory call should not disappear once the engagement begins.
- Evaluate trial readiness. If the matter could be tried, choose counsel before trial becomes imminent.
- Confirm communication expectations. Local counsel should strengthen the team, not create another information silo.
- Discuss conflicts and confidentiality early. Do this before detailed case information is transmitted.
- Define fees and responsibility in writing. Avoid ambiguity about staffing, billing, referral arrangements, or division of work.
What is the difference between local counsel and a referral?
With a referral, the receiving firm may take primary responsibility for the representation. With a local-counsel or co-counsel relationship, the originating firm may remain deeply involved. The right structure depends on the case, the client, licensure, resources, and the lawyers’ desired roles.
If fees will be divided between separate firms, California lawyers should also review Rule 1.5.1 and California referral-fee requirements.
California counsel from Proper Law
Proper Law is a Los Angeles-based trial firm. Out-of-state attorneys with California matters can contact the firm to discuss local-counsel, co-counsel, or referral needs. For attorneys referring personal-injury matters, see Attorney Referrals.
Frequently Asked Questions
Does an out-of-state attorney need local counsel in California?
For a California state-court pro hac vice application, Rule 9.40 generally requires association with an active California lawyer who is attorney of record. Other courts and proceedings may have different rules.
Can California local counsel have a limited role?
The scope can vary, subject to applicable rules and the needs of the case. Counsel should define responsibilities clearly at the outset and ensure that all court and professional obligations are satisfied.
Can local counsel handle hearings for national counsel?
Potentially, yes, depending on the engagement, the lawyer’s role as counsel of record, the court’s requirements, and the matter. The litigation team should decide early who will handle significant appearances.
Is local counsel the same as referring the entire case?
No. A referral often transfers primary responsibility to the receiving firm, while a local-counsel or co-counsel arrangement can preserve a substantial role for originating counsel.
Why engage local counsel early?
Early engagement gives California counsel time to identify venue, filing, admission, courtroom, deadline, discovery, and strategy issues before they become urgent.