Anaya Nolan
Lawyers often wonder if they can practice in multiple states and jurisdictions. The answer is not straightforward, as each state has its own unique requirements. Generally, a lawyer can only practice law in a state court if they have been admitted to the bar of that state. However, there are exceptions and workarounds, such as pro hac vice, reciprocity agreements, and the Uniform Bar Examination (UBE). These options allow lawyers to expand their practice across multiple states, increasing their career opportunities and client reach. However, there are also challenges and restrictions to be aware of when practicing law in multiple states.
| Characteristics | Values |
|---|---|
| Number of states an attorney can practice law | All 50 states (plus Washington, DC and the Virgin Islands) |
| Requirement to practice law in a state | Passing the state's bar exam |
| Bar exam frequency | Twice a year |
| Alternative to taking the bar exam | Reciprocity, where states accept a lawyer's existing credentials and experience as proof of their capability |
| Alternative to taking the bar exam | Passing the Uniform Bar Exam (UBE), which is accepted in some states |
| Number of states that accept the UBE | Varies, as each state has its own requirements |
| Time limit for transferring UBE scores | Varies by state |
| Exception to taking the bar exam | Practicing law for at least five years in any state to practice in the District of Columbia (D.C.) |
| Exception for out-of-state lawyers | Pro hac vice, where an out-of-state lawyer can practice with an in-state attorney acting as local counsel |
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What You'll Learn
The pros and cons of being a multi-state lawyer
While it is possible to practice law in multiple states, it is a relatively rare practice. Being a multi-state lawyer has its own set of advantages and disadvantages.
Pros
One of the biggest benefits of being a multi-state lawyer is the potential for business growth and personal flexibility. A lawyer licensed in multiple states can increase their client reach and professional flexibility. They can take on cases from neighboring states, especially if their niche practice is in a state with a low population density, thus boosting their business. It also provides geographic flexibility, especially with the rise of remote work.
Additionally, it can be advantageous for family circumstances or strategically expanding one's practice. For instance, if your spouse gets a job in a different state, having a license to practice law there can make the transition smoother.
Furthermore, multi-state licensure can save lawyers from the hassle of taking multiple bar exams. Many states offer reciprocity, allowing lawyers to use their existing credentials as proof of their capability. This means they can rely on their current license and practical experience to practice in another state.
Cons
One of the main drawbacks of being a multi-state lawyer is the cost. Maintaining a law license can be expensive, with license fees ranging from $200 to $500 per state. There may also be additional costs for Continuing Legal Education (CLE) hours required to maintain the license. These costs and time commitments can quickly add up when multiplied by the number of states in which one is licensed.
Another challenge is the complexity introduced by differing state laws and regulations. Lawyers must ensure they are compliant with the specific laws and ethical guidelines of each state they practice in. This includes understanding data protection laws, maintaining transparency in advertising, and billing clients according to varying regulations.
Additionally, marketing challenges may arise, including the need for multiple websites to differentiate which regions are covered and to optimize SEO strategy.
Overall, while being a multi-state lawyer offers opportunities for growth and flexibility, it also comes with increased costs, administrative burdens, and the need for careful navigation of varying state laws and regulations.
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The Uniform Bar Exam (UBE)
The UBE is uniformly administered and scored across 26 states and the District of Columbia, with each jurisdiction setting its own passing score. The score is portable, allowing candidates to apply in multiple jurisdictions that have adopted the UBE. This portability is advantageous, providing candidates with the flexibility to seek admission in other UBE jurisdictions and pursue legal careers in various states.
However, it's important to note that the UBE does not cover all states. As of 2025, 41 out of 56 jurisdictions have adopted the UBE, with some states like Nevada expressing their decision not to adopt it. Additionally, some jurisdictions that use the UBE may require applicants to fulfil additional educational components or exams specific to their state laws.
The UBE is typically offered twice a year, and candidates must carefully review the requirements and prepare thoroughly for this challenging exam. It is a valuable step towards obtaining a law licence and expanding one's legal practice across multiple states.
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State-specific rulings on multi-state lawyers
The traditional route to becoming a lawyer licensed to practice in multiple states involves taking the bar exam in each state. However, this is a challenging and time-consuming process, with the bar exam only offered twice a year in most jurisdictions. An alternative option is to take advantage of reciprocity agreements between states, which allow lawyers admitted in one state to gain admission to another without taking another exam. While most states offer some form of reciprocity, the specific requirements vary, and not all states offer reciprocity with all other states. For example, California once offered zero reciprocity, but there are rumours that it may soon move to the Uniform Bar Exam (UBE).
The UBE is a two-day exam that provides a score that is portable between jurisdictions that accept it for bar admission. Currently, a passing UBE score can be used to seek a license in up to thirty-nine states. However, even among states that have adopted the UBE, there is variation in the rules outside of the test, including the minimum passing score, the length of time the score is valid, and whether additional exams are required.
Another exception that enables lawyers from one state to practice in another is pro hac vice admission, where an out-of-state lawyer can practice with an in-state attorney acting as local counsel. Pro hac vice privileges are typically granted for a specific duration and require collaboration with a local lawyer.
While remote work has become more common for lawyers due to the COVID-19 pandemic, there is still confusion about whether lawyers can work remotely from states where they are not licensed. Some states have explicitly allowed telecommuting from other states, while others have not. The American Bar Association (ABA) has stated that attorneys may practice law remotely as long as they are practicing the law of a jurisdiction where they are licensed.
Overall, the process for becoming a multi-state lawyer varies greatly from state to state, and it is important to research the specific requirements for each jurisdiction.
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Bar reciprocity and state requirements
The general rule is that an attorney can only practice law in a state court when they have been admitted to the bar of that state. However, bar reciprocity allows attorneys to practice law in a state other than the one in which they are licensed. This can be useful for attorneys who want to work in a different state or have recently moved to a new state and wish to continue practicing law.
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 U.S. citizen or permanent resident, being admitted to practice law in another state, and being in good standing in all states where the attorney is admitted to practice. Some states have reciprocity agreements with other states, which allow attorneys who are licensed in those states to be admitted to the bar without taking an exam or completing additional CLE requirements. Reciprocity agreements vary between states and may require attorneys to meet certain criteria, such as practicing law for a certain number of years, completing continuing legal education courses, or passing a background check.
Even if there is no formal reciprocity between two states, some states allow out-of-state attorneys to transfer to the state's bar without taking the state's bar exam. These states typically have a process called "waiver on motion," "waiver," or "comity," which 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 admission through waiver on motion, an attorney must typically meet certain requirements, such as being a U.S. citizen or permanent resident and being admitted to practice law in another state.
In addition to bar reciprocity, 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 a state where they are not licensed. Another option is pro hac vice, which allows attorneys who are not licensed in a particular state to practice law in that state on a limited basis. Attorneys typically must submit an application for pro hac vice to the state bar before they can represent a client in a particular case or controversy in the state. Pro hac vice privileges are usually granted for a specific duration of time and require collaboration with a local lawyer serving as local counsel.
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Exceptions to the rule
While the general rule is that an attorney can only practice law in a state where they have passed that state's bar exam, there are exceptions to this rule.
Firstly, some states have reciprocity agreements, whereby they will accept a lawyer's existing credentials and practical experience as proof of their capability, rather than requiring them to take another bar exam. However, not all states offer reciprocity with all other states, and there may be additional requirements, such as having practiced law for at least five years.
Secondly, even in the absence of reciprocity agreements, some states will accept an attorney's passing score on the Uniform Bar Exam (UBE) as meeting their bar admission requirements. This can be a more portable option for attorneys wishing to practice in multiple states. However, states that have adopted the UBE still have their own requirements for how those scores can be used, and these policies can change frequently.
Thirdly, in the case of federal court matters, such as bankruptcy and immigration law, a lawyer may not need to be admitted to the state bar of the state where the district court is located. However, this is a contentious issue, and lawyers practicing federal law in a state where they are not admitted to the state bar do so at their own risk.
Finally, 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. Attorneys must submit an application to the state bar and typically must collaborate with a local lawyer serving as local counsel. Pro hac vice privileges are granted for a specific duration and do not allow the attorney to practice law indefinitely in the state.
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Frequently asked questions
There is no set number, as it depends on the attorney's ability to meet the requirements of each state. Generally, an attorney can only practice law in a state where they have passed that state's bar exam.
The most straightforward way to practice law in multiple states is to take and pass the bar exam in each of those states. However, this can be a challenging and time-consuming process. An alternative is to take advantage of state bar reciprocity, where some states may accept your existing credentials and legal experience as proof of your capability.
Pro hac vice is a practice that allows attorneys who are not licensed in a particular state to practice law in that state on a limited basis. Attorneys must submit an application for pro hac vice to the state bar and typically must collaborate with an in-state attorney acting as local counsel.
