Admission to the bar in the United States
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- This article deals with admission to the bar in the United States.
- For admission to practice law in other countries see Admission to the bar
In the United States, admission to the bar is permission granted by a particular court system to a lawyer to practice law in that system. Each U.S. state and similar jurisdiction (e.g. Territory) can and does set its own rules for bar admission, as a matter of court sovereignty. In practice, this leads to exceptions to nearly every general rule of bar admission.
[edit] General requirements for admission
Each state has its own rules which are the ultimate authority concerning admission to its bar. Generally, admission to a bar requires that the candidate do the following:
- Earn a Juris Doctor from a law school approved by that state (often, but not always, this means accredited by the American Bar Association); or, where permitted, participate in an approved Law Clerk program ("reading the law").
- Pass a state-administered bar examination. Usually this consists of several parts administered over two or three days, typically including:
- The Multistate Bar Examination (MBE), in all states except Louisiana and Washington, with Puerto Rico as another exception;
- A professional responsibility ("ethics") exam, usually the Multistate Professional Responsibility Examination (MPRE);
- State-specific examinations, such as essays in Washington and Massachusetts.
- Be certified (usually by the state bar association) as having the good moral character and fitness to practice law.
- Apply to that state's authority responsible for licensing lawyers and pay required fees. Upon approval by that authority, the admittee takes an oath to comply with the rules governing the practice of law in that state, and receives a certificate of admission.
[edit] Exceptions to the general rules of admission
[edit] Pro Se Litigants
An individual need not be a member of a state bar to represent him or herself pro se.
[edit] Waiver
Minnesota, North Dakota and the District of Columbia allow attorneys who recently passed the bar exam of another state, and who were subsequently admitted to the bar of that state while scoring a certain minimum score on the Multistate Bar Examination (MBE), to "waive" into admission rather than sitting for that jurisdiction's exam (though they still must attend to other formalities in order to practice in the jursidiction). Attorneys who passed the bars of Louisiana, Washington, and Puerto Rico cannot "waive in" using this method, since these are the three jurisdictions in the United States that do not use the Multistate Bar Examination.
[edit] Diploma privilege
Wisconsin offers the diploma privilege for admission to the state bar. Graduates of ABA-accredited law schools in the state—currently, the Marquette University Law School and the University of Wisconsin Law School—may obtain admission to the bar of Wisconsin through the diploma privilege without taking any examination. To qualify for the diploma privilege, the graduate must have met certain criteria with regard to the courses taken in law school and the graduate's performance in those courses. Law graduates seeking the diploma privilege must still meet the state's character and fitness requirements.
Graduates of out-of-state law schools, even if they are Wisconsin residents, must still take the Wisconsin bar exam to be admitted in Wisconsin. Likewise, graduates of Wisconsin law schools must take the bar exam for other states in which they are going to practice.
In 2005, New Hampshire launched the Daniel Webster Scholar Honors Program, an alternative bar certification program, at the state's only law school, Franklin Pierce Law Center. Students apply to the program during the spring of their 1L (first) year, and only 25 are accepted annually. Webster Scholars go through an intensive, practice-based program under the supervision of New Hampshire judges, attorneys, and bar examiners. Students who graduate from the program are exempt from taking the New Hampshire bar examination, although they must still pass the Multistate Professional Responsibility Examination and also meet character and fitness requirements. The first class of Webster Scholars will graduate in 2008.
A number of U.S. states do not grant reciprocal admission for attorneys who obtained their bar admission through the diploma privilege, requiring those attorneys to take that state's bar exam, regardless of the length of that attorney's practice.
[edit] Reciprocity (Admission by Motion Without Examination, Admission by Comity)
Many states allow for reciprocal admission to the bar of that state if an individual is licensed to practice in another state and has actively practiced law for a number of years. Depending on the state, there may be limitations on reciprocity, such as requiring a minimum score on the Multistate Professional Responsibility Examination (MPRE), or even that the applicant have taken a bar examination in the previous jurisdiction. For example, Rule XIII of the Texas Board of Law Examiners allows attorneys practicing full-time 5 of the last 7 years in another state and who meet minimum scores on the MPRE to be admitted to the Texas bar without having to sit for the Texas Bar Examination.
Most states that allow reciprocal admission define "full-time practice" to include not only attorneys working in law firms or solo practice, but also law teachers in accredited U.S. law schools; military JAG attorneys; federal and state government attorneys; judges, magistrates, administrative law judges, and similar officials; and in-house corporate counsel. Some states, however, have their own quirks:
- Virginia requires that any position used to qualify an applicant for reciprocal admission, except for a judgeship, involve an attorney-client relationship.[1] This means, for example, that an attorney who works for the federal government as a legislative drafter cannot use his or her experience to gain admission in Virginia, while a United States Attorney can do so. Also, a law professor cannot use his or her teaching experience to qualify for admission in Virginia.
- In West Virginia, Rule 4.0 of the Rules for Admission to the Practice of Law, which governs admission without examination, makes no mention of in-house counsel as being engaged in the practice of law. This means that a lawyer who has worked exclusively as in-house counsel is ineligible for reciprocal admission in West Virginia.
[edit] Limited license to practice law
A number of jurisdictions will issue, without examination, a limited license to practice law to attorneys already admitted in another jurisdiction under specified conditions. The most common limited licenses are:
- Legal services attorneys: Attorneys who practice exclusively in legal aid centers that service mainly low-income clients, or in public defender offices serving indigent criminal defendants. Depending on the jurisdiction, attorneys who work in one or both of the named entities may be eligible for such a license.
- In-house counsel: Attorneys who are employed by a corporation or other business entity that is not in the business of practicing law, and who perform legal services solely for their employer.
- Foreign legal consultant: A person with formal legal training from a country other than the United States, who is permitted to engage in activities that would otherwise constitute the practice of law on the basis of that training. Common designation for attorneys who are "seconded" to American law firms to learn American law and to cement cross-firm ties.
- Legal professional : A small number of states license paralegals and others who routinely prepare legal documentation.
[edit] Law schools not accredited by the ABA
Some states, such as Alabama, California, Massachusetts, Wisconsin, and Tennessee, allow individuals to take the bar exam upon graduation from a law school that is not accredited by the American Bar Association. Usually these schools are accredited by state bodies.
[edit] Admission Without Law School
In California, Virginia, Vermont and Washington, an applicant who has not attended law school may take the bar exam after study under a judge or practicing attorney for an extended period of time. This method is known as "reading law" or "reading the law".
New York requires that applicants who are reading the law must have at least one year of law school study. (See Rule 540.4 of the Rules of the Court of Appeals for the Admission of Attorneys.)
[edit] Military Lawyers
Lawyers who are full-time active duty military officers may practice in some states, if they are stationed there and fulfill administrative requirements. For example, see Admission to Practice Rule 8g of the Washington Court Rules
[edit] Admission Pro Hac Vice
An attorney who is not licensed in a particular state and before a certain court, but who wishes to represent a client in a particular matter in that state, may petition the court to provide direct representation Pro hac vice, (Latin "For This One Case"). A number of jurisdictions require that the attorney partner with local counsel for purposes of service of process, attendance at court and assumption of responsibility. lawyers who practice under pro hac vice rules are usually also bound by that state's Rule of Professional Conduct and discipline.
[edit] Admission of foreign-educated lawyers
Many states allow some foreign-educated lawyers to take the bar examination.
- New York allows individuals with at least three years of formal education in the common law (such as British or Australian law) to take the bar exam. Individuals with two years of common law training or three years of civil law training may take the bar exam after completing a one-year Master of Laws (LL.M.) program at an American institution.
- Washington allows individuals admitted "to the practice of law by examination, together with current good standing, in ... any jurisdiction where the common law of England is the basis of its jurisprudence, and active legal experience for at least 3 of the 5 years immediately preceding the filing of the application." See Admission to Practice Rule 3 of the Washington Court Rules
[edit] State Bar Associations (distinguished)
Admission to a state's bar is not necessarily the same as membership in that state's bar association. There are two kinds of state bar associations:
[edit] Mandatory (Integrated) Bar
Some states, such as California, Florida, Louisiana, Texas and Washington, require membership in the state's bar association to practice law there. This is called a Mandatory, Unified or an Integrated Bar.
In Texas, for example, the "State Bar of Texas" is an agency of the judiciary and is under the administrative control of the Texas Supreme Court. See Tex. Gov’t Code section 81.011. The State Bar of Texas is composed of those persons licensed to practice law in Texas, and each such person is required by law to join the State Bar by registering with the clerk of the Texas Supreme Court. See Tex. Gov’t Code section 81.051. See also State Bar of California.
[edit] Voluntary and Private Bar Associations
A voluntary bar association is a private organization of lawyers. Each may have social, educational, and lobbying functions, but does not regulate the practice of law or admit lawyers to practice.
There is a statewide voluntary bar association in every state that has no mandatory or integrated bar association. There are also many voluntary bar associations organized by city, county, or by other community, such as the Hispanic National Bar Association. The American Bar Association is the voluntary bar association with the largest membership.
[edit] Additional Requirements in Certain Courts & Offices
[edit] State appellate courts
In many states of the U.S., admission to the bar of a state does not entitle the admitted attorney to appear and plead before the appellate courts of the state. However, admission to the bar of the appellate court is usually a fairly simple matter of paying a nominal application fee and taking an oath of admission.
[edit] Federal district and appellate courts
Admission to a state bar does not entitle the admitted attorney to appear and plead before the United States district courts or any United States Court of Appeals. As with State appellate courts, admission to the bar of a federal district or appellate court is granted upon payment of a fee and taking an oath of admission. These requirements are often different (such as not requiring a fee) for attorneys who appear before federal courts on behalf of the United States government, such as Assistant United States Attorneys.
An attorney must apply to each district separately. For instance, a Texas attorney who practices in federal courts throughout the state would have to get admitted separately to the Northern District of Texas, the Eastern District, the Southern District, and the Western District. To handle a federal appeal the attorney would also be required to be admitted separately to the Fifth Circuit Court of Appeals.
Some federal district courts have extra admission requirements. For instance, the Southern District of Texas requires attorneys seeking admission to attend a class on practice and procedures in that District, while the Southern District of Florida administers an entrance exam.
United States District Courts (Federal trial courts) condition their admissions policies on those of the state in which they are located. Generally speaking, a Federal District Court will admit a lawyer to practice provided that he or she is already admitted to practice in that state. Thus, for example, a lawyer admitted in California may automatically be admitted to the bar of a Federal court in California, but could likely not automatically gain admission to a Federal court in neighboring Oregon.
[edit] United States Supreme Court
An attorney wishing to practice before the United States Supreme Court must apply to do so. The attorney must have been admitted to a state bar for at least three years, and the application must be sponsored by two attorneys already admitted to the Supreme Court bar. A fee and a written oath are also required. [2]
[edit] United States Tax Court
Various other specialized courts, e.g., the United States Tax Court, have separate admission requirements. The United States Tax Court is unusual in that a non-attorney may be admitted to practice. However, the non-attorney must take and pass an examination administered by the Court to be admitted, while attorneys are not required to take the exam. Most members of the Tax Court bar are attorneys.
[edit] Patent Practice
Persons wishing to "prosecute" patents before the United States Patent and Trademark Office (USPTO)—i.e., represent clients in the process of obtaining a patent—must first pass the USPTO registration examination, frequently referred to as the "patent bar."
A Juris Doctor degree is not required to sit for the patent bar. Lawyers who pass the patent bar exam may refer to themselves as Patent attorney; non-lawyers are referred to as "Patent agent". Patent agents may not hold themselves out as licensed attorneys.
The USPTO requires that, to sit for the patent bar, each individual must have earned a bachelor's degree in a "hard science" or engineering, or accrued a certain number of credits in undergraduate science courses; the number of credits depends on the specific discipline. A computer science degree is acceptable, so long as it is received from an ABET accredited program. Although the admission requirements do allow substitution of technical experience for technical education, in practice that is rarely done.
Most patent lawyers have a relevant four-year degree and many have graduate technical degrees. Legal ethics rules prohibit lawyers from using the title "patent attorney" unless they are admitted to practice before the USPTO. These additional requirements make patent attorneys very rare and are in high demand by many companies, making a starting salary of $145,000 quite average.
Passing the patent bar is not necessary to advise clients on patent infringement, to litigate patent issues in court or to prosecute trademarks. However, only registered patent attorneys or patent agents can advise clients on patent validity.
[edit] Misc.
- Courts in the U.S. make no distinction between barristers and solicitors; all lawyers are "admitted to the bar".
- When attorneys say "I was admitted in year 19XX" they are referring to the year in which they were first sworn into the bar of any jurisdiction.
[edit] Lack of Apprenticeship
The American legal system is unique in that, with few exceptions, it has no formal apprenticeship or clinical training requirements between the period of academic legal training and the bar exam, or even after the bar exam. Two exceptions are Delaware and Vermont, which require that candidates for admission serve a full-time clerkship of at least five months (Delaware) or three months (Vermont) in the office of a lawyer previously admitted in that state before being eligible to take the oath of admission.
On October 12, 2005, the Washington State Supreme Court adopted amendments to Admission to Practice Rule 5 and 18, mandating that, prior to admission, Bar applicants must complete a minimum of four hours of approved preadmission education.
Many law schools have tried to rectify this lack of experience by requiring supervised "Public Service Requirements" of all graduates, see Brandeis School of Law (University of Louisville) Public Service Requirement
In most states, therefore, anyone with a J.D. (or equivalent experience in the states that allow it) may immediately take the bar exam and be admitted to the bar, and then may immediately seek out clients and start filing papers with a court. The current system has been heavily criticized, since clients often end up subsidizing the apprenticeship of young lawyers.
[edit] Benefits of admission
A successful applicant is permitted to practice law after being sworn in as an officer of the Court. Upon admission, a new lawyer is issued a certificate of admission from the state's highest court and a membership card attesting to admission.
In some states, e.g., Texas and California (but not New York), new lawyers are also issued a unique bar association identification number. In certain jurisdictions where the unauthorized practice of law is a serious problem, the state bar number must appear on all documents submitted by a lawyer, to enable the court to confirm that the lawyer is a member of the bar in good standing.
[edit] External links
- Comprehensive chart of all 56 US jurisdictions' bar admission requirements, published by the ABA
- Washington State Law Clerks Association
