Rule 5 - Self-representation; Representation by Attorney and AppearanceSection 5.1 Representation before court(a) A party who is an individual may represent himself or herself without an attorney.(b) Except as provided in section 5.2 or 5.3, only an attorney licensed to practice law in Connecticut may represent a party before the court.(c) Nothing in this rule shall prevent a fiduciary, except a corporate fiduciary, from representing himself or herself, as fiduciary, without an attorney. (C.G.S. section 51-88; State Bar Assn. v. Connecticut Bank & Trust Co., 146 Conn. 556, 153 A.2d 453 (1959); State Bar Assn. v. Connecticut Bank & Trust Co., 145 Conn. 222, 140 A.2d 863 (1958); Probate Court Rules, section 4.2.)
Section 5.2 Out-of-state attorney appearing pro hac vice(a) An attorney licensed to practice law in Connecticut may move to permit an attorney in good standing in another state, the District of Columbia or Puerto Rico to appear pro hac vice for a party. The moving attorney shall accompany the motion with: (1) an affidavit of the out-of-state attorney:(A) certifying whether the out-of-state attorney has any disciplinary matter pending in another jurisdiction, has ever been reprimanded, suspended, placed on inactive status, disbarred or otherwise disciplined, or has ever resigned from the practice of law and, if so, setting forth the circumstances concerning the discipline or resignation;(B) agreeing to register with the statewide grievance committee in accordance with the Connecticut Practice Book while appearing in the matter and for two years after completion of the matter and immediately notify the grievance committee of the expiration of the two-year period;(C) certifying that the out-of-state attorney has paid the client security fund fee set forth in section 2-70 of the Connecticut Practice Book for the calendar year in which the motion is made; and(D) identifying by name and case number, each matter in which the out-of-state attorney has appeared pro hac vice in a Probate Court or any other court of this state and the juris number previously assigned to the attorney; and(2) a certificate, acknowledged before an officer authorized to take acknowledgements of deeds, appointing the probate judge and the judge's successors in office to be the attorney's agent for service of process.(b) The court may grant a motion to appear pro hac vice only on special and infrequent occasion. The court may act without notice and hearing. When deciding a motion under subsection (a), the court shall consider the facts or circumstances affecting the personal or financial welfare of the party, not the out-of-state attorney, which may include:(1) a longstanding attorney-client relationship predating the matter;(2) specialized skill or knowledge with respect to the party's affairs important to the matter; or(3) the client's inability to secure the services of a Connecticut attorney.(c) If the court permits an out-of-state attorney to appear pro hac vice, an attorney licensed to practice law in this state shall:(2) attend all proceedings with the attorney appearing pro hac vice unless excused by the court;(3) sign all documents filed with the court; and(4) assume full responsibility for the conduct of the matter and the attorney appearing pro hac vice.(d) If the court permits an out-of-state attorney to appear pro hac vice, the court shall immediately notify the statewide grievance committee.(e) Any out-of-state attorney permitted to appear pro hac vice in a matter shall pay the client security fund fee for each calendar year in which the attorney appears in the matter.(f) If the clerk is notified that an out-of-state attorney permitted to appear pro hac vice has failed to pay the client security fund fee under this section, the court shall, after notice and hearing, determine the appropriate sanction, which may include termination of the privilege of appearing in the matter. Section 5.3 Legal intern(a) On motion of an attorney for a party, the court may permit a law student to serve as a legal intern on behalf of the party if the party consents. The petitioner shall accompany the petition with a certification by an authorized representative of the intern's law school that the school is accredited and that the intern is in good standing.(b) If the court permits the legal intern to appear, the attorney for the party shall:(1) supervise the intern;(2) attend all proceedings with the intern;(3) sign all documents filed with the court; and(4) assume full responsibility for the conduct of the matter and the intern Section 5.4 When appearance required to be filed(a) A party representing himself or herself is not required to file an appearance.(b) Unless appointed by the court, an attorney representing a party shall file an appearance under section 5.5. If the requirements of section 5.1(b) or 5.2 are met, an attorney in the appearing attorney's law firm may appear for the party for whom the appearance is filed without filing a separate appearance.(c) A fiduciary without an attorney under section 5.1(c) is not required to file an appearance. Section 5.5 Form of appearance(a) An appearance of an attorney shall: (1) list in the heading the name of the matter, the name of the Probate Court and the date of the appearance;(2) contain the name and mailing address of the client represented by the attorney;(3) be signed by the attorney making the appearance(4) contain the attorney's name, juris number, law firm, mailing address, email address and telephone number; and(5) indicate whether the appearance is filed in lieu of, or in addition to, an appearance on file.(b) An attorney shall send a copy of the appearance to each attorney and self-represented party and certify to the court that the copy has been sent.(c) If the appearance is in lieu of an appearance on file, the attorney filing the new appearance shall, in addition to the requirements of subsection (b), send a copy of the new appearance to the attorney whose appearance is to be replaced and certify to the court that the copy has been sent. (Probate Court Rules, rule 16.)
Section 5.6 Effect of appearance on ability to challenge jurisdictionThe filing of an appearance by an attorney, by itself, does not waive the right of the party represented by the attorney to challenge jurisdiction of the court.
Section 5.7 Withdrawal of appearance(a) If permitted under rule 1.16 of the Rules of Professional Conduct, an attorney who is not a court-appointed attorney may withdraw the attorney's appearance by: (1) filing a notice of withdrawal at least three business days before a scheduled hearing; and(2) sending a copy of the withdrawal to each attorney and self-represented party and certifying to the court that the copy has been sent.(b) The three-day notice requirement under subsection (a) does not apply if: (1) an attorney has filed an appearance in lieu of another appearance on file under section 5.5; or(2) the represented party has filed a written statement indicating that the party does not object to the withdrawal. (Probate Court Rules, section 12.6.)
Section 5.8 Change of attorney's contact informationAn attorney who has entered an appearance shall notify the court of a change of the attorney's name, law firm, mailing address, email address or telephone number.
Rule 5 adopted effective 7/1/2013. Section 5.2 amended effective 7/1/2015. Section 5.2 amended effective 7/1/2017. Sections 5.2, 5.5 and 5.8 amended effective 1/1/2020; Section 5.5 amended effective July 1, 2022.