Lawyers from other states who are licensed and in good standing in another U.S. jurisdiction U.S. states can apply for the MultiJurisdictional Practice Program to practice law. ABA MR 5.5 allows attorneys admitted to another jurisdiction to provide legal services on a “temporary” basis, under certain limited conditions.
California Judicial Rule (CRC) 9.47 allows attorneys to practice law “temporarily” in California as part of litigation. ABA MR 5.5 also includes special provisions for in-house counsel. California has somewhat similar provisions in the California Judicial Regulations, which govern attorneys from other states who act as in-house counsel. First, attorneys will not practice law in a jurisdiction that violates the regulation of the legal profession in that jurisdiction.
CRPC, rule 5.5 (which prohibits lawyers not admitted to practice in California from making known to the public or otherwise declaring that the lawyer is admitted to practice law in California). However, the COPAC warned that lawyers who practice remotely should avoid practicing law in an unauthorized manner in violation of applicable restrictions. Lawyers not admitted to practice law in California must not “go public” or otherwise represent that the lawyer is admitted to practice law when, in fact, the lawyer is not admitted. The jurisdiction has been active and in good standing for at least four years immediately preceding the first day of the exam to which the application was submitted.
You can take the one-day bar exam instead of the general bar exam. In addition, the lawyer must not “make known to the public” or declare that he is authorized to practice law in a jurisdiction where the lawyer is physically located, but is not authorized to practice. However, attorneys who are physically in California must take into account California's restrictions on unauthorized practice, establish an office where the lawyer is not admitted, and “maintain the law in public.”Some states have reciprocity agreements with other states, which allow lawyers who are licensed in those states to be admitted to the bar without having to take the exam or complete additional CLE requirements. The registration of internal attorneys allows attorneys who work as internal attorneys for a firm to practice law on behalf of that firm in a state where they are not licensed.
Even so, it is very important for a lawyer who works remotely to be familiar with the statutes, rules and case law that govern the practice of law in the jurisdiction in which the lawyer is physically located and to determine if the physical practice of the practice of law by the lawyer in the state constitutes an unauthorized practice of law in accordance with the laws of that particular state. As the ABA points out, Maine and Utah agree that the fact that a lawyer is working on matters in the state where the lawyer has a distant license does not mean that the lawyer is engaged in the unauthorized practice of law. This can be especially useful for lawyers who want to work temporarily in a different state, or for those who have recently moved to a new state and want to continue practicing law. Some states also allow attorneys who have passed the bar exam in another state to transfer their test scores to the new state, as long as they meet certain requirements. This requires attorneys to understand the technical parameters of the technology they use in connection with any virtual or remote consultation.
In addition, ABA MR 5.5 states that an attorney will not assist another lawyer to practice law in a jurisdiction that violates the regulation of the legal profession in that jurisdiction.
