Anaya Nolan
Lawyers who live near state borders or travel frequently may want to explore obtaining multiple State Bar licenses to practice law in multiple states. This is becoming increasingly common, especially as remote work for lawyers continues to increase. However, each state has its own unique requirements for licensing, and most states require a State Bar license specifically for practicing law within their jurisdiction. Lawyers can gain admission to the state bar by applying for reciprocity with other state bars or passing the bar exams in multiple states. Additionally, lawyers must ensure that their remote practice does not violate the laws of the state where they are physically present.
| Characteristics | Values |
|---|---|
| Ways to become licensed in different states | 1. Applying for reciprocity with other state bar associations |
| 2. Passing the bar exam in multiple states | |
| 3. Passing the Uniform Bar Exam (UBE) | |
| Requirements for reciprocity | Experience practicing law, passing the bar in a specific state |
| Telecommuting from another state | Allowed in some states, prohibited in others |
| Trust accounts | Some states allow piggybacking on another state's trust account |
| Remote work | Allowed in some states, prohibited in others |
| In-house counsel | Must be licensed to practice in their location |
| Virtual law firm | Allowed in some states, prohibited in others |
| Freelance legal work | Allowed in some states, prohibited in others |
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What You'll Learn
Remote work: Can I practice law from another state?
Remote work has transformed the legal profession in recent years, but telecommuting from another state can be complicated. While some states have explicitly allowed telecommuting from other states, others may not be as accommodating. The last thing you want is to violate the rules prohibiting the unauthorized practice of law.
If you are considering practising law in another state, it is important to check with your state bar first to see if they have made any rulings on the issue. If they have, you should look into how to get licensed in that state. Most states use a bar exam score to determine competency and typically require that the test be taken and passed within their state. The two primary ways of being licensed in different states are (1) applying for reciprocity with other state bars and (2) passing the bar exams in multiple states. Most states have some form of reciprocity where they will allow lawyers admitted in a reciprocal state to gain admission on application—no exam required. The states offering reciprocity typically have some experience requirements. For example, you may need five years of actively practising law before you can be admitted on application or motion.
If you are looking to open your own virtual law firm, you may be able to work for clients in your licensed state while living elsewhere. This can also apply if you move to another country, depending on the rules of that country. However, you must closely examine the rules of your new home state or country to ensure that a virtual practice is possible. Another option is to explore freelance legal work, where you support other attorneys by completing research, document reviews, discovery, or document drafting. This could include motions, writing briefs, marketing blogs, or contracts. However, you must ensure that you are not doing any work that requires a law license in that state to be in compliance.
If you are a transactional lawyer, you may find it easier to practice law in multiple states, as you spend less time inside the courtroom. On the other hand, litigators may decide against practising in multiple states due to the hassle of understanding the local court procedures of each area.
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State-specific trust accounts
If you are considering practising law in another state, there are a few things to keep in mind. Firstly, most practice areas are governed by state law and require a state bar license. The process for becoming licensed in another state varies and may involve taking the bar exam in that state. Some states have reciprocal agreements, allowing lawyers admitted in a reciprocal state to gain admission through application without an exam. However, these states may have experience requirements, such as practising law for five years.
When it comes to state-specific trust accounts, most states will require you to set up a trust account for that particular state. This can be challenging, as finding a bank that understands the intricacies of lawyer trust accounts and can handle accounts in multiple states is difficult. Some banks may charge monthly service fees for each lawyer trust account, which violates state bar rules. Other banks may confuse an IOLTA account (where interest is paid to the State Bar) with a general business checking account. It is important to be aware of these issues and choose a bank that can effectively manage your trust account in compliance with state-specific regulations.
Some states, however, do allow lawyers to piggyback on another state's trust account if they are multi-state practitioners. This means that you may not need to set up a separate trust account for each state you practise in, but it depends on the specific states involved.
Additionally, when considering practising law in another state, it is essential to examine the rules and regulations of that state or country. For example, if you plan to work remotely or open a virtual law firm, ensure that the state or country allows it and that you are compliant with their specific requirements.
In summary, while practising law across state lines comes with challenges, understanding the specific requirements and regulations of each state involved is key to ensuring compliance and success.
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State bar reciprocity
- Practising law for a certain number of years.
- Completing continuing legal education courses.
- Passing a background check.
- 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 admitted to practise.
- Meeting character and fitness requirements.
To get reciprocity in a new state, attorneys typically need to apply for admission to the bar of that state. Reciprocity and admission on motion are often used interchangeably because they refer to the rules and procedures governing an attorney's ability to practise law in another jurisdiction without taking the new jurisdiction's examination.
Some states allow out-of-state attorneys to transfer to the state bar without taking the state bar exam, even if there is no reciprocity agreement in place between the two states. These states typically have a process called "waiver on motion", "waiver", or "comity".
In addition to state bar reciprocity, there are other ways to practise law in multiple states. For example, some states allow lawyers to piggyback on another state's trust account if they are multi-state legal practitioners. Another option is to practise 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. Alternatively, lawyers can work as in-house counsel for a company, although they cannot appear in court in this capacity.
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Passing the bar in multiple states
- Applying for reciprocity with other state bars: Many states have reciprocal agreements, and some have experience requirements, such as requiring lawyers to have a certain number of years of active law practice. Reciprocity allows lawyers admitted in a reciprocal state to gain admission to the bar in another state without taking another exam.
- Passing the bar exams in multiple states: This option provides more freedom and opportunities for lawyers to grow their practice across different states. The Uniform Bar Exam (UBE) is accepted in 39 states and can be transferred to other states for a few years. However, each state has different score requirements and additional character and fitness procedures for licensure.
For transactional lawyers, practicing in multiple states is relatively simple, as they don't have to appear in courtrooms frequently. On the other hand, litigators must learn local court procedures in each state, which can be challenging.
Additionally, remote work and telecommuting across state lines can be complicated due to rules prohibiting the unauthorized practice of law. It is essential to check with your state bar to ensure compliance with multi-state practice rules.
Practicing law in multiple states can provide benefits such as serving clients with legal needs across different jurisdictions and expanding your practice and client base. However, it is important to consider the challenges and requirements of each state to ensure compliance and effective practice.
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In-house counsel for a company
If you are considering becoming an in-house counsel for a company, you should be aware that you will need to be licensed to practice law in your location. This means that you will need to have passed the bar exam in your state. While some states have reciprocity agreements, allowing lawyers to gain admission on application without taking another exam, most states require you to have passed their bar exam to practice law in that state.
In-house counsels are often sought after for their expertise in a particular geographic area, or for their specialist knowledge. They will form relationships with outside counsel in other states, depending on the company's business interests. However, in this role, you will not be able to appear in court.
If you are looking to practice law in multiple states, you will need to take the bar exam in each state. This can be challenging, but the first exam is likely to be excellent preparation for any subsequent exams, as there is a lot of overlap in subject matter. You should also be aware that some states require you to set up a trust account specific to that state.
If you are looking to practice law across state lines, you could also consider working for a virtual law firm, or doing freelance legal work. In these cases, you will need to ensure that you are complying with the rules of your home state, and any state in which you are working.
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Frequently asked questions
Yes, there are a few ways to do this. Many states offer reciprocity if you meet certain conditions. Reciprocity is typically granted to lawyers with a certain number of years of experience practicing law, or who have passed the bar in a state deemed allowable by the state in question. Another option is to look into practicing federal law in one of the 94 federal district courts across the 12 regional circuits in the United States.
Yes, lawyers can practice law in a different state remotely, but they must be careful not to violate the laws of the place where they are physically present. This means that the lawyer cannot advise clients on matters pertaining to that state's laws, or advertise their services to the public in that jurisdiction.
Being a multi-state lawyer comes with geographical freedom and an expanded market.
