Lawyer's Reach: State-By-State Practice

Lawyers are often required to travel between states and even countries for work, which raises the question: can a lawyer practice law in all states? The simple answer is no. Lawyers must be admitted to the bar in each state they wish to practice in, and each state has its own bar requirements. However, there are exceptions to this rule, and there are several ways to become a multi-state lawyer.

The benefits of being a multi-state lawyer

Being a multi-state lawyer comes with a host of benefits that can enhance your legal career. Here are some key advantages:

Increased flexibility and growth opportunities

One of the most significant benefits of being licensed in multiple states is the ability to expand your practice area and serve a broader client base. You are no longer limited to clients in your licensed state, allowing you to tap into diverse markets and industries. This expansion can lead to increased revenue streams and more opportunities for growth, especially if you live near a state border or in a smaller state.

Enhanced legal expertise

Practicing in multiple jurisdictions requires you to stay current with various legal codes, rules, and regulations. This can sharpen your legal knowledge and expertise, making you a more well-rounded lawyer. You will become adept at navigating different laws and regulations, which can give you an edge over lawyers practicing in a single state.

Freedom and reduced limitations

Having licenses in multiple states gives you more freedom and reduces limitations on where you can live and work. You are not restricted to one state, allowing you to seize opportunities in different locations. This freedom can be especially beneficial if your personal circumstances change, such as moving to another state or having a spouse who relocates for work.

Ease of transition

With the creation of the Uniform Bar Exam (UBE), transitioning your legal practice across state boundaries has become more streamlined. The UBE is a standardized exam, so you may not need to take a separate bar exam for each state. Additionally, most states have reciprocity agreements, allowing lawyers admitted in a reciprocal state to gain admission through application rather than another bar exam.

Remote work possibilities

The rise of remote work in the legal field due to the COVID-19 pandemic has further broadened the horizons for multi-state lawyers. As long as you are practicing the law of a jurisdiction where you are licensed, you can work remotely from anywhere. This flexibility can enhance your work-life balance and open up new opportunities for collaboration and expansion.

Passing the bar in multiple states

The process of becoming a lawyer is a long and challenging one. It requires several years of schooling and dedication. After completing an undergraduate degree and passing the required admissions tests, individuals must attend law school, typically for three years. Then, they have to pass the state bar exam, which is a difficult and stressful experience. The bar exam rarely tests state-specific laws, but each state has its laws and regulations that lawyers must follow.

Some states make it easier for lawyers to practice in multiple states by offering reciprocity. Reciprocity allows lawyers admitted in one state to gain admission to practice in another state without taking another bar exam. For example, Washington D.C. only requires that candidates be bar-certified elsewhere and have a sponsoring lawyer vouch for their competence. Other states may require candidates to have been bar-certified elsewhere for a certain period, typically three or more years, before applying for reciprocity.

While becoming a multi-state lawyer has its benefits, there are also some drawbacks. It can be more expensive, with additional costs such as bar exam fees, travel fees, and border locations. Lawyers also have to deal with the challenge of keeping up with the different laws and regulations of each state. They may have to put in extra work to learn new statutes and maintain organization in their case files. Additionally, marketing their services across multiple states can be challenging.

Overall, passing the bar in multiple states can be a challenging but rewarding endeavour for lawyers. It allows them to expand their practice, serve a wider range of clients, and even practice in the state they wish to retire in. However, it is important to carefully consider the costs and challenges associated with maintaining bar memberships in multiple states.

State-specific rulings

State laws vary widely, and lawyers must keep up with which regulations apply in each case. This can mean double-checking research, maintaining extra levels of organization in case files, and learning a new set of rulings to apply to their work. For litigators, once they cross the state border, they will have to learn local court procedures. This means they will not be able to submit their law and motion work to the courts immediately upon passing the bar, but they will get to that point soon.

Most areas of the law, such as personal injury law or family law, have state-specific rules and requirements. If you want to practice law in these areas, you need a license from the bar in the state you want to practice in. For example, in a personal injury case, jurisdiction laws usually require a case to be filed in the state where the defendant lives or where the accident occurred.

Some states have agreements with other states that allow attorneys to practice in both states. These are known as reciprocal agreements. For example, the District of Columbia allows lawyers who have practiced law for at least five years in any state to practice law in D.C. without taking the D.C. bar. In addition, 13 states administer the Uniform Bar Exam (UBE), which is a standardized version of the Bar Exam that allows attorneys to move their practice between states more easily. Attorneys who pass the UBE in one state can apply for admission to the bar in another UBE state by transferring their score.

If you are unable to actively practice law in another state, you can 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.

Reciprocity and uniform bar admission

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 particularly 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.

To obtain reciprocity in a new state, attorneys must typically apply for admission to the bar of that state. Each state has its own rules and requirements for admission, which may include demonstrating that the attorney:

• Is a U.S. citizen or permanent resident.
• Has a certain amount of legal experience.
• Meets the character and fitness requirements for admission to the bar in the new state.
• Has passed the Multistate Professional Responsibility Exam (MPRE).
• Has completed continuing legal education courses.
• Has passed a background check.

Some states have reciprocity agreements with other states, which allow attorneys licensed in those states to be admitted to the bar without taking the exam or completing additional CLE requirements. Most states have some form of reciprocity, allowing lawyers admitted in a reciprocal state to gain admission on application—no exam required. The states offering reciprocity typically have some experience requirements, such as having actively practiced law for five years before being admitted on application or motion.

The Uniform Bar Exam (UBE) is a standardized exam administered in several states. Passing the UBE can make it easier to transfer to other UBE jurisdictions as the National Conference of Bar Examiners (NCBE) has standardized much of the process. However, even non-UBE states may use NCBE services.

In addition to bar reciprocity, most states allow attorneys who are not licensed in their jurisdiction to practice law in the jurisdiction on a limited basis through a practice known as pro hac vice. Attorneys must typically submit an application for pro hac vice to the state bar before they can represent a client in a particular case or controversy in the state.

While it is possible to become a multi-state lawyer, it is important to note that state laws can vary widely, and attorneys must be prepared to keep up with the different regulations that apply in each state.

Practicing law remotely

When practicing law remotely, it is crucial to be mindful of ethical considerations. ABA Opinion 498 and Rule 5.5 govern the ethical dimensions of remote work for lawyers. While lawyers are permitted to work remotely, they must uphold the same duties and responsibilities as they would in a traditional office setting, including maintaining client confidentiality. This may involve creating a separate workspace in their home to ensure privacy during client interactions.

Additionally, remote-working lawyers must be aware of the Uniform Practice of Law Rules and the regulations of both their licensed jurisdiction and the jurisdiction in which they are physically located. For example, if a lawyer licensed in State A is working remotely from State B, they are still subject to the laws and ethical guidelines of State A while also being mindful of State B's regulations. This complexity underscores the importance of thoroughly researching and understanding the rules of both jurisdictions.

The COVID-19 pandemic has significantly influenced the legal field, with remote work becoming more common for lawyers. The shift to virtual hearings and court appearances has made it easier for attorneys to represent their clients from their offices or homes, regardless of location. However, this new reality has also introduced ethical challenges related to cybersecurity, confidentiality, and communication. Lawyers practicing law remotely must navigate these complexities while ensuring they meet the requirements of their licensed jurisdiction and adhere to the rules of the local jurisdiction in which they are temporarily located.

Frequently asked questions