Anaya Nolan
Minnesota is a desirable place for attorneys to practice, with many Fortune 500 companies based in the state, providing ample opportunities for corporate lawyers. To practice law in Minnesota, attorneys must be admitted to the Minnesota Bar. While some states have reciprocity agreements that allow attorneys licensed in those states to be admitted to the bar without taking the exam, Minnesota does not have such an agreement with Colorado. However, it is still possible for a Colorado attorney to be admitted to the Minnesota Bar without retaking the bar exam, as Minnesota allows for admission without examination under certain circumstances.
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What You'll Learn
Minnesota's reciprocity agreements
Minnesota has several reciprocity agreements in place, which can be broadly categorised as follows:
Tuition reciprocity agreements
Minnesota has agreements with neighbouring states and one Canadian province to provide lower tuition fees for its residents to attend public colleges and universities in those places. These agreements also work in the reverse, with residents of those places receiving lower tuition fees for public colleges and universities in Minnesota. Minnesota has such agreements with Wisconsin, North Dakota, one institution in Iowa (Iowa Lakes Community College), and the Canadian province of Manitoba. Minnesota previously had a similar agreement with South Dakota, but this terminated at the conclusion of the 2023-2024 academic year.
Bar reciprocity agreements
Minnesota has bar reciprocity agreements in place, which allow attorneys to practice law in the state without needing to take the Minnesota bar exam. To qualify for this, attorneys must meet certain requirements, such as:
- Having achieved a scaled score of 145 or greater on the Multistate Bar Exam (MBE) in the past two years
- Having taken the Uniform Bar Exam (UBE) and achieving a score of 260 or greater within three years of the test date
- Having been practicing law for at least five of the past seven years immediately before the application for admission
- Being in good standing in all jurisdictions where admitted and not being currently suspended or disbarred
- Having a law degree from an ABA fully, or provisionally, approved law school
Reciprocity agreements regarding income tax
Minnesota has reciprocity agreements with Michigan and North Dakota regarding income tax. This means that residents of Minnesota working in these states can file an income tax return with the reciprocity state for a refund of the tax withheld.
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Waiver on motion
In the United States, bar reciprocity is a concept that allows attorneys to practice law in a state other than the one in which they are licensed. This can be useful for attorneys who want to work temporarily in a different state or have recently moved to a new state and wish to continue practicing law. While each state has its own rules and requirements for admission, attorneys can typically apply for admission to the bar of that state. Some states have reciprocity agreements, which allow attorneys who are licensed in one state to be admitted to the bar of another without taking an exam or completing additional CLE requirements.
Minnesota, for example, has specific requirements for bar reciprocity, including a minimum score on the Multistate Bar Exam (MBE) or the Uniform Bar Exam (UBE), and attorneys must have been practicing law for at least five of the past seven years. Minnesota's process is not based on bar reciprocity with other jurisdictions, and attorneys must meet the applicable character and fitness standards, as well as being in good standing in all jurisdictions where they are admitted.
Even without formal reciprocity between two states, attorneys may still be able to practice law in another state through a process called "waiver on motion," "waiver," or "comity." This process allows licensed attorneys to be admitted to the bar of a new state without taking that state's bar exam. To qualify for admission through waiver on motion, attorneys must typically meet requirements such as being a U.S. citizen or permanent resident, being admitted to practice law in another state or territory, and being in good standing in all states where they are admitted to practice.
A waiver, in general, is a legally binding provision in which either party in a contract agrees to voluntarily forfeit a claim without the other party being held liable. Waivers are often used in settlement talks to prevent future legal action, and they can be in written form or demonstrated through action. For example, a waiver of service in legal proceedings allows defendants to acknowledge receipt of a complaint without formal service of process, streamlining the case and reducing costs.
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Minnesota's bar exam
To become licensed to practise law in Minnesota, attorneys must pass the Minnesota Bar Exam. The process in Minnesota is not based on bar reciprocity with other jurisdictions. However, Minnesota does accept scores from the Uniform Bar Exam (UBE) and the Multistate Bar Exam (MBE). Minnesota adopted the UBE in 2014 and accepts scores from other jurisdictions. Attorneys with a UBE score of 260 or more are eligible for admission to the Minnesota Bar. MBE scores are also accepted, provided they are 145 or above and are submitted within two years of taking the exam.
Alternatively, attorneys may be eligible for admission if they have been practising law for at least five of the past seven years before their application. They must be practising law as their principal occupation and in a jurisdiction where they are admitted, or where the practice is otherwise permitted for non-admitted individuals. Attorneys must also meet the applicable character and fitness standards and have a law degree from an ABA-approved law school.
To apply for the Minnesota Bar Exam, applicants must register by the deadline. The first filing deadline is in March, and the late filing deadline is in May. The exam fee for first-time takers is $600, while attorneys retaking the exam must pay $1,050. There is also a $100 fee for using a laptop during the exam, if permitted.
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Colorado's reciprocity agreements
In the United States, bar reciprocity is a concept that allows attorneys to practise law in a state other than the one in which they are licensed. While each state has its own rules and requirements for admission, some states have reciprocity agreements that allow attorneys licensed in one state to be admitted to the bar of another without taking an exam or completing additional CLE requirements.
Colorado is a member of the State Authorization Reciprocity Agreement (SARA) through the Western Interstate Commission on Higher Education (WICHE). SARA is an agreement among member states, districts, and territories that establishes comparable national standards for interstate offerings of postsecondary distance education courses and programs. It is intended to make it easier for students to take online courses offered by postsecondary institutions based in another state.
Colorado also has a reciprocity agreement for concealed carry gun laws. Colorado does not issue non-resident permits, except for military members permanently stationed in Colorado and their families living in the state. Colorado will only honour resident CCW licences from states with which it has a reciprocity agreement. Colorado residents may only carry concealed weapons in the state using a Colorado Concealed Handgun Permit (CHP).
While I could not find explicit information on whether a Colorado attorney can practise law in Minnesota, Minnesota does have bar reciprocity agreements in place. Minnesota requires attorneys to meet certain character and fitness standards and be in good standing in all jurisdictions where they are admitted. They must not be suspended, disbarred, or have failed the Minnesota bar exam. Minnesota adopted the Uniform Bar Exam (UBE) in 2014 and accepts UBE scores from other jurisdictions. Minnesota also requires attorneys to have practised law for at least five of the past seven years before their application for admission.
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Colorado attorney's eligibility for Minnesota's bar
Colorado attorneys seeking admission to the Minnesota Bar can benefit from the state's reciprocity with other states. Minnesota allows for the admission of attorneys who have been admitted to practice in another jurisdiction, subject to meeting specific requirements. This process is known as "admission without examination" or "waiver on motion".
To qualify for admission without examination in Minnesota, attorneys must meet the following minimum requirements:
- Active practice: Applicants must have been engaged in the active practice of law for a certain period, with requirements varying between three out of the last five years to five out of the last seven years immediately preceding their application for admission.
- Good standing: Applicants must be in good standing and cannot be currently suspended or disbarred in all jurisdictions where they are admitted.
- Substantial similarity of admission requirements: The jurisdiction where the applicant is currently admitted must have admission requirements that are substantially similar to or more stringent than Minnesota's requirements.
- Proof of professional competence: Applicants must provide proof of professional competence, which can be demonstrated through various means such as submitting a Certificate of Good Standing from each jurisdiction.
- Law degree: A law degree from an ABA-approved law school is required.
- Character and fitness: Attorneys must meet the applicable character and fitness standards, including passing the Character & Fitness portion of the bar exam.
Additionally, Minnesota has specific rules and requirements for admission through a Multistate Bar Exam (MBE) score. A scaled score of 145 or greater on the MBE is required, and the exam must have been taken within the past two years. Alternatively, a Uniform Bar Exam (UBE) score of 260 or greater is accepted if submitted within three years of the test date.
It is important to note that each state establishes its own criteria for admission to the bar, and requirements may change frequently. Therefore, attorneys seeking admission to the Minnesota Bar are advised to directly contact the Minnesota Board of Law Examiners or consult with a professional for specific and up-to-date guidance.
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Frequently asked questions
Yes, but only under certain circumstances. According to the Minnesota Board of Law Examiners, an applicant may be admitted without examination if they have been admitted to practice law in another jurisdiction that has substantially similar admission requirements as Minnesota, and if they have practiced law for at least five of the past seven years in that jurisdiction. Additionally, the applicant must have passed a bar exam in that jurisdiction that is equivalent to the Minnesota bar exam, or have a scaled MBE score of 145 or above.
To be admitted to the Minnesota Bar, a Colorado attorney must meet the following requirements:
- Be licensed and in good standing in another jurisdiction of the United States, the District of Columbia, or a territory or foreign jurisdiction that allows Minnesota attorneys to be admitted without examination.
- Have actively practiced law for at least three of the five years immediately preceding the application.
- Have a practice record free of disciplinary action, professional discipline, or pending investigations.
- Establish residency as required by Minnesota rules.
Minnesota does have reciprocity with other states, allowing attorneys licensed in those states to be admitted to the Minnesota Bar without having to take the exam or complete additional CLE requirements. However, it is important to note that Minnesota's process is not based on bar reciprocity, and attorneys must meet specific requirements for admission.
