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Matthew Fornaro

Business Litigation Attorney · Coral Springs, FL

Matthew Fornaro is a Florida business law attorney serving Coral Springs, Parkland, and Broward County. He represents small businesses in commercial litigation, contract disputes, and business torts. Schedule a consultation →

Key Takeaways

  • Florida business law protects companies from unfair competition, contract breaches, and partner disputes.
  • Acting early saves time, money, and business relationships.
  • An experienced business attorney helps you assess risk and choose the right legal strategy.

If you are licensed outside Florida and your client’s case is in a Florida state court, you need a member of The Florida Bar in good standing associated as attorney of record before the court will let you appear. That lawyer is your local counsel. Under Rule 2.510, you file a verified motion for pro hac vice admission, identify that lawyer in it, and the court decides. This guide covers what local counsel does, the filing sequence, how South Florida circuits differ, and what to settle with your Florida lawyer before the first filing.

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TL;DR

  • Florida state courts require an out-of-state lawyer to file a verified motion and associate a Florida Bar member as attorney of record.
  • Admission is case by case and court by court. Permission from a lower tribunal does not carry over to a new court.
  • Until you receive a PHV number, your Florida local counsel must e-file everything, including the motion itself.
  • The Eleventh (Miami-Dade), Fifteenth (Palm Beach) and Seventeenth (Broward) Circuits each have multiple local rules, so your local counsel’s familiarity with the courthouse matters.
  • Agree in writing on roles, communication and fees before you file anything.

Table of Contents

What local counsel does in a Florida state-court case

In a Florida state-court pro hac vice matter, the rule requires that a Florida Bar member in good standing be associated as an attorney of record. That is the legal minimum. In practice, local counsel is the lawyer who makes the case work inside a courthouse you do not practice in every day.

Typical responsibilities include:

  • Filing. Serving as the filer of record in the state e-filing portal, especially in the early days of the case.
  • Local procedure. Knowing how the assigned division and judge handle motion calendars, hearing requests, proposed orders and courtesy copies.
  • Service and deadlines. Tracking response dates under the Florida Rules of Civil Procedure and any circuit-specific requirements.
  • Hearings. Appearing when the out-of-state lawyer cannot, or standing beside you for hearings where local familiarity helps.
  • Judgment calls. Telling you how a particular motion usually plays locally, and what a local judge expects from a pleading.

The exact split of work is up to you and your Florida lawyer. Some out-of-state counsel want a lawyer who only files and signs. Others want a full co-counsel who attends hearings and helps draft. Decide which model you want at the start, because the answer drives staffing and fees.

We handle this kind of engagement for attorneys outside the area. Our own description of the role is on our page about Florida local counsel for out-of-area attorneys.

When you must associate Florida counsel or seek pro hac vice admission

An out-of-state attorney may appear in a particular Florida case only after filing a verified motion and associating a Florida Bar member as attorney of record. Three points trip people up.

One court at a time. The foreign attorney must apply in each court where a case is filed, even if a lower tribunal already granted permission. If your matter is appealed or a related action opens in a different court, plan for a new application.

The court decides, not the Bar. The Florida Bar will not rule on the motion. It receives notice and the fee, but the original motion goes to the court, and the court rules.

Discipline elsewhere is on the table. The court may consider information about discipline in other jurisdictions when deciding whether to let you appear, so the disclosures in your motion need to be complete and accurate.

If your matter is in federal court rather than state court, the process and the local counsel question differ. Our guides on Florida federal local counsel and the general pro hac vice process in Florida cover those differences.

The filing steps, in order

The sequence below follows Rule 2.510 and The Florida Bar’s limited appearance guidance. Check the current rule text and the Bar’s page before you file, because forms and procedures can be updated.

  1. Confirm you are eligible. You must be an active member in good standing of another jurisdiction’s bar. Under Rule 2.510(a), no attorney is authorized to appear under the rule if the attorney is a Florida resident, with a narrow exception for someone with a pending Florida Bar application who has not been denied admission.
  2. Line up your local counsel. The motion must name them, so the relationship has to exist before you file.
  3. Prepare the verified motion on the required form. Rule 2.510(b) requires the form and lists what it must contain, including jurisdictions where you are an active member in good standing, other Florida state-court matters where you sought pro hac vice admission in the preceding five years, and disciplinary matters or sanctions in other jurisdictions in the same period.
  4. Complete the remaining disclosures. The form also asks for representation dates and parties, compliance with the rules, service, fees or a fee waiver request, and local counsel details.
  5. Notify The Florida Bar and pay the fee. The Bar’s limited appearance process requires a $250 fee for the Motion to Appear Pro Hac Vice in court proceedings.
  6. File the original motion with the court. Your Florida local counsel does this through the e-filing portal.
  7. Register for the portal and obtain a PHV number. In Florida state trial courts and civil divisions, e-filing is mandatory for all attorneys, and a pro hac vice attorney needs to register and hold a PHV number to e-file.

What local counsel puts in the motion

The motion identifies the associated local counsel by name, record Bar address and membership status, and the form also asks for the lawyer’s address and telephone number. Send your local counsel the draft early. If a detail on their side is wrong, the court may see a defective motion.

Who files what before the PHV number arrives

This is the part that most often surprises out-of-state lawyers. According to The Florida Bar’s guidance, until the pro hac vice attorney receives a PHV number, all pleadings, including the initial motion, must be e-filed by the local Florida attorney designated in the motion. The parties should make arrangements with that attorney about filing.

Practically, that means:

  • Send final documents to local counsel with enough lead time for a review, not an hour before a deadline.
  • Agree on who signs, and who checks signature blocks and certificates of service.
  • Agree on how you will confirm that a filing was accepted by the portal, and who monitors the docket for rejections.
  • Once you have your PHV number, decide whether local counsel continues to file or you take over.

If a response deadline is close when you are retained, tell your Florida lawyer on day one. Local counsel can often file a timely paper while the pro hac vice motion is still pending, but that conversation needs to happen before the deadline, not after.

South Florida circuits: the local rules differ

Florida has 20 judicial circuits and 67 counties. Each circuit publishes its own local rules and administrative orders, and the circuit depends on the county where the action was filed. For South Florida, the official list of local rules shows that the Eleventh (Miami-Dade), Fifteenth (Palm Beach) and Seventeenth (Broward) Circuits each have multiple local rules, while several other circuits have none.

Examples from Palm Beach and Broward

Two examples show how much courtroom practice can differ from the statewide rules:

Circuit Rule What it means for motion practice
Fifteenth (Palm Beach) Local Rule No. 4 Good-faith attempt to resolve matters before setting them on the Uniform Motion Calendar. Hearings limited to ten minutes per case. The moving party provides the motion and notice of hearing.
Seventeenth (Broward) Local Rule 10A Parties scheduling a UMC hearing certify good-faith conferral and that the issues can be resolved within five minutes. Cancellations go through the Online Scheduling System. Evidentiary hearings and multiple discovery matters are barred from UMC unless the assigned judge permits them.

These are the kinds of requirements a lawyer who does not practice in the circuit can miss. A motion set for the wrong calendar, or without the required conferral, is the type of error local counsel exists to prevent.

Case management timelines

In Broward, Administrative Order 2021-19-Civ (Amendment 2) sets a Civil Case Management Plan with presumptively reasonable disposition periods of 24 months for complex cases, 18 months for general cases and 12 months for streamlined cases. Ask your local counsel how the assigned judge applies the plan, because it affects how you schedule discovery and budget for the case.

Broward case timelines by case type

Local rules versus administrative orders

Rule 2.120 distinguishes the two. A local court rule is a circuit- or county-only practice rule that fills or facilitates a statewide rule or addresses matters required to be adopted locally. An administrative order is a chief judge’s directive that can include practice rules but cannot conflict with the constitution, court rules, local rules or Supreme Court orders. The Supreme Court’s amendment, effective January 1, 2026, also clarified that chief judges may issue administrative orders establishing practice or procedure rules instead of going through the local-rule approval process. So a circuit’s rules are not only in its list of local rules: you also need to review current administrative orders on the circuit’s website.

What goes wrong when requirements are missed

What goes wrong when requirements are missed

Rule 2.510(a) does not authorize an attorney to appear if the attorney fails to notify The Florida Bar or pay the required fees, engages in a presumed “general practice” of more than three appearances within 365 days in separate cases, or is otherwise disqualified. If you handle several Florida matters a year, count them before you accept another one.

On the local side, a missed circuit requirement can get a filing rejected or a motion struck. The cost is rarely only the filing. It is a lost hearing slot, a delayed ruling and a client who wonders why a procedural point cost time. Choosing local counsel who already works in the courthouse where your case sits is the simplest way to avoid that.

Perspective

When out-of-area lawyers call us, the first question is often whether local counsel is a signature or a working role. We think it should be a working role. A Florida lawyer who only signs the motion leaves you alone with circuit rules, calendar quirks and portal rejections.

Our practice is built around business disputes and transactions for companies in South Florida, and we litigate in the courts our clients actually use. We bring more than 20 years of experience, an AV Preeminent rating and a court-tested approach to every matter. That experience lets us tell you early what a Broward or Palm Beach judge will expect, so your first filing is clean.

We also think local counsel works best when expectations are written down: who files, who attends, who talks to the client and how we bill. Settling those points at the start keeps the case moving and keeps your client’s confidence in the team.

Matthew

Settling roles, communication and fees with your Florida lawyer

Before you file, put a short engagement letter or co-counsel agreement in place. Business clients are best served when each lawyer’s role is plain from the beginning. Cover these points:

  • Scope. Is local counsel filing only, filing and appearing at hearings, or sharing drafting and strategy? Which tasks fall outside the scope?
  • Decision-making. Who makes strategy calls and who signs off on filings? Rule 2.510 makes your Florida lawyer an attorney of record, so make sure the arrangement reflects that responsibility.
  • Communication. Who is the client’s main contact? How quickly will each lawyer respond to emails or calls? How will you share drafts, and how far in advance of a deadline?
  • Client approval. Does your client know and agree that a second firm is involved? Make sure the client understands who is who.
  • Fees. Is local counsel billed hourly or per matter, who is billed (you or the client), what is the retainer and how are costs such as the Bar’s pro hac vice fee passed through? Fee-for-service legal work is commonly hourly or by matter, so put the structure in writing.
  • Conflicts and insurance. Confirm conflict checks on both sides before the motion is filed, since the Florida lawyer’s name goes on it.
  • Ending the engagement. Decide how either lawyer withdraws, and what happens to filings in progress.

These are practical steps rather than rules from a single source. Your own jurisdiction’s professional conduct rules on fee sharing, supervision and client consent also apply, so review them before you sign.

How we can help with Florida local counsel

We act as local counsel for out-of-area lawyers handling business matters in South Florida. Our work covers business litigation, contract and commercial disputes, real estate disputes, construction disputes and arbitration or mediation. Fees are billed hourly or per matter, depending on scope. If you want to see how we work with out-of-area counsel, start with our Florida local counsel guide, then reach out through our local counsel and business transactions page.

Fornarolegal

Send us the court, the case number or complaint, your response deadline and the role you want us to play. We will tell you how we would handle the matter and how we would structure the engagement.

FAQ

Does every out-of-state lawyer need local counsel in a Florida state court?

If you are not a Florida Bar member and want to appear in a particular state-court case, Rule 2.510 requires you to file a verified motion and associate a Florida Bar member as attorney of record. The court decides the motion. Federal courts have their own rules, so check the specific court if your case is there.

How much does it cost to file pro hac vice in Florida state court?

The Florida Bar’s limited appearance process requires a $250 fee for the Motion to Appear Pro Hac Vice in court proceedings. That is separate from the fees your local counsel charges. Confirm the current amount on the Bar’s page before you file.

Can I file the motion myself?

Not on your own. Until you have a PHV number, your Florida local counsel must e-file all pleadings, including the initial motion. After you register with the e-filing portal and receive a PHV number, you can e-file, subject to whatever arrangement you made with local counsel.

How many Florida cases can I appear in under pro hac vice?

Rule 2.510(a) treats more than three appearances within a 365-day period in separate cases as a presumed general practice, and it does not authorize appearances in that situation. If you expect repeat Florida work, talk to a Florida-licensed lawyer about the right approach.

Do Broward, Palm Beach and Miami-Dade courts follow the same local practices?

No. The Eleventh, Fifteenth and Seventeenth Circuits each have their own local rules, and chief judges can also issue administrative orders. Your local counsel should review the current rules and orders for the circuit and division where your case is pending.

Sources

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