Practicing Law In California: Out-Of-State Attorney's Guide

The ability for attorneys to practice law across different states in the US has become an increasingly important topic, especially in the post-pandemic world, where remote work has transformed legal practice. While each state has its own bar exam and licensure requirements, there are several ways for attorneys licensed in one state to practice law in another. This paragraph will explore the options and limitations for attorneys licensed in other states to practice law in California.

Temporary permission to practice in California

In California, only attorneys licensed with the State Bar Association are permitted to practice law. The unauthorized practice of law is a crime under Business & Professions Code 6125, and it can lead to serious criminal penalties.

However, there are a few ways for attorneys licensed in other states to temporarily practice law in California. One way is through pro hac vice admission, where an out-of-state attorney can practice with an in-state attorney acting as local counsel. To be eligible for this, the out-of-state attorney must meet specific criteria, including:

• Maintaining an office in a United States jurisdiction other than California, where they are licensed to practice law.
• Being retained by a client in the matter for which they are providing legal services in California, except when providing legal advice to a potential client at their request.
• Indicating on any website or advertisement accessible in California that they are not a licensee of the State Bar of California or admitted to practice law only in specific states.
• Being an active attorney in good standing of the bar of a United States state, jurisdiction, possession, territory, or dependency.

Additionally, some U.S. District Courts and Courts of Appeals may honor a California bar license if the attorney practices in an area of law that is exclusively federal, such as bankruptcy or immigration. However, even some district courts within the same state may have different rules, so it is essential to research before appearing before a federal judge.

California bar license for federal courts

The general rule is that a lawyer can only practice law in a state court when they have been admitted to the bar of that state. However, there are some exceptions and workarounds for this. For example, a California-licensed attorney may be granted temporary permission to practice law in another state for a specific case through pro hac vice admission. This means they can practice with an in-state attorney acting as local counsel.

For federal courts, a lawyer must be admitted to appear in the district court where the legal matter is being handled. Admission to a district court will generally require a state bar license, but this does not need to be from the state where the district court is located. Therefore, for fields of law that are primarily federal, such as bankruptcy and immigration, a California bar license may be sufficient to practice in federal courts outside of California.

However, there is some debate on whether multiple state bar association licenses are needed to practice primarily federal law in multiple states. While some lawyers take the stance that a single federal license is sufficient, this approach can be risky. For example, a lawyer practicing bankruptcy law in Michigan with only a Texas bar card was initially admitted to the U.S. District Court for the Western District of Michigan. However, the Michigan Bar sued him for the unauthorized practice of law, and the bankruptcy court suspended him. While the Sixth Circuit later sided with the attorney, the issue remains unclear outside of that circuit.

To obtain a California bar license for federal courts, an attorney can apply for admission to the Bar of the Central District of California by submitting an application and paying the required fee. It is not necessary to be sworn in by a judge, and the admission ceremony can be organized by a law school or other organizations. However, applicants must still submit a completed application and payment for their admission to be processed.

Remote work and virtual law practice

For attorneys licensed in other states, practising law in California comes with specific considerations. The general rule is that an attorney can only practise law in a state court if they have been admitted to the bar of that state. This means that an attorney licensed in another state would need to be separately admitted to the California bar to practise law within the state.

However, there are exceptions and alternative routes to consider. One option is pro hac vice admission, where a California-licensed attorney may be granted temporary permission to practise law in another state for a specific case, working alongside an in-state attorney as local counsel. It is important to note that pro hac vice practice has limitations and requirements, such as associating with local counsel, paying a fee, and meeting other court or jurisdictional requirements.

Additionally, the field of law an attorney practises can impact the necessity of a state bar licence. Attorneys practising in areas of federal law, such as bankruptcy or immigration, may find that their California bar licence is honoured in some U.S. District Courts and Courts of Appeals. However, even within the same state, different district courts may have varying rules regarding this matter.

Another route to consider is the limited licence option offered by twenty-six states for in-house attorneys. However, this route restricts the attorney to practising law only on behalf of their corporate employer.

The evolution of remote work has also given rise to virtual law practices and freelance opportunities. Platforms like LAWCLERK enable attorneys to hire freelancers for research and drafting or to find remote attorney jobs themselves. This flexibility allows attorneys to work from anywhere and build their own virtual law practices.

In conclusion, while remote work and virtual law practices have brought about changes in the legal profession, practising law across state lines still requires careful consideration of each state's regulations and the field of law being practised. Attorneys licensed in other states who wish to practise law in California should familiarise themselves with the specific requirements and options available to them.

California bar exam and UBE

The general rule is that a lawyer can only practice law in a state court if they have been admitted to the bar of that state. However, there are some exceptions and alternative routes to achieving this.

Firstly, some states offer temporary permission for out-of-state lawyers to practice for a specific case, known as pro hac vice admission. This usually requires the association of local counsel, payment of a fee, and meeting other requirements set by the court or jurisdiction.

Secondly, 26 states offer limited licenses to in-house attorneys, but this restricts the attorney to practicing law only on behalf of their corporate employer.

Thirdly, for fields of law that are exclusively federal, such as bankruptcy or immigration, many U.S. District Courts and Courts of Appeals will admit attorneys with a California bar license. However, this is not a straightforward issue, and even within the same state, different district courts may have different rules.

Finally, some states accept the Uniform Bar Exam (UBE), a two-day exam that provides a score that is portable between jurisdictions for bar admission. California is considering moving to the UBE, which is already accepted by 45 other states. The UBE is made up of the Multistate Essay Exam (MEE) and the Multistate Bar Exam (MBE). The MEE is considered more straightforward than the California Bar Exam essays, requiring less memorization and with a greater focus on the 'call of the question'. The MBE is also considered more manageable to pass than the California Bar Exam, with a higher pass threshold.

In conclusion, while the general rule is that an attorney must be admitted to the bar of the state in which they wish to practice, there are several alternative routes to achieving this, and the UBE may soon be an option for those seeking admission to the California bar.

Military spouse exemption

In November 2018, the California State Bar Board of Trustees approved Rule 9.41.1, which allows military spouses who are licensed attorneys in other jurisdictions to practice law in California without taking the California Bar exam. This rule was created to ease the financial and timely burden of licensing each time a military spouse undergoes a Permanent Change of Station, which may occur every two to three years.

However, the rule imposes strict registration and supervision requirements. Military spouse attorneys must meet all the requirements for admission to the State Bar of California, except for taking the California Bar exam or the Multistate Professional Responsibility Examination. They can practice law while awaiting the result of their Application for Determination of Moral Character from the State Bar of California. Military spouse attorneys must be under the supervision of an attorney who is an active licensee with at least two years of experience and must abide by the rules and regulations that govern licensees of the State Bar of California, including the Minimum Continuing Legal Education ("MCLE") requirements.

The attorney supervisor must assume professional responsibility for any work performed by the military spouse attorney under their supervision. They must also assist, counsel, and provide direct supervision, approving in writing any court appearances, depositions, arbitrations, or other proceedings.

While Rule 9.41.1 makes it easier for military spouses to gain work in California, some believe that the strict supervision requirements negate its usefulness. Elizabeth Jamison, the former president of the Military Spouse JD Network, stated that military spouse attorneys are not a threat to the public and that the rule's strong language on supervision is unnecessary.

It is important to note that the practice of law across state lines is a complex issue, and each state has its own rules and regulations. Attorneys should always check with their state bar association and the relevant laws and regulations before practicing in a new state.

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