Keith Mack
Lawyers often wonder if they can practice federal law in another state. The answer is complex. While most practice areas are governed by state law and require a state bar license, even fields of law that are primarily federal—such as bankruptcy and immigration—may require a State Bar license. However, there are exceptions. For example, attorneys can appear in a federal court outside of the state where they are licensed to practice law, but they must first apply for admission to appear before each district court. With the rise of remote work, it is becoming increasingly common for lawyers to practice law in multiple states, but it is still unusual.
| Characteristics | Values |
|---|---|
| Can I practice law in any state? | No, attorneys must be admitted to the bar in each state they wish to practice in. |
| Can I practice federal law in another state? | Yes, attorneys can appear in a federal court outside of the state where they took the bar. However, they must apply for admission to appear before each district court. |
| Do I need to take the bar exam in each state? | Yes, but some states have reciprocity agreements or accept the Uniform Bar Exam (UBE). |
| Can I practice law virtually in another state? | Yes, but only if you are licensed to practice in that state. |
| Can I practice law in another state without taking the bar exam? | Yes, some states have reciprocity agreements or other exceptions, such as practicing in-house for a specific employer. |
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What You'll Learn
Federal law and state bar admission
The simple answer is that attorneys must be admitted to the bar in each state they wish to practice in. However, there are exceptions to this rule. For example, attorneys can appear in a federal court outside of the state where they took the bar, without needing to take the state bar exam where the district court is located.
Most practice areas are governed by state law and require a state bar license. Even fields of law that are primarily federal, such as bankruptcy and immigration, may require a State Bar license. However, there has been considerable litigation and debate on this issue. For example, a lawyer who practiced bankruptcy law in Michigan, carrying only a Texas bar card, was sued by the Michigan Bar for the unauthorized practice of law. After years of litigation, the Sixth Circuit sided with the attorney.
There are some options for those who do not want to go through the process of taking another bar exam. One option is to practice federal law in one of the 94 federal district courts across the 12 regional circuits in the United States. Each court has its own court of appeals, with 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.
There are also some states that have agreements with other states that allow attorneys to practice in both states. 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.
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Multi-state practice and reciprocity
While the general rule is that a lawyer can only practice law in a state where they are licensed, there are some exceptions. These include practicing federal law, where attorneys can appear in a federal court outside of the state where they are licensed, and pro hac vice arrangements, where an out-of-state lawyer can practice with an in-state attorney acting as local counsel.
Even fields of law that are primarily federal, such as bankruptcy and immigration, may require a State Bar license. However, there has been considerable litigation and debate on this issue. For example, a lawyer who practiced bankruptcy law in Michigan with only a Texas bar license was initially admitted to the U.S. District Court for the Western District of Michigan. However, the Michigan Bar later sued him for the unauthorized practice of law, and the bankruptcy court suspended him. After years of litigation, the Sixth Circuit sided with the attorney and reversed the bankruptcy court's decision.
To avoid issues, it is generally recommended that lawyers obtain a license in each state they wish to practice in. This can be achieved by taking the bar exam in multiple states. Alternatively, some states have reciprocity agreements that allow lawyers to practice in multiple states with a single license. For example, the District of Columbia allows lawyers who have practiced law for at least five years in any state to practice in D.C. without taking the D.C. bar exam. Other states with similar reciprocity agreements include Georgia, Indiana, Iowa, Minnesota, Mississippi, Missouri, Nebraska, and North Dakota.
Additionally, the advent of virtual law firms and freelance legal work has created more opportunities for lawyers to practice across state lines without needing a license in each state. However, it is important to closely examine the rules of each state to ensure compliance with local regulations.
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In-house counsel and virtual practice
The COVID-19 pandemic has accelerated the shift towards virtual legal practice, with many law offices now fully virtual. This has, in turn, made it easier for lawyers to practice across state lines.
In the US, each of the 50 states has its own licensing agency with its own protocols. This means that lawyers are generally only allowed to practice law in the state where they took and passed the bar exam. However, there are some exceptions. For example, an attorney can practice federal law in a federal court outside of the state where they took the bar, as long as they first apply for admission to appear before each district court.
Additionally, some states have agreements with other states that allow attorneys to practice in both states. 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 exam.
If you are considering working as in-house counsel in a state where you are not licensed, it is important to be aware of the licensing rules in that state. There are 13 jurisdictions that have no registration requirements for in-house counsel: Alaska, Arkansas, the District of Columbia, Georgia, Maine, Maryland, Montana, New Hampshire, North Carolina, South Dakota, Vermont, West Virginia, and Wyoming. However, 36 states require in-house counsel licensed in another jurisdiction to register and pay a fee, and may require additional steps such as character and fitness investigations.
Even if you are licensed to practice law in a particular state, you must also be physically present in that state to practice law there. The American Bar Association (ABA) has determined that:
> Lawyers may ethically engage in practicing law as authorized by their licensing jurisdiction while being physically present in a jurisdiction in which they are not admitted.
However, each jurisdiction determines what constitutes the unauthorized practice of law, so it is important to be aware of the rules and regulations in the state where you are practicing.
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Pro hac vice admission
The process of pro hac vice admission typically involves the following:
- Local counsel vouches for the pro hac vice attorney's ability to learn the local law and comply with matters of local practice, including local rules.
- The pro hac vice applicant swears to abide by the written rules and makes a proactive effort to learn them.
- The attorney applicant must file a motion to appear pro hac vice, which includes their full contact information and is filed without a return date.
- The attorney applicant must submit an affidavit, which includes information on whether they have ever been convicted of a felony, censured, suspended, disbarred, or denied admission by any court, and whether there are any disciplinary proceedings against them.
- The attorney applicant must submit a certificate of good standing from each state court of which they are a member.
- The attorney applicant must pay a fee for pro hac vice admission.
It is important to note that the specific requirements for pro hac vice admission may vary across different jurisdictions, and attorneys practicing under this admission are subject to the discipline of the jurisdiction they are visiting.
While pro hac vice admission provides an avenue for attorneys to practice in multiple states, it is not without its challenges. For example, the participation of local counsel may increase costs for the client, and there may be conflicting views on the degree of involvement required by local counsel. Additionally, there is a risk of litigation if the attorney is not properly admitted to the bar in the state where they are practicing.
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The Uniform Bar Exam (UBE)
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 200-question, multiple-choice exam administered over a six-hour period on two dates per year: the last Wednesday of February and the last Wednesday of July. The MEE consists of six 30-minute questions that are administered on the Tuesday before the last Wednesday in February and July. The MPT is administered on the same dates as the MEE.
The UBE is graded and scored by user jurisdictions, which include 26 states and the District of Columbia. These jurisdictions independently decide who may sit for the exam and who will be admitted to practice. While the UBE is a standardised exam, some jurisdictions that use it may also require applicants to complete additional educational components or exams. Each jurisdiction sets its own passing score.
The UBE provides a more efficient way for lawyers to become licensed in multiple states, as they do not need to retake the entire bar exam in each jurisdiction. Instead, they can transfer their UBE score to seek admission in other UBE jurisdictions.
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Frequently asked questions
The simple answer is no, attorneys must be admitted to the bar in each state they wish to practice in. However, there are some exceptions. For example, attorneys can practice federal law in one of the 94 federal district courts across the 12 regional circuits in the United States. Additionally, some states have agreements with other states that allow attorneys to practice in both states.
Being a multi-state lawyer can give you more professional freedom and a broader scope of clients. Other benefits include geographical freedom and an expanded market.
Becoming a multi-state lawyer usually involves passing the State Bar exam for each state in which you wish to represent clients. However, there are some alternative options. Reciprocity and the Uniform Bar Exam (UBE) can be ways to extend your practice without taking multiple bar exams.
