Anaya Nolan
Lawyers may be tempted to practice in multiple states to expand their client base and take advantage of niche markets. However, the simple answer is that attorneys must be admitted to the bar in each state they wish to practice in. The American Bar Association (ABA) has confirmed that attorneys may practice law remotely, but only in a jurisdiction where they are licensed. There are some exceptions, such as practicing federal law, and some states have reciprocity agreements with others, but each state has its own bar admission requirements, and the passing score may vary.
| 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. |
| Multi-state practice | Possible, but requires passing the bar exam in each state. |
| Uniform Bar Exam (UBE) | Standardized exam accepted by 13 states, allowing attorneys to practice in multiple jurisdictions. |
| Reciprocity | Some states have agreements allowing attorneys to practice in both without taking multiple bar exams. |
| Remote work | Allowed if practicing the law of a jurisdiction where licensed; must not advertise authorization to practice in a remote jurisdiction. |
| Federal law | Attorneys can practice in federal courts outside their state but must apply for admission to each district court. |
| Immigration law | Federal practice area where attorneys can represent clients in any state. |
| International lawyers | Must complete additional steps, including demonstrating good moral character and passing the Multistate Professional Responsibility Examination (MPRE). |
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What You'll Learn
The benefits of multijurisdictional practice
In the United States, the right to practice law is regulated by the highest court in each state, except in a few states where private state bar associations regulate the right to practice law. Each state has its own bar admission requirements, and the passing score may vary by state. This means that multijurisdictional law practice, or the ability to practice law in multiple states, can be challenging to achieve. However, there are several benefits to multijurisdictional law practice.
Firstly, multijurisdictional law practice can expand your client base. By being able to take on clients in different states, you can generate more business and increase your revenue. This is especially advantageous if you live near a border between two states. Additionally, different states may have varying demands for certain practice areas, so multijurisdictional law practice can allow you to tap into niche markets and better serve your clients.
Another benefit of multijurisdictional law practice is the added security it provides to your business. Life events can suddenly force lawyers to relocate to another state, and having the ability to practice in multiple states can help you avoid delays in accepting new clients. With the recent advancements in law firm technology, such as cloud technology and client intake software, it has become much easier to manage your practice across multiple states.
Furthermore, multijurisdictional law practice can enhance your reputation and credibility as a lawyer. By demonstrating your knowledge and expertise in multiple jurisdictions, you can establish yourself as a well-rounded and versatile legal professional. This can lead to increased client trust and confidence in your abilities.
While there may be challenges and rules to consider, such as the American Bar Association Model Rules of Professional Conduct, the benefits of multijurisdictional law practice can outweigh the drawbacks. It allows for greater flexibility, increased business opportunities, and enhanced client satisfaction. Ultimately, multijurisdictional law practice can provide a competitive advantage and help you better serve your clients' legal needs.
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State-specific requirements
While the American Bar Association (ABA) establishes policies and standards for licensing, each of the 50 states (plus Washington, DC, and the Virgin Islands) has its own licensing agency with its own protocols. The right to practice law is regulated by the highest court in that state, although private state bar associations regulate the right to practice law in a few states.
- Bar admission rules are established by state bar organizations. They sometimes extend beyond the ABA’s admissions requirements, which are designed to ensure adequate competency of the attorneys they admit.
- Most states use a bar exam score to determine competency and typically require that the test be taken and passed within their state.
- The most practical way to practice in another state is to pass the bar for that state. However, there are significant costs and challenges involved.
- Some states have begun accepting results from the Uniform Bar Exam (UBE) to help make your legal license more “portable”. Currently, 13 states administer the UBE, and attorneys who pass the UBE in one state can apply for admission to the bar in another UBE state by transferring their score.
- 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.
- Each state has its own bar admission requirements for the examination, and the passing score may vary by state.
- In most states, applicants for bar admission must demonstrate good moral character. This requirement is typically met by completing a detailed questionnaire addressing the prospective lawyer’s background and disclosures regarding criminal activity, substance abuse, or mental illness.
- Every state, with the exception of Wisconsin, requires bar applicants to pass the Multistate Professional Responsibility Examination (MPRE), a legal ethics test.
- Foreign lawyers will want to begin their preparations to take the bar exam at least one year in advance. It will be necessary to carefully review each jurisdiction’s criteria for taking the bar exam, pay the required registration fees, and complete the character and fitness questionnaire.
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Remote work and the ABA's stance
Remote work has become a top priority for lawyers since the onset of the pandemic. In a 2020 opinion, the American Bar Association (ABA) clarified that lawyers can work in a state where they are not barred or licensed, as long as they practice the law of the state in which they are admitted. This means that lawyers can work remotely from another state, as long as they are following all required professional guidelines and are "invisible" to the local jurisdiction.
This opinion is advisory and not authoritative, but it is expected to influence bar authorities and impact the profession long after the pandemic. The ABA's stance is a major step forward for lawyer mobility, as it addresses the “butt-in-seat” problem, where lawyers are physically located in a state where they are not licensed.
The pandemic has accelerated the push for ABA guidance on multi-jurisdictional practice, as more lawyers are working or wanting to work remotely. While some states, like Florida, take a tougher line on this issue, a handful of states, including Maine, Utah, and Arizona, already expressly allow lawyers to practice in a state where they are not barred.
The ABA's report on remote work also highlights other lasting shifts in the practice of law, including stress, diversity, equity, inclusion, lawyer mobility, and technology. According to the report, 87% of lawyers say their workplaces allow them to work remotely, with private practice lawyers having the most flexibility.
In addition to the ABA's opinion and report, advancements like the UBE, reciprocity laws, and law firm technology have made it much easier for lawyers to practice in multiple states. However, each state has its own bar admission requirements, and the most practical way to practice in another state is still to pass that state's bar exam.
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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 twice per year, and it is used to assess an examinee's ability to apply fundamental legal principles, exercise legal reasoning, and analyse fact patterns. The MEE consists of six 30-minute questions that are administered on the Tuesday before the MBE exam dates in February and July. The MPT is also administered as part of the bar examination on the Tuesday before the last Wednesday in February and July of each year.
The UBE is accepted in 26 states and the District of Columbia, including Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, and several others. While the UBE is uniformly administered and scored, each jurisdiction continues to independently decide who may sit for the exam and who will be admitted to practice. Additionally, some jurisdictions that use the UBE may also require applicants to complete additional educational components or exams.
The UBE has made it much easier for lawyers to practice in multiple states, as they no longer need to take a separate bar exam for each state. This can be especially advantageous for lawyers who live near a border between two states or who want to expand their client base and practice area. However, it's important to note that Rule 5.5 of the American Bar Association Model Rules of Professional Conduct states that lawyers may not practice in jurisdictions where they are not admitted, and violating these rules can result in fines or disbarment.
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Immigration law
Secondly, attorneys practicing in states where they are not licensed must be careful not to provide legal advice on other areas of law that intersect with immigration law, such as criminal or family law, as that would constitute the unauthorized practice of law in that state. For example, if an attorney needs to interpret how a state crime will be viewed under U.S. immigration laws, they must be a member of the bar in the state where the crime and conviction took place.
Thirdly, it is generally recommended to hire an attorney who is licensed and practicing in the state where your immigration case will be decided. This is because immigration law is complex, and an attorney familiar with the local laws and procedures is better equipped to handle your case effectively.
Finally, when hiring an immigration lawyer, it is important to ensure they are authorized to practice law. While some non-attorneys, such as "notarios," immigration consultants, paralegals, and document preparers, may offer immigration services, they are not authorized to practice law and may not have the necessary expertise. To verify an attorney's credentials, you can ask to see their bar card or license and contact the relevant state bar association or use their online portal to confirm their admission status.
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Frequently asked questions
No, attorneys must be admitted to the bar in each state they wish to practice in. However, there are a few exceptions. For example, if you are practicing federal law, you can appear in a federal court outside of the state where you took the bar.
Being licensed in multiple states can allow you to move around as needed without worrying about how you'll work. It can also help you expand your practice area and attract clients from outside your licensed area.
The most practical way to practice in another state is to pass the bar for that state. However, this can be costly and challenging. An alternative is to take the Uniform Bar Exam (UBE), which may qualify you to seek a license in up to 39 states.
