Gavin Howe
Practicing law in multiple states is possible, but it requires careful navigation of the rules and regulations of each state. The American Bar Association (ABA) establishes policies and standards for licensing, but each state has its own licensing agency and protocols. Lawyers must typically be admitted to the bar of the state in which they wish to practice, and each state has its own rules and requirements for admission. Some states have reciprocity agreements, allowing attorneys licensed in one state to be admitted to the bar of another without taking the bar exam. However, the absence of reciprocity does not necessarily preclude the possibility of practicing law in another state, as some states have processes like waiver on motion or comity that allow for admission to the bar without an exam. The Uniform Bar Exam (UBE) has also been introduced to facilitate attorneys practicing in multiple states, with scores that are portable between jurisdictions that accept it. Interstate practice has gained attention due to the rise of remote work, but it remains a complex issue, with lawyers needing to be cautious about unauthorized practice of law (UPL) charges.
| Characteristics | Values |
|---|---|
| Can lawyers practice law in multiple states? | Yes, but it depends on the state and the lawyer's license. |
| What are the benefits of practicing law in multiple states? | Increased client reach, enhanced professional flexibility, and a larger client base. |
| What are the challenges of practicing law in multiple states? | Planning and effort are required to manage multiple jurisdictions. |
| What are the requirements for practicing law in multiple states? | Admission to the state bar, compliance with local regulations, and knowledge of interstate practice rules. |
| Are there any exceptions to the requirements? | Yes, attorneys can be admitted on a pro hac vice basis or through bar reciprocity agreements. |
| How does the Uniform Bar Exam (UBE) help attorneys practice in multiple states? | The UBE is a portable score accepted by multiple jurisdictions, making it easier to obtain licenses in multiple states. |
| What are the ethical considerations for interstate practice? | Unauthorized practice of law (UPL) is prohibited, and lawyers must comply with multijurisdictional practice rules and local regulations. |
| Are there any resources for lawyers intending to practice interstate? | Yes, guides and information are available from legal organizations and state bar associations. |
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What You'll Learn
Interstate practice for law professionals
The ability to practice law across state lines is an important aspect of legal practice, especially with the rise of remote work. While the specific rules vary across jurisdictions, there are some general principles and trends that can be observed.
In the United States, the American Bar Association (ABA) establishes policies and standards for licensing, but each state has its own licensing agency with its own protocols and bar admission rules. This means that lawyers who wish to practice in multiple states may need to obtain separate licenses for each state, typically by taking that state's bar exam. However, this can be a challenging and time-consuming process, and not all states' bar exams are equal in terms of difficulty or recognition.
To facilitate lawyers' ability to practice across state lines, some states have adopted the Uniform Bar Exam (UBE), which allows lawyers to take one exam and have their scores transferred to other states that accept the UBE. Additionally, some states have reciprocity agreements, which allow attorneys licensed in one state to be admitted to the bar of another state without taking an additional exam. Even without formal reciprocity agreements, some states allow attorneys to transfer to another state's bar through processes like "waiver on motion," as long as certain requirements are met.
The ABA has also adopted rules that allow lawyers to practice across state lines more freely. For example, Model Rule 5.5(c) allows lawyers to provide legal services on a temporary basis in a jurisdiction where they are not admitted, as long as they associate with local counsel or are participating in certain types of legal proceedings. Additionally, the ABA's Formal Opinion 495 recognizes that technology has made it possible for lawyers to practice virtually in jurisdictions where they are licensed, even if they are physically located in a different state.
In Australia, the process for interstate legal practice varies by state. For example, in New South Wales (NSW), an interstate practitioner intending to practice must provide written notice to the Law Society at least 14 days in advance and comply with other local requirements. Additionally, the Legal Profession Uniform Law (NSW) facilitates holders of Australian practicing certificates to engage in legal practice in NSW, with the extent of entitlement outlined in Schedule 3 of the Uniform Law.
While the specifics of interstate legal practice vary by jurisdiction, it is generally possible for lawyers to practice in multiple states or jurisdictions. However, it is important for lawyers to carefully research and understand the rules and regulations of each jurisdiction they wish to practice in to avoid unauthorized practice of law (UPL) charges.
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Bar reciprocity and admission
Bar reciprocity is an umbrella term for transfer agreements between states, allowing attorneys to practice law in a state where they did not take the bar exam. The concept of bar reciprocity is especially useful for attorneys who have practiced for several years but must relocate for a new job, or for students who live in places where several states are within close proximity.
The requirements for bar reciprocity vary by state, and some states do not have reciprocity agreements with any other state. Attorneys should always check the specific requirements of the state they wish to practice in, as failing to do so may result in unauthorized practice and disciplinary action.
Some states allow out-of-state attorneys to transfer to the state bar without taking the state's bar exam, even without a reciprocity agreement. These states typically have a process called "waiver on motion," "waiver," or "comity," which admits attorneys who are already licensed in another state as long as they meet certain requirements. These requirements may include being a U.S. citizen or permanent resident, being admitted to practice law in another state or U.S. territory, being in good standing in all states where the attorney is admitted to practice, having a certain amount of legal experience, and meeting the character and fitness requirements for the new state.
Even if an attorney qualifies for admission through waiver on motion, they may still need to complete other requirements such as paying fees, completing criminal background checks, and taking a course on the rules of professional conduct in the new state. In-house counsel registration is another option for attorneys who want to practice law in a different state. This option allows attorneys who work as in-house counsel for a company to practice law on behalf of that company in a state where they are not licensed, as long as they meet certain requirements.
The Uniform Bar Exam (UBE) is a standardized exam accepted by several states, and attorneys can transfer their UBE scores to other UBE jurisdictions. Attorneys should be aware that each UBE state may have a different passing score, so they may need to take the bar exam again if they wish to practice in a state with a higher passing score.
In addition to bar reciprocity, there are other ways for attorneys to practice across state lines. For example, attorneys admitted to practice in any state can appear in federal court as long as they are admitted to the district court where the legal matter is being handled. This is because federal courts generally require a state bar license, but not necessarily from the state where the district court is located. Attorneys can also practice across state lines on a temporary basis if they associate with local counsel or are participating in an arbitration or mediation.
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Multi-state licensing requirements
One option is to take the Uniform Bar Exam (UBE), a two-day standardized exam accepted by an increasing number of states for bar admission. The UBE allows lawyers to transfer their scores to other states for a limited period, providing an easier way to move their practice between jurisdictions. However, each state has its own unique requirements, passing scores, and rules outside of the exam, so lawyers must carefully research the requirements of each state they wish to practice in.
Another option is to take advantage of reciprocity agreements between states, which allow lawyers to be admitted to another state's bar without taking an additional bar exam, provided they meet certain conditions. These conditions may include years of practice, a clean disciplinary record, and compliance with residency requirements. Reciprocity offers a seamless transition into a new jurisdiction, providing full-fledged membership in the bar of most states.
In some cases, lawyers may not need to take any additional exams to obtain multi-state licensure. Some states will accept a lawyer's existing credentials and practical experience as proof of their capability, waiving certain requirements if the attorney meets specific criteria.
Additionally, focusing on federal law can enable lawyers to practice in federal courts nationwide without needing individual state licensure. This pathway is advantageous for attorneys in specialized fields such as immigration, bankruptcy, or tax law. However, it is important to note that federal law practice does not grant authority to handle state-specific legal matters.
To maintain their multi-state licenses, lawyers must complete Continuous Legal Education (CLE) hours each year, which can incur significant costs and time commitments. They must also stay compliant by keeping diligent records and adapting to the diverse legal landscapes of each state.
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Telecommuting and remote work
The COVID-19 pandemic has drastically changed the way millions of Americans work, with a large segment of the workforce working remotely from home. Law firms across the country now offer a flexible working environment, with many settling on a hybrid working schedule and some offering fully remote positions.
However, remote work poses unique challenges for managing personnel and supervising attorneys. Careful attention must be paid to the applicable rules of professional conduct regarding where the attorney lives and works to ensure that the attorney fully complies with these rules. For example, an attorney licensed in state A could ethically practice the law of state A remotely from state B as long as state B has adopted a version of ABA Model Rule 5.5. Managing partners should know the applicable UPL rules of the jurisdictions in which their attorneys are living and practicing as these rules determine whether the attorney can legally practice remotely.
In the case of interstate law firms, registration does not confer the right to practice law in a state upon any lawyer not licensed to practice law in that state. For example, in North Carolina, all legal services provided to North Carolina residents must be provided by licensed North Carolina attorneys. However, this does not mean that a North Carolina attorney cannot work in conjunction with out-of-state attorneys to provide legal services in North Carolina matters.
When an employee works remotely from another state, the employer will usually be required to follow the laws of the remote state, including anti-discrimination laws, leave laws, minimum wage laws, and payroll practices. However, for such laws to apply, the employee would need to establish that their state has specific jurisdiction over the employer.
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Interstate practice in NSW
In New South Wales (NSW), the Legal Profession Uniform Law (NSW) (“Uniform Law") allows holders of Australian practising certificates to engage in legal practice in the state. Interstate practitioners intending to practise in NSW must notify the Law Society at least 14 days in advance in writing. This applies to both incorporated and unincorporated legal practices.
If an interstate law practice has a branch office in NSW, the Law Society requires notification to ensure appropriate supervision and professional indemnity insurance for the practitioner and the law practice. The Law Society of NSW must be notified if an interstate practitioner is authorised to withdraw money from a New South Wales Trust Account.
For NSW practising certificate holders intending to engage in legal practice in another Australian jurisdiction, prior contact with the designated local regulatory authority (DLRA) is necessary. There may be a requirement to provide the DLRA with prior written notice of this intention.
Similarly, if an interstate practitioner permanently moves their principal place of practice to NSW during a financial year, they should renew their practising certificate with the Law Society of NSW for the next financial year.
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Frequently asked questions
Yes, it is possible to practice law in another state without taking the bar exam in that state. Some states have reciprocity agreements with others, allowing attorneys to be admitted to the bar without retaking the exam. Attorneys can also apply for admission through a “waiver on motion”, which allows them to be admitted to the bar without taking the exam, provided they meet certain requirements. Additionally, the Uniform Bar Exam (UBE) is accepted by several states, allowing attorneys to transfer their scores and apply for admission to the bar in any state that recognizes the UBE.
Practicing law in multiple states offers several benefits, including increased client reach and enhanced professional flexibility. Lawyers can access a larger client base by serving clients from neighboring states, especially if their practice is in a state with low population density. It also provides opportunities for bigger and better career opportunities without being restricted to a single state.
Practicing law in multiple states comes with challenges, such as the need for careful planning and effort to manage a multi-jurisdictional career. Lawyers must navigate different bar admission procedures, requirements, and regulations in each state. They should also be aware of the potential for unauthorized practice of law (UPL) charges if they do not comply with the rules and regulations of each state.
