Gavin Howe
Lawyers with a California license may be able to practice law in other states, depending on the type of law they practice and the state they are moving to. California does not have reciprocity with any other state, meaning that lawyers licensed in California cannot automatically practice law in another state without meeting that state's bar admission requirements. However, California-licensed lawyers can practice federal law, such as immigration and bankruptcy, in all other states. Additionally, some states may allow California lawyers to transfer their bar exam scores to meet bar admission requirements, and some states have reciprocity agreements or waiver on motion provisions that allow licensed lawyers to be admitted to the bar without taking the bar exam. Remote work for attorneys has become more common, and some states have explicitly allowed telecommuting from other states, but it is important to check with the state bar to avoid violating rules prohibiting the unauthorized practice of law.
| Characteristics | Values |
|---|---|
| Can a California-licensed lawyer practice in other states? | No, California does not have reciprocity with any other state. |
| What about federal law? | Yes, California-licensed lawyers can practice immigration and bankruptcy law in all other states. |
| What about Washington DC? | DC allows California-licensed attorneys who have been practicing for at least 5 years and have a minimum MBE score to waive in. |
| What about Oregon? | No, there is no reciprocity between California and Oregon. |
| Can California-licensed lawyers work remotely in other states? | Yes, as long as they are practicing the law of a jurisdiction where they are licensed. |
| Do all states allow this? | No, some states may not allow this. |
| What is the benefit of being licensed in multiple states? | It gives lawyers more freedom, flexibility, and opportunities for growth in their practice. |
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What You'll Learn
California lawyers practising in other states
California-licensed lawyers cannot practise law in other states without meeting the necessary requirements. California does not have reciprocity with any other state, which means that California lawyers cannot waive the bar exam in another state. However, there are some exceptions. For example, California lawyers can practise immigration and bankruptcy law (federal law) in all other states. Additionally, California lawyers can practise law remotely in other states as long as they are practising the law of a jurisdiction where they are licensed.
Some states explicitly allow lawyers to telecommute from other states, while others do not. It is important to check with the state bar to see if there is a ruling on the multi-state lawyer issue. If there is, one should look into how to get licensed in that state. Most states allow attorneys who are not licensed in their jurisdiction to practise law on a limited basis through pro hac vice. This requires attorneys to submit an application to the state bar before they can represent a client in a particular case or controversy in the state.
Being licensed in multiple states can give lawyers more freedom and opportunity for growth in their practice. It can be helpful for lawyers who live near a state border or in a smaller state, as it allows them to work with clients on both sides of the border and expand their client pool. However, being actively licensed in multiple states can also be expensive due to bar dues, differing CLE requirements, and other factors.
One example of an individual who was licensed in California and wanted to practise law in another state is a writer on the Oregon Coast. This individual kept their California bar licence but was not allowed to practise law for Oregon clients within Oregon. They ended up working as a glorified paralegal for several months. Another example is a lawyer who practised bankruptcy law in Michigan while only carrying a Texas bar card.
In summary, California-licensed lawyers cannot practise law in other states without meeting certain requirements or obtaining additional licences. There are benefits and challenges to being licensed in multiple states, and it is important to carefully consider these before deciding to practise law in multiple states.
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Interstate practice
Firstly, it is important to understand the concept of reciprocity. Reciprocity allows lawyers who have been licensed in one state for a certain period to waive into another state without taking the bar exam. California does not have reciprocity with any other state. However, Washington, D.C., allows attorneys licensed for at least five years and who obtained a certain minimum score to waive in, including attorneys licensed in California.
Secondly, the Uniform Bar Exam (UBE) is a two-day exam that provides a score portable between jurisdictions that accept it for bar admission. A passing score on the UBE can be transferred to other states for a few years to meet their bar admission requirements. This approach can expand a lawyer's practice area and allow them to work with clients across state borders.
Thirdly, while most areas of law are state-specific, some federal laws, such as immigration and bankruptcy, can be practised in all states with a California license. However, lawyers must apply for and be granted admission to those federal courts, demonstrating good standing in the state where they are licensed.
Additionally, remote work has become more common for lawyers due to the COVID-19 pandemic. The American Bar Association (ABA) has stated that attorneys may practise law remotely in a jurisdiction where they are licensed. However, practising in a jurisdiction where they are not licensed requires permission, and attorneys must not advertise that they are authorised to practise law in that jurisdiction. Most states allow non-licensed attorneys to practise law on a limited basis through pro hac vice, which typically requires an application to the state bar.
Finally, it is essential to note that practising law in multiple states requires careful planning and consideration of ethical responsibilities. Lawyers must be aware of differing bar dues, CLE requirements, ethical rules, and reporting requirements in each state. While it may provide increased flexibility and growth opportunities, it also comes with challenges and potential expenses.
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Remote work
Some states have strict regulations for licensure processes and do not have reciprocity with other states. These include Alabama, Arizona, Delaware, Florida, Kansas, and Montana. If you want to practise law in these states, you may need to pass additional exams to be accepted by the state bar.
Other states have laws that do not specifically address remote work licensing but allow for practising in contiguous states or the issuance of temporary licenses if certain conditions are met. For example, a California-licensed lawyer practising California law remotely in another state where they are not licensed should consult the multijurisdictional practice and unauthorized practice of law rules and authorities of the state where they are physically present.
The American Bar Association (ABA) has taken a more flexible stance on post-pandemic, interstate remote work. In Formal Opinion 495, the ABA acknowledged that technology has enabled lawyers to practise virtually in jurisdictions where they are licensed.
It is worth noting that some states, like Hawaii, have specific requirements for bar admission, such as being a graduate of an ABA-accredited school or demonstrating the active practice of law.
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Bar reciprocity
Benefits of Bar Reciprocity
Types of Bar Reciprocity
States generally fall into one of the following categories regarding bar reciprocity:
- Admission on Motion Based on Criteria: Attorneys from any state can be admitted as long as they meet the set criteria, such as character and fitness requirements, passing the Multistate Professional Responsibility Exam (MPRE), and years of practice.
- Admission on Motion Based on Reciprocity: Attorneys can be admitted if their transferring jurisdiction also allows for similar admission rules.
- Semi-Pure Reciprocity: Attorneys are admitted based on similar rules to the transferring jurisdiction, but with stricter procedures and potential transfer fees.
- Pure Reciprocity: Attorneys are admitted solely according to the rules of the transferring jurisdiction.
- No Admission on Motion: Attorneys cannot be admitted to the jurisdiction without taking the bar exam.
California's Bar Reciprocity
California does not have reciprocity with any other state. However, attorneys licensed in California can practise immigration and bankruptcy (federal law) in all other states. Additionally, Washington, DC, allows California attorneys who have been licensed for at least five years and obtained a certain minimum score to waive the DC bar exam, provided they meet other requirements such as graduating from an ABA-accredited law school.
Other States' Reciprocity
Other states, such as Arizona, have a lot of reciprocity. For example, Arizona offers reciprocity to attorneys from many other states, including California. However, it is important to note that each state has its own rules and requirements for admission, and attorneys should check the specific requirements of their desired jurisdiction.
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Multi-state lawyers
Being a lawyer with a license to practice in multiple states can be advantageous for several reasons. Firstly, it offers increased flexibility and more opportunities for professional growth. For instance, if you live near a state border, being licensed in multiple states can help you expand your practice area and access a larger pool of potential clients. This is especially beneficial if you work in a niche practice area with fewer lawyers covering it in the surrounding regions.
Additionally, having a multi-state license can be convenient if you need to move to another state. For example, if you pass the bar exam in California but then move to a state that accepts the Uniform Bar Exam (UBE) scores, you can transfer your UBE score to meet the new state's bar admission requirements without retaking the exam. The UBE is a standardized exam accepted in several states, and its score is currently portable between 35 to 39 jurisdictions.
However, it's important to note that each state has its own rules and requirements for bar admission, and California, in particular, does not have reciprocity with any other state. This means that a California-licensed attorney cannot automatically practice law in another state without meeting that state's specific requirements. Some states may allow attorneys to transfer their bar admission through processes like "waiver on motion," "waiver," or "comity," which admit attorneys based on their existing licenses without requiring them to retake the bar exam. Other options for practicing in a different state include in-house counsel registration and military spouse exemptions.
Moreover, the concept of remote work for lawyers has introduced further complexities. While some states have allowed telecommuting from other states, the American Bar Association (ABA) has clarified that attorneys may practice law remotely only if they are practicing the law of a jurisdiction where they are licensed. If working remotely in a jurisdiction where they are not licensed, attorneys must ensure the remote jurisdiction allows it and must not advertise that they are authorized to practice law there.
In conclusion, while it is possible to become a multi-state lawyer, it requires careful planning and consideration of each state's specific rules and requirements. The benefits of increased flexibility and professional growth must be weighed against the challenges of managing multiple licenses, including differing bar dues, CLE requirements, ethical rules, and reporting procedures.
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Frequently asked questions
No. If you have a California law license, you can only practice law in California. However, you can practice federal law, such as immigration and bankruptcy law, in all other states.
Yes, it is possible to become a multi-state lawyer without taking multiple bar exams. The Uniform Bar Exam (UBE) may qualify you to seek a license in up to 39 states. Some states also have reciprocal agreements, which means that after a certain time period of being licensed, you can waive into that state without taking another exam.
Being licensed in multiple states can give you more freedom and opportunity for growth in your practice. It can also help you expand your practice area and attract clients from outside your licensed state.
Yes, but you must ensure that the remote jurisdiction allows this arrangement. You must also not advertise that you are authorized to practice law in that state. 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.
