Law Practice In Colorado Vs Minnesota: What's The Difference?

Minnesota is an attractive state for lawyers to practice in, as it is home to many Fortune 500 companies and has a strong legal services system. Each state has its own rules and requirements for lawyers who want to practice there. So, can a lawyer from Colorado practice law in Minnesota?

Minnesota's reciprocity agreements

Minnesota has a set of rules and requirements for lawyers from other states who want to practice law in the state. While it is not explicitly mentioned that a lawyer from Colorado can practice law in Minnesota, there are provisions for out-of-state lawyers to be admitted to the Minnesota Bar.

Minnesota has a reciprocity agreement with Wisconsin, North Dakota, one institution in Iowa, and the Canadian province of Manitoba. This agreement primarily concerns reduced non-resident tuition prices and the elimination of non-resident admissions barriers for residents of each state/province wishing to attend a public institution in another. This is distinct from the reciprocity being discussed here, which is about the ability to practice law in a state other than the one in which a lawyer is licensed.

Minnesota's Rules for Out-of-State Lawyers:

The Minnesota State Board of Law Examiners outlines the rules for admission to the Minnesota Bar. A lawyer licensed in another jurisdiction may apply for and be granted a temporary license to practice law in Minnesota if they have accepted employment in Minnesota as a lawyer for a legal services program. To qualify for this license, the lawyer must comply with specific requirements, including providing a certificate from each jurisdiction certifying good standing and no pending charges of professional misconduct, and affidavits from their employer and character references.

Minnesota Bar Examination:

An applicant may be eligible for admission to the Minnesota Bar without examination if they meet certain requirements. These include providing documentary evidence that for at least 36 of the 60 months immediately preceding the application, the applicant held an active license to practice law, was in good standing before the highest court of all jurisdictions where admitted, and engaged in the lawful practice of law for at least 1000 hours per year.

Uniform Bar Examination (UBE):

Minnesota adopted the UBE in 2014 and now accepts UBE scores from other jurisdictions. Attorneys may be eligible for admission if they have achieved a scaled score of 145 or greater on the Multistate Bar Exam (MBE) in the past two years or a UBE score of 260 or greater within three years of the test date.

Waiver on Motion:

Even without a formal reciprocity agreement, some states allow out-of-state attorneys to transfer to the state's bar without taking the state's bar exam. This process is often called "waiver on motion," "waiver," or "comity." To qualify for admission through waiver on motion, an attorney must typically be a U.S. citizen or permanent resident, be admitted to practice law in another jurisdiction, and be in good standing in all states where they are admitted to practice.

The Minnesota Bar Examination

Day one of the Minnesota Bar Exam consists of two 90-minute Multistate Performance Test (MPT) questions and six 30-minute Multistate Essay Exam (MEE) questions. The MPT is a skills test that assesses the ability to complete tasks that are typically performed by lawyers. The MEE tests the ability to analyse legal issues and write clearly and concisely.

Day two of the exam is the Multistate Bar Exam (MBE), a 200-question, multiple-choice exam. The MBE tests general legal principles. The MBE is the most heavily weighted section of the UBE, making up 50% of the exam. The MEE makes up 30% and the MPT 20%. A total scaled score of 260 is required to pass the Minnesota Bar Exam.

To be eligible to take the Minnesota Bar Exam, applicants must have completed coursework 30 days prior to the exam, fulfilled all requirements for conferral, and will be awarded a J.D. within 120 days following the exam. Applicants must also pay fees upon submission of their application. The fees vary depending on the examinee's status and the date they file.

Attorneys may be eligible for admission without taking the Minnesota Bar Exam if they have achieved a scaled score of 145 or greater on the MBE in the past two years. They may also be eligible for admission if they have been practicing law for at least five of the past seven years immediately preceding the application for admission.

Temporary practice in Minnesota

Lawyers from other jurisdictions can also apply for a temporary license to practice law in Minnesota when they have accepted employment in the state as a lawyer for a legal services program. This temporary license is valid for up to 15 months and allows the lawyer to practice solely on behalf of the indigent clients of the designated legal services program. To qualify for this license, the lawyer must file a completed application, along with certificates from each jurisdiction certifying their good standing and that no charges of professional misconduct are pending. They must also submit an affidavit from their employer attesting to their competence and good character, confirming their employment as a lawyer for a legal services program in Minnesota, and stating that they will be supervised by a licensed Minnesota lawyer.

Additionally, Minnesota has adopted the Uniform Bar Exam (UBE), which allows attorneys who have passed the bar exam in another state to apply for admission to the Minnesota bar by transferring their exam scores. Attorneys may also be eligible for admission without having to take the Minnesota bar exam if they have achieved a scaled score of 145 or greater on the Multistate Bar Exam (MBE) in the past two years.

Requirements for a Minnesota law license

To obtain a Minnesota law license, a person must fulfil the following requirements:

Education

• Have a law degree from an ABA-approved law school.
• Have a bachelor's degree from an institution accredited by a U.S. Department of Education-recognized agency.
• Have a J.D. degree from any law school located within a state or the District of Columbia.

Work Experience

• Have been licensed to practice law in a U.S. jurisdiction for 60 of the past 84 months.
• Have been practicing law as their principal occupation for 60 of the past 84 months.
• Have been actively practicing law for at least five of the past seven years.

Examinations

• Obtain a satisfactory score on the Multistate Professional Responsibility Examination (MPRE).
• Obtain a passing score on the Minnesota Bar Examination.
• Obtain a score of 260 or higher on the Uniform Bar Exam (UBE) within the last three years.
• Alternatively, obtain a scaled score of 145 or greater on the Multistate Bar Exam (MBE) within the last two years.

Character and Fitness

• Meet the applicable character and fitness standards, including traits such as honesty, trustworthiness, diligence, and reliability.
• Provide two additional affidavits of character as prescribed by Rule 4B(4).
• Undergo a moral character and fitness investigation as part of the bar admission process.

Other Requirements

• Be at least 18 years old.
• Be a resident of Minnesota, maintain an office in the state, or designate the clerk of the Supreme Court as an agent for service of process.
• Maintain good standing in all jurisdictions where admitted, with no charges of professional misconduct pending.
• Provide an affidavit from the applicant's employer attesting to their competence and good character, as well as the fact that the applicant will be supervised by a licensed Minnesota lawyer.

Maintaining the License

To keep the Minnesota law license active and valid, lawyers must complete 45 hours of Continuing Legal Education (CLE) every three years, including three hours of ethics and two hours of elimination of bias credits.

Waiver on motion

A Colorado lawyer can start practising law in Minnesota by applying for a licence to practice law in the state. The Minnesota State Board of Law Examiners has the authority to recommend to the Court the admission and licensure of applicants to practice law in Minnesota. The Board also has the authority to establish the minimum passing score for the examinations.

To qualify for a licence, a lawyer must comply with the requirements of Rule 4A(1), (2), (3)(a) and (6) and must file the following with the Board:

• A completed application for a temporary licence to practice law in Minnesota for a legal services program.
• A certificate from the proper authority in each jurisdiction certifying that the lawyer is in good standing and that no charges of professional misconduct are pending.
• An affidavit from the applicant's employer attesting to their knowledge of the applicant's competence and good character, and the fact that the applicant has accepted employment as a lawyer for a legal services program in Minnesota and will be supervised by a licensed Minnesota lawyer.
• Two additional affidavits of character as prescribed by Rule 4B(4), and a fee as per Rule 12G.

Alternatively, a lawyer from Colorado can apply for admission to the Minnesota Bar through a process known as "waiver on motion". This process allows attorneys who are already licensed to practise law in another state to be admitted to the bar in Minnesota without taking the bar exam. To qualify for admission through waiver on motion, an attorney must typically meet the following requirements:

• Being a U.S. citizen or permanent resident.
• Being admitted to practise law in another state, U.S. territory, or commonwealth.
• Being in good standing in all states where the attorney is licensed to practise.

A waiver is a legally binding provision where either party in a contract agrees to voluntarily forfeit a claim without the other party being liable. Waivers are commonly used during settlement talks, where one party may be willing to pay out a higher award on the condition that the other party, usually the claimant, agrees to sign a waiver giving up their right to further legal action. Waivers can be in written form or can be implied through action. For example, a waiver of parental rights in child custody cases can be considered a type of waiver.

Frequently asked questions