Juliana De Guzman v. R. James Nicholson

20 Vet. App. 526, 2006 U.S. Vet. App. LEXIS 1353, 2006 WL 3742693
CourtUnited States Court of Appeals for Veterans Claims
DecidedDecember 14, 2006
Docket05-991
StatusPublished
Cited by2 cases

This text of 20 Vet. App. 526 (Juliana De Guzman v. R. James Nicholson) is published on Counsel Stack Legal Research, covering United States Court of Appeals for Veterans Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Juliana De Guzman v. R. James Nicholson, 20 Vet. App. 526, 2006 U.S. Vet. App. LEXIS 1353, 2006 WL 3742693 (Cal. 2006).

Opinions

MOORMAN, Judge:

Before the Court is a motion by Clem-ente D. Paredes of 122 Purok I, Bantug Norte, Cabanatuan City, Nueva Ecija, Philippines, to represent the appellant as her counsel in this particular case only, without admission to this Court’s bar, pursuant to this Court’s pro hac vice rule, Rule 46(c) of this Court’s Rules of Practice and Procedure (Rules). U.S. Vet.App. R. 46(c). For the reasons that follow, we hold that to allow representation by an attorney who is not a member of this Court’s bar, Rule 46(c) requires that he or she meets the qualifications of an attorney described in Rule 46(a), which sets forth the requirements for attorneys who seek admission to this Court’s bar. In this regard, the attorney must, at a minimum, (1) be a person of good moral character and repute; (2) be admitted to practice in the Supreme Court of the United States, or the highest court of any state, the District of Columbia, or a United States territory or commonwealth; and (3) be in good standing in such court. Because Mr. Paredes has not shown that he is admitted to a qualifying court, he has not made the requisite showing to allow [528]*528his representation as an attorney on behalf of the appellant for the purpose of a particular case. Because he does not meet the minimum requirements to qualify as an attorney under Rule 46(c), the Court need not here address the additional “good cause” criterion of Rule 46(c) that must be shown to allow an attorney to represent a party without having gained admission to this Court’s bar. We also hold that Mr. Paredes does not meet the “good cause” criteria established in Thomas v. Derwinski, 1 Vet.App. 289 (1991), to justify his representation as a non-attorney representative for the appellant.

I. BACKGROUND

The appellant, Juliana DeGuzman, appeals the March 31, 2005, decision of the Board of Veterans’ Appeals (Board) that denied service connection for the cause of death of veteran Pastor A. DeGuzman. The appellant is the veteran’s widow. The appellant was initially represented in this appeal by counsel Mark R. Lippman of the Veterans Law Group. On January 5, 2006, the Court granted appellant’s counsel’s motion to withdraw and directed the appellant to file a brief within 60 days after the date of the Court’s order. The appellant failed to file a brief. On March 20, 2006, the Court ordered the appellant to show cause why this appeal should not be dismissed because of her failure to file a brief. On March 21, 2006, the Court received a document entitled “Appeal Brief for the Appellant.” The document was signed by Clemente D. Paredes of 122 Purok I, Bantug Norte, Cabanatuan City, Nueva Ecija, Philippines. On the document, Mr. Paredes identified himself as “Counsel for Appellant.” On the same date, the Court also received from Mr. Paredes an “Entry of Appearance of Counsel for Appellant.”

On April 25, 2006, the Court received a response to its order of March 20, 2006, signed by Mr. Paredes. The response attached a copy of the brief and an entry of appearance. On May 19, 2006, the Clerk’s Office returned the entry of appearance as nonconforming. On July 17, 2006, Mr. Pa-redes filed a motion seeking permission to represent the appellant in this case only and for leave to file the brief lodged with the Court on March 21, 2006, and to resubmit his notice of appearance. He states that he is not admitted to practice before the Court. He notes that the appellant is an indigent claimant and that he has agreed to represent her on a pro bono basis. Mr. Paredes also states, however, that the appellant has agreed to compensate him only if her claim is successful. Accompanying Mr. Paredes’ motion under Rule 46(c) is a notice of appearance and a fee agreement. The fee agreement states that the appellant shall compensate counsel “only in case of an award, at twenty (20) percent thereof.”

II. ANALYSIS

A. Rule 46 and Current Law

Mr. Paredes seeks to appear in the instant appeal pursuant to Rule 46(c) of the Court’s Rules of Practice and Procedure. He identifies himself as an attorney and provides his “Roll No. 13429.” He also lists his address in the Philippines. He provides no other information regarding any admissions and licenses. His name and “Roll No.” do, however, appear on the list of attorneys practicing before the Supreme Court of the Philippines. See www. su'premecourt.gov.ph. In his motion, he acknowledges that he has not been admitted to practice before this Court. In support of his motion, he asserts that he seeks permission to appear in this case only to assist the appellant with her filings in this Court, and that she is an indigent litigant.

Rule 46 governs the admission of an attorney to the bar of this Court and appearance by a person on behalf of a party in a particular case only, without admission [529]*529to this Court’s bar (i.e., appearance pro hac vice). Rule 46 provides:

(a) Admission of Attorneys to Bar of Court.
(1) General. A person of good moral character and repute who has been admitted to practice in the Supreme Court of the United States, or the highest court of any state, the District of Columbia or a United States territory or commonwealth with the meaning of 48 U.S.C. § 1904(e)(5), and is in good standing therein, may be admitted to the bar of the Court upon application. See Rules of Admission and Practice.
(c) Appearance in a Particular Case. On motion and a showing of good cause, the Court may permit any attorney or nonattorney practitioner not admitted to practice before the Court, or any other person in exceptional circumstances, to appear on behalf of a party or amicus for the purposes of a particular case. Whenever a person is admitted to practice under this subsection, the person will be deemed to have conferred disciplinary jurisdiction upon the Court for any alleged misconduct in the course of, in the preparation for, or in connection with any proceeding in that case.

U.S. Vet.App. R. 46(a)(1), (c). This Court’s Rule 46 was prescribed pursuant to the Court’s authority in 38 U.S.C. § 7263, which provides: “Representation of appellants shall be in accordance with the rules of practice prescribed by the Court under section 7264 of this title. In addition to members of the bar admitted to practice before the Court in accordance with such rules of practice, the Court may allow other persons to practice before the Court who meet standards of proficiency prescribed in such rules of practice.” 38 U.S.C. § 7263(b). Section 7264(a) provides: “The proceedings of the Court of Appeals for Veterans Claims shall be conducted in accordance with such rules of practice and procedure as the Court prescribes.”

Accordingly, this Court has explicit authority to prescribe rules to govern the representation of appellants in this Court, and Congress has specifically provided that the Court may allow persons to practice before the Court who have not been admitted as members of the bar so long as those persons meet “standards of proficiency” prescribed in its rules.

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Cite This Page — Counsel Stack

Bluebook (online)
20 Vet. App. 526, 2006 U.S. Vet. App. LEXIS 1353, 2006 WL 3742693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/juliana-de-guzman-v-r-james-nicholson-cavc-2006.