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Reciprocity: Guide to states where you can practice law

Reciprocity

Legal recruiters explore every best option when searching for a new firm for our attorneys. Looking out-of-state gives your search an edge, and opens up additional financial, lifestyle and several intangibles that are a good fit for you. There are several states where you may be able to practice law without having to retake the bar exam.

The bar admission process is complicated and varies from state to state. For those taking the bar, the Uniform Bar Exam gives lawyers the “portability” to practice in several states. The benefits of being licensed in several states gives you more options for your individual needs.

Uniform Bar Exam
Many states are unifying the process of bar admission through the use of the Uniform Bar Exam (UBE). Alabama, Alaska, Arizona, Colorado, Connecticut, District of Columbia, Idaho, Iowa, Kansas, Maine, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Oregon, South Carolina, Utah, Vermont, Washington, West Virginia, and Wyoming have adopted the UBE.

The UBE is a set of three testing devices prepared by the National Conference of Bar Examiners. The UBE concentrates on general legal concepts as opposed to intricacies of any particular state’s laws in an effort to provide a uniform way to measure performance across the country.

The UBE is comprised of the Multi-state Bar Exam (MBE), which is a set of 200 multiple-choice questions on Constitutional Law, Contracts, Criminal Law and Procedure, Federal Civil Procedure, Evidence, Real Property, and Torts; the Multi-state Essay Examination; and the Multi-state Performance Test. States can utilize some or all portions of the UBE and set their own scoring criteria.

Every state except Louisiana currently administers the MBE portion of the UBE. Some states, like California, administer the MBE together with state specific essay and performance test features.

In theory, the UBE fosters portability of law licenses, especially with respect to states like Minnesota and Idaho that accept passing UBE scores from any state within a certain window of time (between two to five years).

But this practice is limited to a select group of states, and even in those states you will need to sit for the bar exam or find another way to get admitted if you apply outside the window of time wherein your UBE score still counts. Moreover, other states that administer or plan to administer the UBE (like New York) require applicants to take a separate course and test on state subjects for admittance.

Reciprocity By State —

Never assume that because a state has reciprocity means you should not contact that state to ensure you are qualified to practice law in that state. The information provided here is to be used directionally.

Please Note: The listing detailed below is up to date, however states may have changed their policies since this chart was last updated. Check with the reciprocity state bar to make sure you are licensed to practice law in any state.

Multiple State Admissions
In order to maximize employability and have the ability to take clients in different states, many attorneys opt to take multiple bar exams right away after law school. This is particularly useful for attorneys who live in metropolitan areas that sprawl into different states (such as New York, New Jersey and Connecticut).

Federal Courts Bar Admissions
Still more varied are rules that govern whether someone can practice federal law in one of the 94 federal district courts spread across the country and U.S. territories. Admission requirements differ from district court to district court, but admission generally involves at the very least paying a fee and taking an oath. Many district courts require an attorney to be admitted to practice before the state courts of the state in which the federal court sits.

NEW YORK: Has reciprocity with the following states: AK, CO, DC, GA, IL, IN, IA, KY, MA, MI, MN, MO, NE, NH, NC, ND, OH, OK, PA, TN, TX, UT, VA, WA, WV, WI, WY.

Reciprocity by State
By no means uniform, the following details what the states positions are regarding practicing law in their jurisdiction:

ALABAMA: The state does not offer reciprocity.

ALASKA: The state has reciprocity agreements with the following other states: CO, CT, DC, GA, IL, IN, IA, KY, MA, MI, MN, MO, NE, NH, NY, ND, OH, OK, PA, TN, TX, UT, VT, VA, WA, WV, and WY.

ARIZONA: The state does not offer reciprocity.

ARKANSAS: In October 2004, the motion-based admission process was implemented. Applicants admitted by motion must be admitted to the bar in at least one other state, possess a law degree, and practice law in the state where they are admitted as an attorney for at least 5 years.

CALIFORNIA: The state does not offer reciprocity, but offers a shorter bar examination for attorneys licensed in other states with good standing for at least four years prior to application.

COLORADO: Agreements are only available to residents of states or territories which have reciprocity agreements. These states and territories include: AL, AK, AZ, AR, CT, DC, GA, ID, IL, IN, IA, KS, KY, ME, MA, MI, MN, MS, MO, MT, NE, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, SD, TN, TX, UT, VT, VA, USVI, WA, WV, WI, and WY.

CONNECTICUT: Attorneys from other states who reciprocate for Connecticut lawyers, will be provisionally admitted to Connecticut. Those states and territories include the following: AL, AK, AR, CO, DC, GA, IL, IN, IA, KS, ME, MA, MI, MN, MS, MO, NE, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, SD, TN, TX, UT, VT, USVI, VA, WA, WV, WI, and WY.

DELAWARE: The state does not offer reciprocity.

DISTRICT OF COLUMBIA: Lawyers who have been admitted for five years in another jurisdiction immediately preceding application for admission in DC can be admitted without examination; other lawyers can be admitted without examination if they graduated from an ABA accredited law school and obtained certain minimum scores on the Multistate Bar Examination and the Multistate Professional Responsibility Examination.

FLORIDA: The state does not offer reciprocity.

GEORGIA: The state of Georgia offers a shorter bar exam for lawyers who have already been admitted by examination and have been in good standing in another state for at least a year before taking the Georgia bar exam. Attorneys with a minimum of five years’ experience in reciprocal states are eligible to apply without examination.

HAWAII: The state does not offer reciprocity.

IDAHO: Offers reciprocity only to certain lawyers licensed in Oregon, Utah, Washington, and Wyoming. However, lawyers who have actively practiced law for at least five of the last seven years immediately preceding their applications for admission do not have to take and pass the Multistate Bar Examination, but must take and pass the remainder of the Idaho bar examination.

ILLINOIS: Has reciprocity agreements with the following states: AK, CO, CT, DC, GA, GU, IN, IA, KY, MA, MI, MN, MO, NE, NH, NMI, NY, NC, ND, OH, OK, PA, TN, TX, USVI, UT, VT, VA, WA, WV, WI, and WY.

INDIANA: There is no formal reciprocity in this state. If an applicant has practiced law in another state for five or more of the past seven years before applying for admission to the Indiana bar examination, it will provisionally admit them.

IOWA: The Iowa bar examination is not required if you have practiced law for five out of the last seven years before applying for admission to practice law in Iowa.

KANSAS: Does not have reciprocity.

KENTUCKY: Kentucky has reciprocity agreements with the following states: AK, CO, CT, DC, GA, IL, IA, MA, MI, MN, MO, NE, NH, NY, NC, ND, OH, OK, PA, TN, TX, UT, WA, WV, WI, and WY.

LOUISIANA: Has no express reciprocity agreements, but provisionally admits certain lawyers from other jurisdictions under special criteria.

MAINE: Reciprocity agreements allow Vermont, Maine, and New Hampshire attorneys to take each other’s bar exams without taking the exam for their home state. A shorter exam is available for lawyers with at least three years of experience in another state before application. 

MARYLAND: Has no formal reciprocity agreements, but offers shorter bar examination for lawyers in good standing in another state for at least five years of the ten years prior to application for admission in Maryland.

MASSACHUSETTS: To gain license in this state, an applicant must have been admitted to practice in another state, district or territory for at least five years prior to application for admission and be in good standing in each such state, district and territory.

An applicant must be a graduate of a law school which at the time of graduation was approved by the American Bar Association or was authorized by a state statute to grant the degree of bachelor of laws or Juris Doctor.

MICHIGAN: Lawyers who have actively practiced law for three of the five years preceding their applications for admission can be admitted to practice in Michigan without taking and passing the Michigan bar examination.

MINNESOTA: You can be admitted to practice in Minnesota without taking and passing the Minnesota bar exam if you have practiced law for five of the last seven years. Other lawyers can apply for admission based on a minimum passing score on the MBE if they pass the test in another jurisdiction within two years of applying.

MISSISSIPPI: Mississippi has a very limited reciprocity admission rule with states who will offer similar reciprocity to Mississippi lawyers. Lawyers from other states who have practiced at least five years may be admitted after taking and passing an attorney’s examination.

MISSOURI: Will admit lawyers from states that have similar reciprocity for Missouri lawyers.

MONTANA: The state does not offer reciprocity.

NEBRASKA: Lawyers who have graduated from an ABA accredited law school and who have passed a bar examination comparable to Nebraska’s, including the Multistate Professional Responsibility Examination, or who have graduated from an ABA accredited law school and who have actively and substantially practiced law for five of the last seven years prior to application for admission can be admitted to the practice of law in Nebraska without having to take and pass a written bar examination.

NEVADA: Does not have formal reciprocity agreements with any states.

NEW HAMPSHIRE: As of 2005, the states of Maine, New Hampshire, and Vermont entered into a reciprocity agreement allowing attorneys to be admitted to one another’s bars without taking the bar examination for that state. This state also has reciprocity with the following states: AK, CO, DC, GA, KY, MA, MN, MO, NB, NY, NC, ND, OK, PA, TX, UT, and WA.

NEW JERSEY: The state does not offer reciprocity.

NEW MEXICO: The state does not offer reciprocity.

NEW YORK: New York has reciprocity with the following states: AK, CO, DC, GA, IL, IN, IA, KY, MA, MI, MN, MO, NE, NH, NC, ND, OH, OK, PA, TN, TX, UT, VA, WA, WV, WI, and WY.

NORTH CAROLINA: Has reciprocity agreements with the following states: AK, CO, CT, DC, GA, IL, IN, IA, KY, MA, MI, MN, MO, NE, NH, NY, ND, OH, OK, PA, TN, TX, UT, VT, WA, WV, WI, and WY.

NORTH DAKOTA: Does not have formal reciprocity.

OHIO: This state does not have formal reciprocity agreements with other states. However, it provisionally admits (without examination) applicants who have taken and passed a bar examination and been admitted as a lawyer in the highest court of another state or in the District of Columbia, and who have practiced law, as defined in the rule, subsequent to that admission for at least five full years of the ten years prior to filing an application. Applicants also must demonstrate that they intend to engage in the practice of law in Ohio actively on a continuing basis.

OKLAHOMA: This state has formal reciprocity agreements with the following states: AK, CO, CT, DC, GA, IL, IN, IA, KY, MA, MI, MN, MO, NE, NH, NY, NC, ND, OH, PA, TN, TX, UT, VT, VA, WA, WV, WI, and WY.

OREGON: This state has formal reciprocity agreements with the following states: AL, AK, AZ, AR, CO, CT, DC, GA, ID, IL, IN, IO, KS, KY, MA, MI, MN, MS, MO, NB, NH, NY, NC, ND, OH, OK, PA, SD, TN, TX, UT, VT, VA, WA, WV, WI, and WY.

PENNSYLVANIA: This state has reciprocity with the following states: AK, CO, CT, DC, GA, IL, IN, IA, KY, MA, MI, MN, MO, NE, NH, NY, NC, ND, OH, OK, TN, TX, UT, VT, VA, WA, WV, WI, and WY.

RHODE ISLAND: This state will provisionally admit persons admitted to the practice of law in another state, district or territory of the United States who have actively engaged in the practice law (including teaching law) there for at least five years of the last ten years immediately preceding application for admission to Rhode Island, and after taking and passing the essay portion of the Rhode Island bar examination.

SOUTH CAROLINA: Does not have formal reciprocity agreements with any states.

SOUTH DAKOTA: This state has a reciprocity agreement that went into effect in 2004. Applicants must show five years prior practice in prescribed areas.

TENNESSEE: This state will provisionally admit applicants who meet the educational requirements applicable to Tennessee bar examination applicants and have actively engaged in the practice of law in another jurisdiction for at least five years immediately preceding their applications for admission in Tennessee.

TEXAS: This state has limited admission for certain lawyers to be admitted without examination and after passage of the full student examination.

UTAH: Has reciprocity agreements with the following states: AK, CO, CT, DC, GA, ID, IL, IN, IA, KY, MA, MI, MN, MO, NE, NH, NY, NC, ND, OH, OK, PA, TN, TX, VT, VA, WA, and WY.

VERMONT: The reciprocity agreements were unveiled in 2005, allowing Vermont, Maine, and New Hampshire attorneys to take each other’s bar exams without taking the exam for their home state. A person who has practiced in another jurisdiction must have held an active license in at least one US jurisdiction for five years of the past 10 years, without having been suspended in that jurisdiction. They can be admitted without examination if they meet those requirements.

VIRGINIA: Virginia will provisionally admit lawyers from other states who reciprocate for Virginia lawyers.

WASHINGTON: This state has formal reciprocity agreements with the following states: AK, CO, CT, DC, GA, ID, IL, IN, IA, KY, MA, MI, MN, MO, NE, NH, NY, NC, ND, OH, OK, OR, PA, TN, TX, UT, VT, VA, WV, WI, and WY.

WEST VIRGINIA: This state has reciprocity agreements with the following states: CO, CT, DC, IL, IN, IA, KY, MA, MI, MN, MO, NE, NY, NC, ND, OK, PA, TX, VT, VA, WA, and WI.

WISCONSIN: A Wisconsin lawyer who reciprocates for another state’s lawyer will be eligible to withdraw provisionally.

WYOMING: Wisconsin will offer provisional admission to practicing lawyers from states that reciprocate for Wyoming lawyers.

The National Conference of Bar Examiners provides a comprehensive guide to bar admissions which is updated annually. It is advisable to research each state’s rules for reciprocity as this guide is directional. The rules of reciprocity for each state may change over time.

The following provides each states reciprocity guidelines – 

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Please note that the content of this blog does not constitute legal advice and is only intended for the educational purpose of the reader. Please consult your legal counsel for specifics regarding your specific circumstances and the laws in your states pertaining to social media and any legal restrictions regarding the law.

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Ms. Davidson, a highly skilled human resources executive with over 20 years’ experience that specializes in finding top talent in the legal community. Shari has placed lateral partner attorneys, as well as group acquisitions & law firm mergers and has assisted several prominent clients in recruiting lateral associates, paralegals and internal professional administrative positions.