Pro Hac Vice & Depositions

Assume a suit is venued in Nevada. Defendant discloses an expert in Colorado. Plaintiff deposes the expert. At the deposition a Colorado attorney appears and takes the deposition for Plaintiff. The Colorado attorney is not licensed in Nevada and has not pro hac’d into Nevada for the case. Is this proper?

Probably not. I am not bar counsel, but my guess is it could be unlicensed practice of law. Although the attorney is licensed in the jurisdiction where the deposition is occurring, the case and deposition itself are governed by Nevada law. If a discovery dispute arose, a Nevada Discovery Commissioner would be called to resolve the dispute based upon Nevada law, not a Colorado judge based upon Colorado law. The deposition is only being taken in Colorado for the convenience of the witness, not because the case is governed by Colorado law.

What does the defending attorney do? Object on the record is my guess. Beyond that, weigh your options carefully about how to proceed.