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Is your career path leading you to another state? Or are you interested in practicing in another state? Lawyers often feel rooted to the state in which they are licensed to practice, but practicing law in another state may be more attainable than you thought. Many states offer long-term and short-term opportunities to practice in their state without having to take their bar exam. Long-term options include admission by motion, reciprocity agreements, and some federal practice opportunities. Short-term options include pro hac vice representation, in-house counsel, and limited practice opportunities.Admission By Motion
There are a number of states in the U.S. that allow admission by motion. This means that attorneys admitted in one state may move by written motion to be admitted to another state’s bar, rather than take their bar exam. Generally, attorneys must pay a fee and must meet the jurisdiction’s specific requirements.
For example, Washington D.C. requires that an attorney from another jurisdiction (1) be in good standing in their state for the five year period just before the application is filed; OR (2)(a) the attorney has been awarded a J.D. or LL.B. degree from an ABA accredited law school, (b) has been admitted to the practice of law in any state or territory upon the completion of a written bar exam, (c) has received a score of 133 or higher on the Multistate Bar Exam (MBE), and (d) has taken and passed, with a scaled score of 75 or higher, the Multistate Professional Responsibility Examination (MPRE). Click here for more details.
Similarly on the west coast, Washington State allows admission to its state bar by motion. To qualify, applicants must submit proof of admission and current good standing in their jurisdiction, and must provide proof of active legal experience for at least three of the past five years immediately preceding the filing of the application.
In addition, states like Minnesota allow admission via a number of motions, including (1) Admission on Years of Practice, (2) Admission on MBE score, (3) Admission by Uniform Bar Examination (UBE) score, etc. Each motion for admission has its own set of requirements. Check out your transfer jurisdiction‘s rules on admission to see if you can move for admission yourself.
Reciprocity Agreements
Many states have reciprocity agreements with each other that allow out-of-state attorneys admission to another state bar without taking an additional bar exam. Generally, to qualify, an attorney must fill out the new state’s application and pay the corresponding fee. Some jurisdictions require an attorney to have a certain number of MCLE credit hours after submitting an application, but before admission. It is the applicant’s responsibility to investigate whether their jurisdiction has a reciprocity agreement with other states, which states are included in that agreement, and what specific qualifications are required.
Note: California and has no such reciprocity agreements.
Federal Jurisdiction
To practice in most federal courts, with the exception of district courts (see below), an attorney typically does not need to take another bar examination. However, all federal courts have their own rules regarding admission; therefore, the attorney must apply for admission in the manner set out by the specific federal court s/he wishes to practice in.
Local District Courts
Many district courts demand that an attorney be admitted to the state bar of the forum state. For example, The District Court for the Northern District of California, requires that an attorney be an active member of the California State Bar and be in good standing. In addition, attorneys are required to certify that they have knowledge of the Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure, Evidence, the Rules of the U.S. Court of Appeals for the Ninth Circuit, and the local rules of the Northern District of California. Further, attorneys must be familiar with the Alternative Dispute Resolution programs of the court. Moreover, the attorney must commit to following the court’s Standards of Professional Conduct. Finally, the attorney must submit a petition for admission online and pay a fee.
Appellate
The appellate courts are governed by the Federal Rules of Appellate Procedure and by their own circuit rules. To apply for admission, an attorney must research the admission requirements and instructions for the circuit s/he wishes to practice in.
For example, the Ninth Circuit requires that an attorney be admitted and be in good standing in the U.S. Supreme Court, another U.S. Appellate Court, any U.S. District Court, or the highest state appellate court in any one of the states. In addition, an attorney must be sponsored by one member, in good standing, of the Ninth Circuit Bar. If an attorney does not have a sponsor, the court Clerk may be able to sponsor him/her. The attorney must also fill out the “Application and Oath for Admission” and pay a fee. Notably, the application and fee can be submitted online, which is the preferred method; although, an applicant can be admitted in open court by following the court’s instructions.
U.S. Supreme Court
Likewise, the U.S. Supreme Court has its own bar, which attorneys must be admitted to in order to appear in the Court. To practice in the U.S. Supreme Court, an attorney must be endorsed by two sponsors who are members of the U.S. Supreme Court Bar, and who are not relatives. In addition, the attorney must obtain a Certificate of Good Standing from the highest court in his/her jurisdiction to show that s/he has been a member of that state’s/territory’s bar for at least three years, and is currently in good standing. See the Instructions for Admission for more details.Moreover, an attorney can decide to move for admission or be admitted in open court. If an attorney moves for admission, s/he files a motion for admission and names an attorney who will appear in court on the applicant’s behalf. If an attorney decides to be admitted in open court, s/he will receive a notice explaining specific procedures to follow. Just as in most jurisdictions, admission fees are imposed.
Pro Hac Vice
Pro hac vice is Latin for “this time only.” It permits out-of-state lawyers to appear in a case in another state by filing a motion with the appropriate court. Generally, the motion only allows the out-of-state attorney to appear in that particular case alone. In many jurisdictions, the out-of-state attorney must associate with a local, in-state attorney. Again, each state has its own requirements, so read the state bar and court rules in the jurisdiction where you wish to practice.
In-House Counsel
Often jurisdictions permit out-of-state lawyers to apply for a limited license to practice law as in-house counsel. Generally, a limited license is granted to out-of-state lawyers who are employed by an in-state business. Notably, some jurisdictions include in-state non-profits under the In-House Counsel Rule (also referred to as the "House Counsel Rule" in some jurisdictions). Again, specific requirements apply in each jurisdiction, so do your research.
Limited Practice
A number of states offer temporary admission under specific circumstances. For instance, Kentucky provides out-of-state attorneys with temporary admission to its state bar, if the out-of-state attorney is an employee of a public defender program, the office of a Commonwealth’s Attorney, County Attorney, or Legal Services Program that provides legal assistance to indigent clients. Under this rule, Admission to the Kentucky Bar expires after 18 months or upon termination of the attorney’s employment.
Similarly, Nevada certifies out-of-state attorneys to practice law, if the out-of-state attorney is employed as a Deputy District Attorney in a county with a population of less than 100,000 people. The out-of-state attorney can only practice in the county that employs him/her, and the certification to practice only lasts up to 2 years. This provides adequate time for the out-of-state attorney to study and take the Nevada Bar Exam. Check out Nevada Supreme Court Rule 49.4 for more information.
In addition, some states, like Idaho, grant provisional admission to their state bar if an out-of-state attorney is married to a person in the military, and that person is stationed in Idaho. The provisional license is valid for one year; although, it can be renewed, if the proper procedures are followed. (See Idaho Bar Commission Rule 229 for more information.)
There are many out-of-state opportunities out there. The key is to research each state’s rules to determine how you can practice in their jurisdiction without taking another bar exam, or to determine how you can postpone taking another bar exam. Be aware that some rules regarding the practice of law are located under the State Supreme Court’s (or equivalent court’s) rules, rather than the state bar rules. Remember, LCS is here to help, so please contact LCS at (415) 442-6625 or lawcareer@ggu.edu for more information on how to apply for admission to an out-of-state bar.
Disclaimer: This blog post is intended to act as a quick reference for alternative practice avenues in the field of law. The information herein is not legal advice. While we believe the foregoing information to be accurate, the reader should independently confirm such information before relying on it, especially since rules and requirements frequently change.
