Practicing Law: State-By-State Freedom

Lawyers are often required to be licensed in the state where they practise, but there are some exceptions. For example, if a lawyer is admitted on a pro hac vice basis, they can practise with an in-state attorney acting as local counsel. Lawyers can also take the Uniform Bar Exam (UBE), which may qualify them to seek a licence in up to 39 states. However, each state has its own licensing agency with its own protocols, so it's important to check with the reciprocity state bar to ensure you are licensed to practise law in a particular state.

Bar exam requirements vary by state

Some states, like California, Missouri, Indiana, Iowa, Massachusetts, and Delaware, have adopted the Uniform Bar Examination (UBE). The UBE is composed of the Multistate Performance Test (MPT), Multistate Essay Examination (MEE), and the Multistate Bar Examination (MBE). Passing scores on the UBE can be transferred to other states to meet their bar admission requirements, with some states imposing a time limit on this transferability. The District of Columbia (DC) is unique in that it allows anyone licensed by any state's bar to waive in immediately, without an experience requirement.

Other states, like Florida and Georgia, have their own jurisdiction-specific exams. Georgia, for example, has a two-step process that requires the submission of two applications with separate deadlines and fees. Additionally, some states may have specific requirements beyond the bar exam. For instance, Massachusetts requires applicants to pass the Massachusetts Law Component exam, which covers state-specific law, as a condition of bar admission.

The requirements for bar admission can also depend on the area of law being practiced. Some fields, like bankruptcy and immigration, are primarily governed by federal law, and lawyers practicing in these areas may not need to be admitted to the state bar where they are working. However, this is a debated topic, and some lawyers choose to obtain licenses in multiple states to ensure they are authorized to practice in their desired areas.

Overall, the varying bar exam requirements across states highlight the importance of understanding the specific rules and regulations of each state before applying for bar admission.

The benefits of being a multi-state lawyer

While being a multi-state lawyer is rare, it is a viable option and comes with a multitude of benefits.

Increased Client Reach and Enhanced Professional Flexibility

A lawyer licensed in multiple states can expand their client base and take on cases from other states, especially if their practice is based in a state with a low population density. This is particularly beneficial for practice areas where venue shopping is important, such as mass torts and business formation. Clients with legal needs in multiple states may also prefer to stick to one attorney, allowing the lawyer to handle all their legal matters across different jurisdictions.

Freedom and Opportunity for Growth

Being licensed in multiple states gives lawyers more freedom and opportunity for growth. It allows them to move around as needed without worrying about how they will work in a different state. This is especially advantageous if they live near a state border or in a smaller state, as they can easily expand their practice area and tap into a larger pool of potential clients.

Diversification and Resilience

In today's globalized economy, a multistate practice is a strategic necessity. It allows lawyers to diversify their income streams and strengthen their reputation by showcasing their adaptability and extensive legal knowledge. By understanding and navigating the unique challenges of multiple jurisdictions, lawyers can position themselves as versatile and resilient professionals.

Networking and Collaboration Opportunities

Expanding one's legal practice beyond a single state requires the development of a robust professional network that spans multiple jurisdictions. Joining state bar associations is an effective way to build this network, as these associations offer valuable resources and opportunities for networking, mentorship, and collaboration.

Regulatory Compliance and Professional Development

Practicing law in multiple states requires continuous education and vigilance to stay current with the ever-changing regulatory landscape across jurisdictions. Lawyers must be proactive about regulatory updates to ensure compliance and provide the best possible service to their clients. This commitment to professional growth and ethical practice enhances their expertise and strengthens their reputation as knowledgeable and reliable legal practitioners.

Federal law practice

For instance, a lawyer admitted to the federal bar in Ohio's Southern and Northern Districts and the Sixth Circuit was not admitted to the federal courts in California until they obtained a license to practice law in California. In this case, the lawyer had to obtain a California state license to practice in California's federal courts.

On the other hand, some states, like Michigan, have allowed lawyers to practice federal law without holding a state license. For example, a lawyer with only a Texas bar card was initially admitted to practice bankruptcy law in Michigan. Additionally, Washington, DC, is unique in that lawyers licensed by any state's bar can waive in immediately, regardless of their years of experience. This is due to the high number of federal lawyers and lawyers working for Congress in the district.

To avoid unauthorized practice, lawyers can appear "pro hac vice" (for the occasion) in a state where they are not licensed. In such cases, they must work with a locally licensed attorney. Another option for lawyers is to obtain a Uniform Bar Exam (UBE) score, which can be transferred to meet bar admission requirements in many states.

Overall, while federal law practice allows lawyers to work across multiple states, the specific requirements and challenges vary depending on the state in which they seek to practice.

Remote work for lawyers

If you are working remotely in a jurisdiction where you are not licensed, you must ensure that the remote jurisdiction allows this arrangement. You must also refrain from advertising that you are authorised to practise law in that remote jurisdiction.

There are several benefits to being a multi-state lawyer. For example, you can expand your client base, especially if your practice is based in a state with a low population density. Being licensed in multiple states can also be advantageous if you work in a niche practice area, allowing you to become the go-to attorney for that practice area across multiple states.

There are a few fields of law that are primarily federal, such as bankruptcy and immigration law, which may not require admission to the state bar where the attorney is practising. However, most areas of law, such as personal injury law and family law, have state-specific rules and requirements. Therefore, if you want to practise law in these areas, you will need a license from the state bar in the state you want to practise in.

If you are looking for remote attorney jobs, there are several job search websites that you can use, such as Indeed and ZipRecruiter, which offer remote attorney job postings in various states in the US, such as California, North Carolina, and Florida.

State-specific rules and requirements

The Uniform Bar Exam (UBE) has been adopted by 35 to 39 states, allowing lawyers to transfer their passing scores to meet bar admission requirements in multiple states. However, even UBE states have their own requirements for how those scores can be used. For example, some states require applicants to take a separate course and test on state subjects for admittance. Additionally, UBE scores are only valid for a certain timeframe, typically between two to five years, after which lawyers must sit for the bar exam or find another way to gain admittance.

Some states offer bar reciprocity, which includes rules and regulations around bar admission in other states. However, some states have additional jurisdiction-specific components, such as separate tests or required courses. For example, Wisconsin offers provisional admission to practicing lawyers from states that reciprocate for Wyoming lawyers.

Federal law fields like bankruptcy and immigration may not require admission to the state bar where the attorney is practicing. Attorneys can appear in federal court "pro hac vice," meaning they can practice with an in-state attorney acting as local counsel. However, admission to district court generally requires a state bar license, even if it is not from the state where the court is located.

Attorneys can practice law remotely in jurisdictions where they are licensed, but they must ensure that the remote jurisdiction allows this arrangement and must not advertise that they are authorized to practice law in that jurisdiction.

Frequently asked questions