Keith Mack
Lawyers who live near state borders may be interested in expanding their practice to multiple states. This can be advantageous for several reasons, including increasing your client base, especially if you live in a small state or one with a low population density. However, practicing law across state borders comes with its own set of challenges. Each state has its own licensing agency with its own protocols, and most states require lawyers to pass the bar exam specific to that state. While some states offer reciprocity or accept the Uniform Bar Exam (UBE), allowing for greater portability of your legal license, others may have additional requirements such as separate tests or courses. As such, it is important to research the requirements of each state you wish to practice in and ensure you are adhering to their specific regulations.
| Characteristics | Values |
|---|---|
| Biggest hurdle | Passing the bar exam |
| License | Required for each state |
| Multi-state practice | Possible, but requires additional bar exams |
| Federal law | Requires admission to the district court where the matter is handled |
| District court admission | Requires a state bar license, but not necessarily from the same state |
| Federal fields | Bankruptcy and immigration law |
| Bar admission | Established by state bar organizations, varying across states |
| Bar reciprocity | Offered by many states, but with jurisdiction-specific components |
| Admission on motion | Possible in most states without retaking the bar exam |
| Uniform Bar Exam (UBE) | Accepted by some states, with 39 states allowing license based on UBE |
| Remote work | Allowed by ABA, but only in jurisdictions where licensed |
| Pro hac vice | Allowed in most states with collaboration with local counsel |
| Competence | Required in the area of practice |
| Disciplinary consequences | Vary from fines to disbarment |
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What You'll Learn
Becoming a multi-state lawyer
While being a multi-state lawyer comes with its challenges, it is a viable option and can offer numerous benefits. The process of becoming a multi-state lawyer is not uniform across different states, but there are some general guidelines and options to consider.
Firstly, it is important to understand the concept of bar admission. The American Bar Association (ABA) establishes policies and standards for licensing, but each state has its own licensing agency and protocols. To practice law in a state, you typically need to be admitted to the bar of that state. This usually involves passing the bar exam, which is considered the biggest hurdle in becoming a lawyer. The good news is that many states offer reciprocity, allowing lawyers admitted in a reciprocal state to gain admission without taking another exam. This can be done through admission on motion, where lawyers file a motion with the desired state's supreme court or bar association and provide certificates of good standing from other jurisdictions. The Uniform Bar Exam (UBE) is another option, which may qualify you to seek a license in up to 39 states.
Another option for practicing law in multiple states is to practice federal law in one of the 94 federal district courts across the 12 regional circuits in the United States. Fields of law that are primarily federal, such as bankruptcy and immigration, may not require admission to the state bar where the attorney is practicing. Additionally, most states allow attorneys who are not licensed in their jurisdiction to practice law on a limited basis through a practice known as pro hac vice, where they collaborate with an in-state attorney acting as local counsel.
It is worth noting that being a multi-state lawyer can be more expensive, with license fees, marketing challenges, and the need to stay up-to-date with legal statutes and procedures in multiple states. For transactional lawyers, much of their work will carry over across state borders, but litigators will need to learn local court procedures for each state.
In conclusion, becoming a multi-state lawyer offers increased flexibility, a larger client base, and the ability to work with clients across borders. While there are challenges and additional costs, the benefits can outweigh these, especially in today's legal landscape where remote work and cross-border collaboration are becoming more common.
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The Uniform Bar Exam (UBE)
Historically, each state in the US administered its own bar exam, with formats and content unique to each state. However, with lawyers increasingly residing and working in multiple states over their careers, the Uniform Bar Exam (UBE) was introduced to standardize the bar exam process. The UBE is a standardized bar exam created by the National Conference of Bar Examiners (NCBE) and has been adopted in 26 states and the District of Columbia. As of 2023, 41 of the 56 United States jurisdictions (the 50 states, plus the District of Columbia, Puerto Rico, Guam, the Virgin Islands, the Northern Mariana Islands, and Palau) have adopted the UBE.
The UBE is designed to test the knowledge and skills that every lawyer should have before becoming licensed to practice law. It is uniformly administered and scored, and the UBE score is portable, meaning it can be used to apply for admission in multiple jurisdictions that have adopted the UBE. The UBE consists of three parts: 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 and is used to assess an examinee’s ability to apply fundamental legal principles, exercise legal reasoning, and analyze fact patterns. The MEE consists of six 30-minute questions administered on the Tuesday before the last Wednesday in February and July of each year. The MPT is administered as part of the bar examination on the Tuesday before the last Wednesday in February and July of each year and counts for 20% of the UBE score.
While the UBE makes it easier to gain admission to multiple state bars, it is important to note that each jurisdiction sets its own passing score and may have additional requirements. Some states may require applicants to complete additional educational components or exams, and there may be jurisdiction-specific limitations on who can sit for the exam and how many times they can take it. Additionally, even with a UBE score, a lawyer must still apply for admission to each state bar and meet the requirements of that state, which may include background checks and certificates of good standing from other jurisdictions.
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Practicing law across state lines
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 exceptions. For example, some states offer bar reciprocity across state lines, allowing lawyers admitted in one state to practice in another without taking another bar exam. Additionally, some states allow for admission on motion, where lawyers who have passed the bar in another state can file a motion with the desired state's supreme court or board of bar examiners to gain admission. Federal courts also have their own rules, which may not require a lawyer to be admitted to the state bar where the district court is located.
For transactional lawyers, there is little downside to being a multi-state lawyer. Their legal templates can be used across state borders, and they can expand their client base. However, litigators will need to learn local court procedures in each state, which can be time-consuming and challenging.
Lawyers who live near state borders may want to expand their practice across state lines to increase their client reach and enhance professional flexibility. They can do this by taking the Uniform Bar Exam (UBE), which can qualify them to seek a license in up to 39 states. Alternatively, they can look into practicing federal law in one of the 94 federal district courts across the country or working as in-house counsel for a company.
To succeed in a multistate legal practice, attorneys must continuously educate themselves on the regulatory changes in each jurisdiction and network with local legal experts to stay current. They must also be mindful of not advertising their services in jurisdictions where they are not licensed to practice.
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State-specific rules and requirements
One standard requirement across most states is the need to pass a bar exam. However, the frequency of these exams varies, with some states offering them only twice a year, which can cause delays for lawyers looking to relocate or expand their practice. To address this, many states offer reciprocity, allowing lawyers licensed in one state to practice in another without taking an additional bar exam. This is often facilitated through the acceptance of results from the Uniform Bar Exam (UBE), which serves as a portable license recognized by up to 39 states.
Some states also offer admission on motion, where lawyers who have passed the bar in one state can seek admission to another state's bar without taking a new exam. This typically involves filing a motion with the desired state's supreme court or bar association and providing certificates of good standing from other jurisdictions. Additionally, most states allow for pro hac vice admission, where out-of-state lawyers can practice with an in-state attorney acting as local counsel. This is usually granted for specific cases or a limited duration.
While the general rule is that a lawyer must be licensed in a state to practice there, certain fields of law, such as bankruptcy and immigration, may require only a state bar license without specifying the state where the lawyer practices. Federal courts also have their own admission requirements, which may include appearing before a specific district court regardless of the state bar license origin.
It is important to note that practicing law across state borders requires careful consideration of each state's regulations to avoid disciplinary consequences. Rules may differ on advertising, remote work, and the specific scope of practice allowed for out-of-state lawyers. Lawyers must ensure they do not engage in the unauthorized practice of law by familiarizing themselves with the regulations of each jurisdiction they intend to practice in.
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Bar admission rules and procedures
In the United States, admission to the bar is governed by the individual rules and regulations of each state, territory, or jurisdiction. While the specific requirements vary, the general requirements for admission to the bar are similar across the fifty states.
Education Requirements
Most jurisdictions require candidates to earn a Juris Doctor (J.D.) degree from a law school accredited by the American Bar Association (ABA). Some states, like Oregon, allow graduates of Juris Doctor programs to obtain bar admission through alternative pathways, such as a Supervised Practice Portfolio Examination. In Washington, the state Supreme Court has approved the concept of alternative routes based on apprenticeship or work experience.
Examinations
Almost all states require candidates to pass a bar examination, which tests legal knowledge and problem-solving abilities. The bar examination is generally administered over two days and consists of two parts: the Multistate Bar Examination (MBE), which covers key areas of law, and a state-specific examination. As of January 2023, 41 states, the District of Columbia, and the U.S. Virgin Islands have adopted the Uniform Bar Examination (UBE), which includes the MBE, the Multistate Essay Examination (MEE), and the Multistate Performance Test (MPT).
Moral Character and Residency
In addition to educational and examination requirements, applicants must also demonstrate good moral character and be residents or employed in the state in which they seek admission.
Post-Examination Procedures
Upon passing the bar examination, an attorney must typically take an oath, register with the court, and receive a license to practice. In some states, like New York, admission is granted by an intermediate appellate court, while in others, like Georgia, admission is granted by the Superior Court of the county in which the attorney resides or intends to practice.
It is important to note that admission to the bar in one state does not automatically qualify an attorney to practice in another state. However, some states may waive the examination requirement for attorneys who are already members of another bar.
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Frequently asked questions
Yes, it is possible to become a multi-state lawyer. However, you will need to pass the bar exam for each state in which you want to practice. This can be costly and challenging, but it is much more common today than it was 20 years ago.
Being a multi-state lawyer can expand your client base. If you live near a state border, you can take on clients from the neighbouring state. It can also be beneficial if you work in a niche practice area, allowing you to become the go-to attorney for that area across multiple states.
You will need to pass the bar exam for each state in which you want to practice. Most states require you to pass the Uniform Bar Exam (UBE), which consists of three different examinations: the Multistate Bar Examination (MBE), the Multistate Essay Examination (MEE), and the Multistate Performance Test (MPT). Some states may also have additional requirements, such as separate tests or courses.
In most states, you can practice law on a limited basis through a practice known as pro hac vice. This typically requires submitting an application to the state bar and collaborating with a local lawyer serving as local counsel. However, you must not advertise that you are authorized to practice law in a state where you are not licensed, and you must comply with the regulations of the state in which you are practising.
