By Jim Knott, Founder
An attorney admitted in one state cannot simply start practicing in another. The rules differ a great deal by state, and they change, so the right first step is always to check with the state bar you want to join. This article explains the main routes so you know which questions to ask.
The main routes
- Admission on motion. Many states admit experienced attorneys from other states without a new bar exam. The usual requirements include a minimum period of active practice, a degree from an ABA-accredited law school, and a character and fitness review. The required length of practice and the way it is counted vary by state.
- Reciprocity. Some states admit attorneys only from states that give the same treatment to their own attorneys. Others have dropped that condition. Check the specific pair of states.
- Transferring a Uniform Bar Examination (UBE) score. States that use the UBE accept a score earned in another UBE state, subject to a minimum score and a time window set by the receiving state.
- Taking the bar exam. If none of the above applies, the attorney sits the other state's exam. Some states also require a professional responsibility exam or a course on that state's law.
Other points to check
- Whether the state requires a minimum number of years in practice, and whether time spent in-house or in government counts.
- How long the application takes. Character and fitness review can take months in some states.
- Whether you can work for the new firm in a limited capacity while an application is pending, and what you may and may not do.
- Whether you only need to appear in a single matter. In that case, admission pro hac vice for that matter may be the right tool.
- Any fees, and any costs the firm will cover.
Tell the firm early
A firm will want to know before an interview which states you are admitted in, and how you plan to be admitted in its state. If you are already admitted in one of its neighboring states, or you have a UBE score that may transfer, say so. A clear plan makes a firm more comfortable.
Firms differ on what they will do while an application is pending. Some will hire an attorney and give work that does not require admission. Others will wait. Ask the question directly.
Where to look
The state bar admissions office is the authority for its own rules. The National Conference of Bar Examiners and the American Bar Association publish a Comprehensive Guide to Bar Admission Requirements, which is a good starting point for comparing states. Rules change, so confirm the current requirements with the bar itself before you act.
Bound does not give legal advice on admission. When you register, Bound asks which states you are admitted in and where you want to work, and says early what to check. You can register confidentially, and nothing goes to a firm without your approval for that specific firm.