Cameron Miranda
If you're a lawyer looking to practice in another state, you'll need to navigate varying state bar association requirements. While some states have reciprocity agreements, allowing lawyers admitted in a reciprocal state to gain admission without an exam, others require a separate bar exam. Even fields of law that are primarily federal may require a State Bar license. Transactional lawyers can more easily practice in multiple states, as they don't spend much time in courtrooms, but litigators must also be familiar with varying local court procedures. To avoid retaking the bar exam, lawyers can explore options like working as in-house counsel, opening a virtual law firm, or doing freelance legal work.
| Characteristics | Values |
|---|---|
| Whether you need multiple state bar association licenses | Some lawyers take the stance of “it’s primarily federal, so I’ll practice everywhere.” However, this approach can be risky. |
| Getting admitted in a state without taking another bar exam | Most states have some form of reciprocity where they will allow lawyers admitted in a reciprocal state to gain admission on application—no exam required. |
| Reciprocity requirements | Most states require you to practice law for a certain amount of time (usually at least five years) before you can apply for reciprocity. |
| Working as in-house counsel | You can work as in-house counsel for a company. Counsel must be licensed to practice in their location but will form relationships with outside counsel all over the country. However, you cannot appear in court in this capacity. |
| Virtual law firms | You may be able to work for clients in your licensed state while living elsewhere. |
| Freelance legal work | You can support other attorneys by completing research, document reviews, discovery, or document drafting without serving as a lawyer on a case. |
| Transactional lawyers | As long as they’ve passed the bar for that state, they’re good to go. |
| Litigators | Litigators also have to be familiar with courtroom procedures, which vary from state to state. |
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What You'll Learn
Bar admission requirements
Bar admission rules are established by state bar organisations, and most states use a bar exam score to determine competency. Some states require candidates to pass a bar examination, administered by the state bar association or under the authority of the supreme court of the particular state. Wisconsin and Oregon are exceptions, as they do not require a bar examination. In Wisconsin, graduates of ABA-accredited law schools may be admitted to the state bar through diploma privilege. Oregon permits students who have completed a Juris Doctor program with certain required coursework to obtain bar admission through a Supervised Practice Portfolio Examination.
Most jurisdictions require candidates to earn a Juris Doctor degree from an approved law school, usually accredited by the American Bar Association (ABA). However, some states allow graduates of state-approved law schools to take the bar exam, including Alabama, California, Connecticut, Massachusetts, West Virginia, and Tennessee.
Some states have additional requirements, such as demonstrating good moral character. Character and Fitness Committees will look into an applicant's history to determine whether they are fit to practice law. This may include prior criminal arrests or convictions, academic honor code violations, evidence of financial irresponsibility, or psychiatric disorders.
There are other ways to gain admission to practice law in a state without taking another bar exam. Most states have reciprocity, where lawyers admitted in a reciprocal state can gain admission on application. These states usually have experience requirements, such as needing five years of actively practising law.
Each court may have varying requirements, but they are typically less complex than state-by-state legal licensure. One option is to work as in-house counsel for a company. In-house counsel must be licensed to practice in their location but will form relationships with outside counsel across the country. However, they cannot appear in court in this capacity.
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Reciprocity agreements
Bar reciprocity typically involves submitting proof that an attorney has met the character and fitness standards, passed the Multistate Professional Responsibility Exam (MPRE), and has the required years of practice experience. Some states may require a certain number of years of active and substantial engagement in the lawful practice of law as the primary occupation preceding the application. For example, Iowa, Idaho, and Massachusetts require five years of practice experience for admission without taking their state bar exam.
States with reciprocity agreements include Alaska, Illinois, Indiana, Iowa, Kentucky, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New York, North Dakota, Ohio, Oklahoma, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, and Wyoming. These states have agreements with various other states, as listed in the sources.
It is important to note that not all states offer reciprocity. States that do not have reciprocity agreements include Alabama, Arizona, California, Delaware, Hawaii, Kansas, and Louisiana. Some states, like California, Delaware, Georgia, and Maryland, offer a shorter bar exam for attorneys licensed in other states with good standing for a certain number of years.
To navigate the varying requirements and processes, attorneys can refer to resources such as Clio's Bar Reciprocity guide, which provides state-specific information on the rules and requirements for reciprocity.
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Remote work
The COVID-19 pandemic has led to an increase in remote work for attorneys, but there was initially confusion about whether lawyers could work remotely from states where they were not licensed. In December 2020, the American Bar Association (ABA) issued guidance stating that attorneys may practice law remotely as long as they are practising the law of a jurisdiction where they are licensed.
The ABA's Model Rules of Professional Conduct state that an attorney may not "establish an office or other systematic and continuous presence in this jurisdiction for the practice of law" unless licensed where they are practising. However, Formal Opinion 495 clarifies that merely working remotely from one state in the courts of another state where the attorney is licensed does not constitute establishing an office. This means that the attorney cannot advise clients on matters pertaining to that state's laws, advertise their services in that jurisdiction, or use a local address on their websites, letterheads, or business cards.
Lawyers must also ensure that their remote practice does not violate the laws of the place where they are physically present. Some states have explicitly allowed telecommuting from other states, while others may not be as understanding. It is important to check with the state bar first to see if they have made a ruling on the multi-state lawyer issue.
In addition to the ABA's guidance, each state may have its own regulations regarding remote work. For example, California has stated that remote work does not alter a lawyer's ethical duties under the California Rules of Professional Conduct and the State Bar Act. Lawyers and law firms should implement reasonable measures, policies, and practices to ensure continued compliance with these rules in a remote working environment, with a particular focus on duties of confidentiality, technology competence, communication, and supervision.
While remote work has opened up new opportunities for lawyers, there are still complexities and regulations to navigate, such as licensing requirements, ethical obligations, and local Rules and Court Procedures. Technology has played a pivotal role in enhancing multi-state practice, with video conferencing, secure communication platforms, and cloud-based collaboration tools facilitating communication across various states.
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In-house counsel
In the United States, lawyers are licensed by individual states, and each state has its own unique set of rules and requirements for licensing. This can make it challenging for in-house counsel to navigate the licensing process when seeking to practice law in multiple states.
To avoid unauthorized practice of law (UPL) charges, it is crucial to be aware of the differences in licensing rules between states. The Association of Corporate Counsel (ACC) provides valuable resources, such as the Right to Practice Rules in the USA, which offers a comprehensive overview of the regulations in all 50 states and the District of Columbia. This guide includes links to bar associations and attorney admissions offices, making it a useful starting point for understanding the requirements in your desired state.
Some states have enacted ABA Model Rule 8.5, which subjects in-house counsel practicing without a state license to that state's disciplinary authority. This means that failure to register in a state that requires it can result in disciplinary proceedings. Additionally, some states mandate registration and a fee of up to $1,500 for in-house counsel licensed in another jurisdiction.
To facilitate the process of becoming licensed in multiple states, the Uniform Bar Exam (UBE) has been implemented in several states. The UBE is a standardized exam that assesses an attorney's knowledge and skills, covering general legal principles common to all states. By taking the UBE, attorneys can apply for admission to the bar in any state that recognizes it and transfer their scores to other states that accept the UBE.
It is worth noting that some states offer limited licenses for in-house counsel, and certain states, such as Arkansas, Arizona, Nebraska, New Hampshire, Washington, and the District of Columbia, currently allow in-house exemptions. These exemptions generally restrict attorneys to practicing law solely on behalf of their corporate employer.
Additionally, some states provide the option of pro hac vice admission, which grants temporary permission to practice law in another state for a specific case. However, this option often comes with limitations, such as associating with local counsel, paying fees, and meeting other requirements set by the court or jurisdiction.
In summary, while the process of becoming licensed to practice law in multiple states as in-house counsel can be complex, resources like the ACC's Right to Practice guide and the UBE exam can streamline the process. It is essential to carefully research and understand the specific requirements of each state to ensure compliance and avoid unauthorized practice of law charges.
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Virtual law firms
However, operating a virtual law firm across multiple states presents several challenges and regulatory hurdles. Lawyers must comply with rules regarding the unauthorized practice of law (UPL) in states where they are not licensed, as outlined in ABA Model Rule 5.5. Compliance with client solicitation rules, such as Model Rule 7.3, is also crucial when marketing legal services across different states. Ethical obligations, such as ensuring client confidentiality through secure cloud storage and encrypted communication, are essential.
Additionally, each state has distinct licensing requirements, including reciprocity agreements and CLE requirements, which virtual law firms must navigate to remain compliant. The lack of a physical office and reliance on technology can introduce disruptions due to technical issues and may impact client access to legal resources.
Despite these challenges, virtual law firms like Axiom and Practus LLP have successfully served clients worldwide. Axiom, a global alternative legal services provider, offers legal services at lower rates than traditional law firms by leveraging remote engagements and a network of legal professionals. Practus LLP, a distributed virtual law firm, combines legal tech with a focus on elite attorneys and enhanced client relationships.
To establish a successful virtual law firm across multiple states, it is crucial to address compliance, regulatory issues, and technological challenges while providing exceptional legal services to a diverse client base.
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Frequently asked questions
There are several ways to practice law in another state. One way is to take the bar exam in that state. Another way is to take advantage of reciprocity agreements between states, which allow lawyers admitted in a reciprocal state to gain admission on application without an exam. However, not all states offer reciprocity, and those that do may have experience requirements.
The UBE is a bar exam that covers multiple states and is accepted in 39 states. Passing the UBE can foster the portability of law licenses, but it may not be sufficient to qualify for a license in another state. Some states that administer the UBE require additional testing on state subjects for admittance.
One option is to work as in-house counsel for a company. In-house counsel must be licensed to practice in their location but can form relationships with outside counsel in other states. Another option is to open a virtual law firm, which may allow you to work for clients in your licensed state while living elsewhere.
Practicing law in multiple states can give lawyers more professional freedom and a broader scope of clients. For transactional lawyers, it can be relatively simple to practice in multiple states as they don't need to spend much time in courtrooms. However, litigators may find it more challenging due to varying courtroom procedures across states.
