Cameron Miranda
The short answer is no—lawyers must be admitted to the bar in each state they wish to practice in. However, there are exceptions. For example, an attorney can practice federal law in a federal court outside the state where they took the bar, without needing to take the bar exam in the state where the district court is located. Additionally, some states have reciprocity agreements, allowing attorneys to practice in both states. For instance, the District of Columbia permits lawyers who have practiced law for at least five years in any state to practice in D.C. without taking the bar exam. Furthermore, the Uniform Bar Exam (UBE) is accepted by 13 states, and attorneys who pass the UBE can apply for admission to the bar in another UBE state by transferring their score.
| Characteristics | Values |
|---|---|
| Can someone practice law in all 50 states? | No |
| Is it possible to become a multi-state lawyer? | Yes |
| Is it necessary to take multiple bar exams to become a multi-state lawyer? | No |
| What is the benefit of being a multi-state lawyer? | Larger client base |
| What is the biggest hurdle in becoming a lawyer? | Passing the bar exam |
| What is the Uniform Bar Exam (UBE)? | A two-day exam that provides a score that is portable between jurisdictions that accept the UBE for bar admission |
| How many states accept the UBE? | 35-39 |
| Can lawyers practice law remotely? | Yes, if they are practicing the law of a jurisdiction where they are licensed |
| Can lawyers practice law in a jurisdiction where they are not licensed? | Yes, but they must not advertise that they are authorized to do so and they can only do so on a limited basis through pro hac vice |
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What You'll Learn
The pros of being a multi-state lawyer
Being a multi-state lawyer in the USA comes with a host of advantages. The biggest benefit is arguably the expansion of your client base. Lawyers with a license to practice in multiple states can take on cases from a larger geographical area, which is especially beneficial for those in niche practice areas or in states with low population density. This can significantly boost business and open up more opportunities for professional growth.
Multi-state licensure also allows lawyers to serve clients with legal matters that cross state borders or involve multiple jurisdictions. This is increasingly common as remote work becomes more prevalent, and it means clients can rely on one attorney to handle all their legal needs, rather than hiring multiple lawyers. For example, a lawyer in a small state might be missing out on potential clients living just outside their licensed area. With a license to practice in the neighboring state, they could expand their practice area and take on these clients.
Additionally, multi-state licensure can offer more freedom and flexibility. Lawyers with multiple state licenses can relocate or travel without worrying about losing work or having to navigate the complex and time-consuming process of gaining admittance to practice in a new state. This is especially beneficial for lawyers who may need to move for personal reasons, such as their spouse getting a job in a different state.
Furthermore, technological advancements and regulatory changes have made it easier to practice law across state lines. Many states now allow telecommuting from other states, and the Uniform Bar Examination (UBE) has been adopted by several states, making it possible to transfer scores between jurisdictions for bar admission. This means that lawyers may not have to take a separate bar exam for each state, reducing the time and cost involved in becoming a multi-state lawyer.
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Remote work and practising law
Remote work for lawyers has become more common, but that doesn't mean every state makes it easy to telecommute. While some states have explicitly allowed telecommuting from other states, others may not be as understanding. There are state-specific rulings regarding multi-state lawyers, as well as rulings on what constitutes the unauthorized practice of law.
The American Bar Association (ABA) issued guidance in December 2020 stating that attorneys may practice law remotely if they are practising the law of a jurisdiction where they are licensed. However, if you work remotely in a jurisdiction where you are not licensed, you must ensure that the remote jurisdiction allows this arrangement and that you do not advertise that you are authorized to practice law in that jurisdiction.
For transactional lawyers, practising in multiple states is fairly simple. They don't spend much time in courtrooms, so as long as they've passed the bar for that state, they can work remotely. Litigators, on the other hand, also have to be familiar with courtroom procedures, which vary from state to state, so remote work is less practical for them.
There are several benefits to being a multi-state lawyer. Firstly, it increases the number of potential clients you can represent, which is especially beneficial for attorneys with highly specialized practices who may struggle to expand in their current market. Secondly, it provides geographical freedom and allows lawyers to live in a different state or jurisdiction from their clients.
To become a multi-state lawyer, you will usually need to pass the State Bar exam for each state in which you wish to represent clients. However, there are a few ways to get admitted to the bar in a state without taking another exam. Most states have some form of reciprocity, where they will admit lawyers from reciprocal states on application without requiring an additional exam. Additionally, the Uniform Bar Exam (UBE) is a standardized exam that allows lawyers to move their practices between states more easily.
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State-specific rules and requirements
However, there are ways to become licensed in multiple states without taking multiple bar exams. Most states have some form of reciprocity, where they will admit lawyers from other states without an additional exam. These reciprocal agreements often require lawyers to have a certain number of years of experience, typically around five. Additionally, the Uniform Bar Exam (UBE) is accepted by a growing number of states, currently 39, and passing scores can be transferred between states for a few years.
Even with these options, there are still challenges to practicing in multiple states. Each state has different requirements for trust accounts, and maintaining a law license can be expensive, with license fees and Continuing Legal Education (CLE) courses to consider. Furthermore, marketing a legal practice across state lines can be difficult, and there may be confusion with legal statutes.
For those seeking to practice law across state lines, careful planning is required. While it is possible to become licensed in multiple states, each state has its own unique requirements and procedures that must be followed.
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Reciprocity and uniform bar admission
While it is generally not possible to practice law in all 50 states without holding a license in each one, reciprocity and uniform bar admission have made it easier for lawyers to practice in multiple states.
Reciprocity
Reciprocity is an agreement between two states that allows lawyers who are licensed in one state to gain a license to practice in the other without taking another bar exam. Most states have some form of reciprocity agreement, though the specific requirements vary. For example, New York has a reciprocity agreement with several jurisdictions, but to qualify for admission without examination, applicants must have practiced law for five of the seven years preceding their application. Other requirements for reciprocity include being a U.S. citizen or permanent resident, being in good standing in all states where the attorney is licensed, and meeting the character and fitness requirements of the new state.
Uniform Bar Exam (UBE)
The Uniform Bar Exam is a two-day, standardized exam that provides a score that is portable between jurisdictions that accept the UBE for bar admission. The UBE is designed to make it easier for attorneys to practice in multiple states, as they can take the exam in one state and transfer their score to another that accepts the UBE. The UBE is currently accepted by up to 39 states and may soon be adopted by California.
Other Options
Even if a lawyer does not take the UBE, there are other ways to gain admission to practice in a state without taking another bar exam. Some states allow attorneys who have passed the bar in another state to transfer their exam scores to the new state, provided they meet certain requirements. 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, which typically requires submitting an application to the state bar.
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Practising federal law
Practising law across multiple states in the USA is a complex issue. Generally, lawyers can only practise law in the state where they took and passed the bar exam. However, there are some exceptions. One of the most notable exceptions is practising federal law.
Federal law is enforced by federal agencies, and examples of legal areas that are governed almost exclusively by federal law include securities, immigration, and many areas of environmental law. While most state laws require a State Bar licence to practise law in their jurisdiction, federal law allows attorneys to appear in a federal court outside of the state where they took the bar. This means that attorneys practising federal law can work in multiple states without obtaining a separate licence for each state.
To practise federal law in a federal court outside of their state, an attorney must first apply for admission to appear before each district court. If admitted, they are not required to take the state bar exam where the district court is located. This is because admission to district court generally requires a state bar licence, but this licence does not need to be from the state where the district court is situated.
However, it is important to note that the issue of practising federal law without a state-specific licence is not entirely clear-cut. There has been considerable litigation and debate on this issue. For example, in the Sixth Circuit, a lawyer who practised bankruptcy law in Michigan with only a Texas bar card was initially admitted to the U.S. District Court for the Western District of Michigan. However, the Michigan Bar sued him for the unauthorised practice of law, and the bankruptcy court suspended him. After years of litigation, the Sixth Circuit ultimately sided with the attorney and reversed the bankruptcy court's decision.
While practising federal law can provide attorneys with more freedom and opportunity for growth in their practice, it is essential to be cautious and well-informed about the specific requirements and regulations of each jurisdiction.
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Frequently asked questions
No, someone cannot practice law in all 50 states without being admitted to the bar in each state. However, there are exceptions. For example, an attorney can practice federal law in a federal court outside of the state where they took the bar, but they must apply for admission to the district court.
To become licensed to practice law in multiple states, you must take the bar exam in each state. However, there are some states that have reciprocity agreements, allowing lawyers to practice in both states. For example, the District of Columbia (DC) allows lawyers who have practiced law for at least five years in any state to practice law in DC without taking the DC bar exam.
The UBE is a two-day standardized exam that provides a score that is portable between jurisdictions that accept the UBE for bar admission. Currently, 13 states administer the UBE, but 35 states have adopted it.
Being a multi-state lawyer can help expand your practice area and open up a larger client base. For example, if you live in a smaller state, you may be able to attract clients from neighboring states. Additionally, some clients may need representation in multiple states and would prefer to work with one attorney who can handle their legal needs across different jurisdictions.
