Law Degree Portability: State-By-State Practice

Lawyers may need to practice in multiple states for a variety of reasons, including job opportunities, family, or the need to expand their client base. However, the process of becoming a multi-state lawyer is not uniform across the United States. While law graduates are not bound to stay in one state, they must consider the varying requirements for practicing law in different states. Some states have their own unique bar exams, while others accept the Uniform Bar Exam (UBE) or offer reciprocity by accepting lawyers' existing credentials and licenses from other states. Internationally-educated lawyers must also meet specific requirements, including completing a Juris Doctor (J.D.) or Master of Laws (LL.M.) degree from an ABA-accredited law school.

Taking the bar exam in multiple states

If you're considering a career in law but don't want to be tied down to a specific state, you have options. One option is to take the bar exam in multiple states, especially if the state you're moving to does not have any reciprocal agreements in place. Many states will schedule their bar exams around the same time to make it easier for those who wish to take bar exams in neighbouring areas.

The Uniform Bar Exam (UBE) is a standardised test created by the National Conference of Bar Examiners (NCBE) and is accepted in 39 states. The UBE is comprised of three sections: the Multistate Bar Examination (MBE), the Multistate Essay Examination (MEE), and the Multistate Performance Test (MPT). The MBE is a six-hour, 200-question multiple-choice examination developed by NCBE and administered by user jurisdictions as part of the bar examination on the last Wednesday in February and July of each year. The MEE and MPT are administered on the Tuesday before the MBE. The UBE is a good option for those seeking to practice law in multiple states as it can be transferred across states that have UBE jurisdictions. However, it's important to note that each jurisdiction has its own requirements regarding additional exams, passing scores, and more. For example, some states may require a certain number of years of practice before they accept your UBE scores.

If you are unable or unwilling to take another bar exam, there are other options to practice law in multiple states. One option is to look into practicing federal law in one of the 94 federal district courts across the 12 regional circuits in the United States. Each of these circuits has its own court of appeals, which has jurisdiction over a wide range of cases involving violations of federal constitutional rights. Another option is to work as in-house counsel for a company, as they often look for lawyers within a particular geographic area or with specific expertise.

State-specific rules and requirements

The process of becoming a lawyer who can practice in multiple states is not uniform across the US. While some states have adopted the Uniform Bar Exam (UBE), they still have their own requirements for how those scores can be used. For example, some states may accept a lawyer's UBE score for a few years to meet their bar admission requirements. However, other states may require lawyers to take their own bar exam.

Some states have reciprocity agreements, meaning they will accept a lawyer's existing credentials as proof of their capability. These states typically require lawyers to have a certain number of years of experience before they can apply for reciprocity. It's important to note that not all states offer reciprocity with all other states.

To practice law in a particular state, you must be licensed by that state's bar association. This is true for both transactional lawyers and litigators. Transactional lawyers, who don't spend much time in courtrooms, only need to pass the bar for that state. Litigators, on the other hand, must also be familiar with courtroom procedures, which vary from state to state.

While some states explicitly allow telecommuting from other states, others may not. It is important to check with the relevant state bar association to understand their rulings on the multi-state lawyer issue.

In most cases, lawyers with a foreign law degree must successfully complete additional steps to practice law in the US. While some states allow foreign lawyers to apply for bar admission based on years of law practice and/or a qualifying foreign law degree, most jurisdictions require additional legal degrees from an ABA-accredited law school in the US.

Federal law and state bar licences

State bar licences, on the other hand, are issued by each individual state. Each state has its own court system and sets its own rules and standards for bar admission. In most cases, a person is admitted to the bar of the highest court in the jurisdiction and is thereby authorised to practise law in that jurisdiction. Some states, like New York and Georgia, are exceptions to this rule. In New York, admission is granted by one of the state's four intermediate appellate courts, and in Georgia, each new attorney is admitted to practice by the Superior Court of any county.

To be admitted to the bar, a lawyer must typically earn a Juris Doctor degree from a law school approved by the jurisdiction, pass a bar exam and professional responsibility examination, and undergo a character and fitness evaluation. Some states have begun accepting results from the Uniform Bar Exam (UBE) to make it easier to transfer your licence to another state. However, each state still has its own requirements for how these scores can be used.

While it is not necessary to be licensed in a state court to practise in a federal court, some federal courts will only honour licences in other states if you wish to practise in just the federal court. In these cases, they require membership in good standing in a state bar. Therefore, it is important to check the requirements of the specific federal court you wish to practise in.

Additionally, some states have reciprocal agreements in place, which allow licensed lawyers from other states to practise without taking another bar exam. However, if you are planning to move to another state, it is important to check the requirements for practising law in that state, as you may need to take another bar exam or pay a fee.

Reciprocity and state bar admissions

The term "reciprocity" is used to describe several types of bar admission rules and procedures. These include transferring bar exam scores, attorneys' exams, and admission based on previous practice in another jurisdiction. Reciprocity allows attorneys who are already licensed to practice law in one state to be admitted to the bar of a new state without taking the bar exam.

Some states have their own requirements for reciprocity. For example, Pennsylvania requires applicants admitted to the bar in California to submit a Complaint Check Certificate of Standing directly to the State Bar of California. Similarly, applicants admitted to the bar in Washington must obtain a Discipline History Certificate from the Washington State Bar Association.

To qualify for admission through reciprocity, attorneys must typically meet certain requirements. These include being a U.S. citizen or permanent resident, being admitted to practice law in another state or U.S. territory, being in good standing in all states where they are admitted to practice, having a certain amount of legal experience, and meeting the character and fitness requirements for the new state.

Even if an attorney qualifies for admission through reciprocity, they may still need to complete other requirements, such as paying fees, completing criminal background checks, and taking a course on the rules of professional conduct in the new state.

It is important to note that not all states have reciprocity agreements in place. In such cases, attorneys may need to take the bar exam in multiple states to be able to practice law across state lines.

Foreign law degrees and state bar regulators

In the United States, every jurisdiction requires applicants for bar admission to pass examinations that test legal knowledge and problem-solving abilities. As of January 2023, 41 states, the District of Columbia, and the U.S. Virgin Islands require applicants to pass the Uniform Bar Examination (UBE). The UBE is a series of standardised tests developed by the National Conference of Bar Examiners (NCBE) and consists of the Multistate Bar Examination (MBE), the Multistate Essay Examination (MEE), and the Multistate Performance Test (MPT).

While some states have begun accepting UBE results to make it easier to practice law across state lines, each state has its own requirements for how these scores can be used. For example, in California, a foreign lawyer must complete an additional 20 credits of study in an LL.M. program, including instruction in bar-tested subjects.

Many states recognize foreign law degrees, but these degrees are subject to review by state bar regulators. Most states require foreign lawyers to obtain a Juris Doctor (J.D.) or Master of Laws (LL.M.) degree from an American Bar Association (ABA)-accredited law school. Some states allow foreign lawyers to apply for bar admission based on years of law practice and/or a qualifying foreign law degree. However, a foreign lawyer cannot provide legal services in the United States without being admitted to at least one state's bar.

To practice law across state lines, attorneys must meet the bar admission rules established by state bar organizations. These rules sometimes extend beyond the ABA's admissions requirements. Most states use a bar exam score to determine competency and typically require that the test be taken and passed within their state. Some states have reciprocal agreements in place, allowing attorneys to practice in multiple states.

Frequently asked questions