The ability to practice law is not granted on a national scale; a single license does not authorize an attorney to work in all fifty states. The practice of law in the United States is regulated by individual states, typically by each state’s highest court. This structure means a lawyer’s license is a state-specific grant of authority, limiting the attorney to the jurisdiction where they were admitted. Any lawyer seeking to advise clients or appear in court outside of their licensed state must comply with that new jurisdiction’s distinct rules for admission, even for temporary matters. This state-centric regulation protects the public from unqualified practitioners and ensures legal professionals adhere to local rules of ethics and procedure.
The Foundational Rule of State-Specific Licensing
The initial licensing process establishes the state-specific nature of the legal profession, with each jurisdiction setting its own standards for competence and character. State supreme courts delegate the administration of these requirements to a Board of Bar Examiners, which controls the admission process. Applicants must demonstrate both legal knowledge and moral fitness to practice within that specific state’s legal system.
The bar examination measures legal competence, though its format varies. Many states use the Uniform Bar Examination (UBE), which includes standardized testing components like the Multistate Bar Examination (MBE) and the Multistate Essay Examination (MEE). Other jurisdictions maintain a state-specific exam that tests knowledge of local laws, such as property or civil procedure rules unique to that state.
All applicants must also undergo a comprehensive character and fitness investigation. This review of their background, financial history, and past conduct ensures the attorney has the moral qualifications to handle client matters with integrity. This investigation is a prerequisite to being formally “admitted to the bar” and reinforces the state’s authority over who may practice within its borders.
Gaining Permanent Licensure in a New State
Attorneys who wish to establish a full, permanent practice in a new state generally pursue one of two primary pathways that bypass the need to retake the full bar examination. The most traditional method is Admission on Motion, often called reciprocity, which allows an attorney licensed in one state to apply for admission in another. This process depends on the rules of the receiving jurisdiction, often requiring the applicant to have actively practiced law for a minimum number of years, typically between three and five.
Requirements for Admission on Motion include proof that the attorney is currently a member in good standing in all jurisdictions where they are admitted. Furthermore, the attorney’s original licensing state must offer a similar reciprocal path to attorneys from the new state.
The other significant path is through the portability of a Uniform Bar Examination (UBE) score. This allows an attorney to transfer their score from the state where they originally sat for the exam to any other UBE jurisdiction. This option is only available if the score meets the receiving state’s minimum passing threshold and is submitted within a specified time limit, often 36 months from the exam date. Both Admission on Motion and UBE score transfer lead to plenary admission, granting the attorney the same rights and privileges as those who passed the local bar exam.
Temporary Practice Across State Lines (Multijurisdictional Practice)
Attorneys are permitted to perform legal services in a state where they are not licensed, provided the practice is temporary and falls within certain defined exceptions. These exceptions, known as Multijurisdictional Practice (MJP) rules, are designed to facilitate client service in a national economy. The underlying principle is that a lawyer in good standing should be able to assist a client in another state when the matter is related to their home practice and does not create an unreasonable risk to the public.
Pro Hac Vice
The most common exception for litigation is pro hac vice, which grants an out-of-state attorney special permission to appear before a court for a specific case. The attorney must file a formal motion with the trial court, certifying their good standing in their home jurisdiction and agreeing to abide by all local rules. Many courts require the pro hac vice attorney to associate with a lawyer permanently admitted to the local bar, known as local counsel. Local counsel acts as a sponsor and takes responsibility for the case.
Practice Associated with Litigation
An attorney may also engage in temporary practice when the services are reasonably related to a pending or potential proceeding in a jurisdiction where the lawyer is admitted or expects to be admitted pro hac vice. This exception covers necessary pre-trial work carried out in the foreign state, such as witness interviews, document review, and investigation. This allows the attorney to adequately prepare for litigation in their home state by gathering facts or conducting discovery elsewhere.
Practice Associated with Alternative Dispute Resolution
Legal services provided in connection with a pending or potential arbitration, mediation, or other alternative dispute resolution (ADR) proceeding are typically permitted on a temporary basis. The work must arise out of or be reasonably related to the lawyer’s practice in their licensed jurisdiction. This rule acknowledges that ADR forums often involve parties and lawyers from multiple states, meaning a full local license is not required.
Practice Arising Out of the Lawyer’s Home State Practice
A lawyer may provide temporary legal services that are not related to litigation or ADR but arise out of or are reasonably related to their practice in their licensed state. This exception primarily covers transactional work, such as negotiating contracts or advising on business formation, where the matter involves the law of the lawyer’s home state or federal law. The service must remain temporary and occasional, and it cannot involve establishing a systematic and continuous presence in the foreign state.
Special Practice Circumstances
In-House Counsel
Many states have established specific registration programs for in-house counsel, recognizing that attorneys employed full-time by a single corporate entity often work across state lines. An out-of-state licensed attorney can serve as in-house counsel without taking the state bar exam, provided they register with the state bar. They must limit their practice to advising their employer and its affiliates. This registration typically requires the lawyer to remain in good standing in their home state. It may also prohibit them from making court appearances or providing legal advice to the public. This process allows the attorney to establish a systematic and continuous presence in the state, which is otherwise prohibited.
Practice in Federal Courts and Agencies
Admission to practice in federal courts is separate from state bar admission and must be obtained for each court. While state bar licensure is a prerequisite, attorneys must file a separate application, pay a fee, and take an oath of admission before the specific federal court. Practice before federal administrative agencies is governed by federal law. Federal agencies are allowed to set their own rules for who may practice before them. This sometimes permits non-attorneys or out-of-state attorneys to practice without local state admission, provided the work is strictly limited to the federal matter.
Consequences of Unauthorized Practice of Law
Practicing law without proper authorization in a jurisdiction carries serious penalties for the attorney, the client, and the legal system. Engaging in the unauthorized practice of law (UPL) can lead to professional discipline in every state where the attorney is licensed, including potential suspension or permanent disbarment. Many states treat UPL as a criminal offense, which can be prosecuted as a misdemeanor or, in cases of repeat or egregious conduct, as a felony. Penalties may include fines and incarceration. Furthermore, a lawyer who performs services without proper authorization may be required to forfeit all fees collected for that work. The underlying legal actions taken on the client’s behalf may also be deemed void or subject to challenge.