A non-Delaware lawyer who had been admitted pro hac vice for a matter pending before the Delaware Court of Chancery, was subject to a private admonition/probation for participating in a conference call with the court–but without his local Delaware counsel. His local counsel did not become aware of the call until after it was over. The court referred the non-Delaware attorney to the Office of Disciplinary Counsel, which is an arm of the Delaware Supreme Court.
When admitted pro hac vice in Delaware, non-Delaware lawyers agree to be bound by “all Rules of the Court”. Rules of the Court of Chancery require a Delaware attorney to be present for all court proceedings–including phone calls with the court. This is a helpful reminder for the many non-Delaware attorneys who are routinely admitted pro hac vice in Delaware. For a more detailed review of the rules and procedures for non-Delaware attorneys admitted pro hac vice, see the guidelines that appear on these pages here.