WHAT I WISH I HAD KNOWN
Making the Jurisdictional Jump
This month, we explore the options available for attorneys looking to move their law practice through bar exam transfer or reciprocity.
By Corinne C. Miller, Esq., Childs McCune, LLC
This second installment of “What I wish I had known” provides an overview of bar reciprocity, highlights key considerations for practicing in different states, and outlines alternative pathways for maintaining your legal career across state lines.
Whether you attended law school locally or moved to a different state for your education, you were probably correct to assume that was one of the most impactful decisions you would make in your life. Unlike college, you didn’t have to declare a major, and your first-year courses were mostly predetermined. You didn’t need to know your preferred law specialty, and wouldn’t learn for many years that some people practice for awhile before they make that decision anyway. However, a more challenging question awaited: Where do you want to move after law school? Where will you take the bar exam? Where do you want to practice? And, now, what if you decide to relocate later? What if you or your company wants you to become licensed in another state?
Considering reciprocity requirements is an essential factor in choosing where to start and continue your law practice. Bar reciprocity refers to the ability of an attorney licensed in one state to be admitted to practice in another state or jurisdiction without re-taking the bar exam. This process varies significantly across states, with some offering more straightforward paths than others. For example:
- Uniform Bar Examination (UBE): Many states, including Colorado, have adopted the UBE, which allows attorneys to transfer their scores between participating states. However, each state sets its own passing score and additional requirements for admission, and states may not allow the UBE score to be valid for transfer indefinitely.
- Reciprocity Agreements: Some states have specific reciprocity agreements that allow attorneys from certain jurisdictions to be admitted without examination, often requiring a minimum number of years of practice.
A few holdout states, like California and Florida, have not elected to adopt the UBE for their examinations or score transfers. While an attorney with more than four years of experience from another jurisdiction may be eligible to sit for a shorter exam in California (the “attorney exam”), the process differs from that in other states. Whether or not you will need to sit for another full bar exam, including the additional Multistate Professional Responsibility Examination (MPRE) in some jurisdictions, is one of many critical considerations for considering practicing in another state. Also consider:
- Bar license status: Some states allow attorneys to maintain an active law license even if they are not practicing in that state. This can be beneficial if you plan to return or might practice in that jurisdiction occasionally.
- Continuing legal education (CLE): Ensure you understand the CLE requirements of the new state, as many states offer dual credit for attorneys maintaining licenses in multiple jurisdictions. However, some states may also have an in-person seminar and/or ethics credit requirements, and you can almost be sure that you will have different CLE reporting requirements for each jurisdiction. It is your responsibility to track and appropriately report in every jurisdiction you are practicing and ensure you comply in each jurisdiction with the required number/composition of credit hours, annual reporting periods if applicable, etc.
- Bar association membership: While Colorado does not have mandatory bar association membership, some states’ licensing boards are more interconnected with their bar associations. The Supreme Court Office of Attorney Regulation Counsel (OARC) and the Colorado Bar Association are separate, independent entities in Colorado.
- Financial: There is a cost associated with transferring your license to another state. Aside from general transfer fees, consider tangential costs when applying for another state’s bar license, such as getting certified copies of documents from other states you practice, character and fitness requirements such as fingerprinting, additional CLE expenses, and bar examination fees if applicable. While transferring your license is almost certainly less expensive than paying bar examination (and preparation) fees outright, it is not usually an insignificant cost.
- Character and fitness: Each state licensing authority’s character and fitness standards vary. If you have been subject to professional discipline or have a criminal history, you may be subject to additional requirements depending on the state’s unique requirements.
- Exceptions: There are ways to practice in some states without requiring bar admission. In Colorado, for example, if you are licensed in another jurisdiction and want to practice in Colorado for a company or single client, you may be eligible to apply as “single client counsel,” if certain conditions are met.
- Pro hac vice: If you’re not planning to relocate or only need to appear for a specific case in another jurisdiction, pro hac vice admission generally allows attorneys to appear in a single matter they are not licensed in for this limited purpose. Usually, you will need to apply via motion and be sponsored by an attorney who is licensed there, but it is a common alternative.
Most jurisdictions have recognized the need for mobility and desire for flexibility in legal practice and have embraced reciprocity. Seemingly simple conveniences such as allowing at-home CLE study, video appearances, online license registration and compliance, electronic payment, comprehensive legal research tools, and other technologies have greatly expanded the ability for lawyers to practice across states. However, laws and regulations regarding bar reciprocity and admission are always evolving. It’s crucial to stay informed about the requirements in any state where you are licensed or wish to become licensed. Regularly check with state bar associations and licensing authorities to ensure compliance with current rules and procedures. If you’re interested in practicing in another state, consider and weigh these factors to find the best route for your next bar admission.
This monthly article series will illuminate the unspoken challenges and oft-overlooked aspects of navigating a successful legal career. Each installment will identify practice tips and answer questions you might not otherwise know to ask. If you have topics of interest or wish to contribute to this series, please get in touch with Corinne at comiller@childsmccune.com.
