Legal Question in Intellectual Property in Illinois

Re: Attorney Licensing

If the attorney is located in Virginia and practices there, then he only needs to be licensed in Virginia. If the attorney is going to appear in the California case to represent the client in connection with that California litigation, he would then make an application to proceed "pro hac vice," which is simply asking the California court to allow him to proceed in California for purposes of that lawsuit only. If that application is made, the attorney does not need to be licensed in California.

Re: Attorney Licensing

Well, there are two essential facts missinge here. What court is the suit filed in? Federal or state? In Virginia, Illinois, California or somewhere else? And where, if anywhere, is the attorney licensed?

A suuit can be filed anywhere; if the jurisdiction is improper, it is up to the defendant successfully to attack the jurisdiction.

Surely the lawyer is licensed and admitted to practice somewhere.

The location of the defendant is largely irrelevant to the attorney license issue. The location of the defendant is, however, very relevant to the question of where jurisdiction and venue may be had.

The term "SLAPP suit" suggests that the suit is in California. This term is an acronym for "Strategic Lawsuit Against Public Participation" which is a term that may be applied to certain suits where a particular defense is available. A given lawsuit is not a SLAPP suit ab initio; that characteristic must be asserted by the defendant. If the court agrees, the suit cannot proceed unless the court determines that it has geniune merit and is not brought solely or primarily to stifle the defandant's free-speech rights on a matter of broad public interest.

If you'd like to furnish me more details, I should be able to give you a more useful answer.