Keith Mack
Lawyers who are licensed in one state and wish to practice in another may be able to do so without retaking the bar exam. This is known as bar reciprocity, and it allows attorneys to transfer their bar exam scores from one state to another. To be eligible for bar reciprocity, attorneys must meet specific requirements, including being licensed and having practiced law for a minimum amount of time, usually five years. Some states have reciprocity agreements with other states, allowing attorneys to be admitted to the bar without taking another exam. Other states may have a waiver on motion or comity process, which allows licensed attorneys to be admitted to the bar without an exam, even without a reciprocity agreement. The Uniform Bar Exam (UBE) is accepted by several states, and attorneys who pass it can apply for admission to any state recognizing the UBE.
| Characteristics | Values |
|---|---|
| Uniform Bar Exam (UBE) reciprocity | Attorneys can transfer their bar exam scores from one state to another, exempting them from taking the Multistate Bar Exam (MBE) |
| Reciprocity agreements | Some states have reciprocity agreements with other states, allowing attorneys to be admitted to the bar without taking another exam |
| Requirements for reciprocity | Requirements vary by state and may include being a U.S. citizen, having legal experience, and meeting character and fitness requirements |
| In-house counsel registration | Attorneys can practice law on behalf of a company in a state where they are not licensed if they work as in-house counsel and meet certain requirements |
| Military spouse exemptions | Attorneys married to a military member can practice law in a state where they are not licensed if their spouse is stationed there and they meet certain requirements |
| Waiver on motion/waiver/comity | Some states allow attorneys to transfer to the state's bar without an exam even without a reciprocity agreement, as long as certain requirements are met |
| Multi-state licensure | The process varies across states, and some states offer reciprocity while others require passing multiple bar exams |
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What You'll Learn
Uniform Bar Exam (UBE) reciprocity
The Uniform Bar Examination (UBE) is a standardised bar exam in the United States developed by the NCBE. It consists of the MBE, MEE, and MPT, and offers portability of scores across state lines. The UBE is designed to test the knowledge and skills necessary to practice law, and is uniformly administered, graded, and scored.
UBE reciprocity allows attorneys to transfer their bar exam scores from one state to another, exempting them from taking the Multistate Bar Exam (MBE) or allowing them to use their previously obtained MBE score. This is particularly useful for attorneys who wish to practice in multiple states, as they can take the UBE in one state and transfer their scores to another state that accepts the UBE.
To be eligible for UBE reciprocity, attorneys must meet specific requirements that vary by state. These requirements may include having a degree from an ABA-accredited law school, a minimum number of years of prior practice, and specific CLE or state-specific training. Some states may also require a minimum score on the UBE, which can vary by state.
It is important to note that not all states recognise the UBE, and there may be limited reciprocity with larger states like New York and California. As of 2020, 41 out of 56 United States jurisdictions have adopted the UBE. Attorneys should check the specific requirements and reciprocity agreements of the state they wish to practice in.
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Reciprocity agreements
Some states that do not have formal reciprocity agreements may still allow attorneys to be admitted without taking their bar exam. For instance, California offers a shorter bar examination for attorneys licensed in other states with good standing for at least four years prior to their application. Maryland has a similar arrangement, offering a shorter bar exam for lawyers in good standing in another state for at least five years out of the ten years preceding their application.
In addition to reciprocity agreements, there are other ways for attorneys to practice law in multiple states. One option is in-house counsel registration, which allows attorneys who work as in-house counsel for a company to practice law on behalf of that company in states where they are not licensed. Another option is "waiver on motion," "waiver," or "comity," where attorneys who are already licensed in another state can be admitted to the bar of the new state without taking the bar exam, as long as they meet certain requirements such as being a U.S. citizen or permanent resident, having a certain amount of legal experience, and being in good standing in all states where they are admitted to practice.
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Military spouse exemptions
While there is no national licensing system in the US that would allow lawyers to work in any of the 50 states, there are several options for attorneys to work in a different state without taking another bar exam. One of these options is to take advantage of bar reciprocity agreements between states. Reciprocity allows attorneys to waive into a new jurisdiction and become full-fledged members of the bar in the new state, with benefits such as practising independently in court.
To get reciprocity in a new state, attorneys typically need to apply for admission to the bar of that state. Each state has its own rules and requirements for admission, which may include being a US citizen or permanent resident, having a degree from an ABA-accredited law school, and having a certain amount of legal experience. Some states have reciprocity agreements that allow licensed out-of-state attorneys to be admitted to the bar without taking the exam or completing additional CLE requirements. Other states have processes like "waiver on motion", "waiver", or "comity" that allow for admission to the bar without taking the bar exam.
The Uniform Bar Exam (UBE) is a standardised exam that is administered in several states. Attorneys who pass the UBE can apply for admission to the bar in any state that recognises it. Some states also allow attorneys who have passed the bar exam in another state to transfer their scores to the new state, provided they meet certain requirements, such as a minimum score.
In addition to bar reciprocity and military spouse exemptions, attorneys can also consider options like in-house counsel, virtual practice, or federal law areas like immigration and bankruptcy, which may allow them to work as lawyers without being licensed in a particular state.
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In-house counsel registration
Some states, like Arizona, have specific rules for in-house counsel registration. In Arizona, an attorney who is not a member of the State Bar of Arizona but is a member in good standing of another state's bar may apply for an Arizona Certificate of Registration of In-House Counsel within 90 days of commencing employment in the state. This registration allows them to practice law in Arizona as in-house counsel for a single corporation or organization, subject to the jurisdiction of the Arizona Supreme Court and the State Bar of Arizona.
Other states, like Oregon, require registration for counsel not admitted in the state. Oregon's Rule 16.05 Admission of House Counsel outlines the requirements for lawyers admitted in another jurisdiction to provide legal services on a temporary basis in Oregon.
While in-house counsel registration can provide a pathway for attorneys to practice law in multiple states, it is important to remember that each state's regulations may vary. Attorneys should consult the specific rules and requirements of the state they wish to practice in to ensure they are compliant with local laws and regulations.
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Waiver on motion
While there is no national licensing system for lawyers in the United States, attorneys can practice in multiple states without taking the bar exam in each jurisdiction. This is done through a process called bar reciprocity, which allows lawyers to waive into a new jurisdiction. Reciprocity rules vary by state, with less-populous states generally having more generous reciprocity rules.
One way to gain admission to the bar in a new state is through a process called "waiver on motion," "waiver," or "comity." This process allows attorneys who are already licensed to practice law in another state to be admitted to the bar of the new state without taking the bar exam. To qualify for a waiver on motion, attorneys must typically meet the following requirements:
- Being a U.S. citizen or permanent resident.
- Being admitted to practice law in another state, U.S. territory, or commonwealth.
- Being in good standing in all states where the attorney is admitted to practice.
- Having a certain amount of legal experience, typically a minimum of five of the seven years preceding the application.
- Meeting the character and fitness requirements for admission to the bar in the new state.
- Holding a Juris Doctor degree from a law school approved by the ABA.
- Having graduated from an American Bar Association (ABA) accredited law school.
Some states also allow attorneys who have passed the bar exam in another state to transfer their exam scores to the new state, as long as they meet certain requirements, such as a minimum score. Additionally, some states have reciprocity agreements that allow attorneys who are licensed in those states to be admitted to the bar without taking the exam or completing additional CLE requirements.
It is important to note that each state has its own rules and requirements for admission, and attorneys should carefully review the specific requirements of the state to which they are seeking admission.
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Frequently asked questions
The process for transferring a law license to another state is not uniform across the US. 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.
Bar reciprocity is a legal doctrine that allows attorneys to practice in multiple states without having to take the bar exam in each state. Reciprocity allows attorneys to transfer their bar exam scores from one state to another, exempting them from taking the Multistate Bar Exam (MBE).
To be eligible for bar reciprocity, attorneys must meet specific requirements that vary by state. Requirements may include being a licensed lawyer for a minimum of five years, being a U.S. citizen or permanent resident, and graduating from an American Bar Association (ABA)-accredited law school.
Many states have reciprocity agreements with one another, allowing attorneys to be admitted to the bar without taking another exam. For example, Alabama has reciprocity agreements with AK, CO, CT, DC, GA, IL, IN, KS, KY, ME, MA, MI, MN, MS, MO, NE, NH, NM, OH, OK, OR, PA, TN, TX, UT, VA, WA, WI, and WY. However, larger states like New York and California do not have formal reciprocity agreements.
