bar reciprocity

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BCLS
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bar reciprocity

Postby BCLS » Fri Mar 08, 2013 12:58 am

Hi guys,

quick question concerning bar reciprocity. I've been looking at the requirements and it seems like most states require you to be either a law professor, government employee, or judge before you can waive into a state. Are these the only categories? For example, can a plaintiff's civil litigator waive into a state?

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A. Nony Mouse
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Re: bar reciprocity

Postby A. Nony Mouse » Fri Mar 08, 2013 1:03 am

Not to be rude, but this is just plain wrong. Any attorney can waive into a state (that allows waiving in at all; some places make everyone take their exam). There are sometimes different requirements for e.g. judges rather than your garden variety lawyer. And your average lawyer generally has to have practiced a certain number of years (with a couple of exceptions). But waiving in is not limited to the professions you list.
Last edited by A. Nony Mouse on Fri Mar 08, 2013 1:05 am, edited 1 time in total.

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haus
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Re: bar reciprocity

Postby haus » Fri Mar 08, 2013 1:04 am

BCLS wrote:Hi guys,

quick question concerning bar reciprocity. I've been looking at the requirements and it seems like most states require you to be either a law professor, government employee, or judge before you can waive into a state. Are these the only categories? For example, can a plaintiff's civil litigator waive into a state?

Where would you want to go, and from where? Or is the plan to wander the land and settle injustices like David Carradine?

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I.P. Daly
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Re: bar reciprocity

Postby I.P. Daly » Fri Mar 08, 2013 1:04 am

Are you thinking of pro hac vice?

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I.P. Daly
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Re: bar reciprocity

Postby I.P. Daly » Fri Mar 08, 2013 1:06 am

A. Nony Mouse wrote:???? Everywhere I've seen, you just need to have practiced a certain number of years, then you can waive in. I've never seen it limited to specific professions. (I have seen specific requirements for e.g. judges, but that's it.)


I don't think Florida or California has reciprocity with other jurisdictions.

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A. Nony Mouse
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Re: bar reciprocity

Postby A. Nony Mouse » Fri Mar 08, 2013 1:09 am

I.P. Daly wrote:
A. Nony Mouse wrote:???? Everywhere I've seen, you just need to have practiced a certain number of years, then you can waive in. I've never seen it limited to specific professions. (I have seen specific requirements for e.g. judges, but that's it.)


I don't think Florida or California has reciprocity with other jurisdictions.

Yeah, sorry, I edited above. Not all states have reciprocity; some make you (everyone) take their exam. But if there is reciprocity (or admission on motion), it's not limited to subsets of lawyers.

Edit again: apparently some states that do not generally allow admission by motion do make exceptions for law profs/JAG/some gov't employees - although according to this, http://www.ncbex.org/assets/media_files ... pGuide.pdf, it's 4 states and 3 territories, which I don't think counts as most states.

BCLS
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Re: bar reciprocity

Postby BCLS » Fri Mar 08, 2013 12:33 pm

What about the practice of law section here: --LinkRemoved--

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A. Nony Mouse
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Re: bar reciprocity

Postby A. Nony Mouse » Fri Mar 08, 2013 1:21 pm

BCLS wrote:What about the practice of law section here: --LinkRemoved--

I think the reason those categories of lawyers are specified is to broaden the meaning of "practice of law," not to narrow it. Mass. apparently normally requires that your practice be physically located in the jurisdiction where you're admitted (i.e. if you're admitted in NH, only years of active practice located in NH count toward admission by motion into Mass). The specified categories of lawyers often wouldn't meet that requirement, and so the language you're worrying about just says that their work counts. So, for instance, judges and law clerks don't actually "practice" under the usual meaning of the word (I'm a clerk - we're forbidden to practice law), and for another, you often clerk somewhere you're not admitted - all that means is that judging/clerking counts for admission by motion. And government attorneys and in-house counsel frequently practice in jurisdictions where they're not admitted (that is, if you're admitted in one state but work for a corporation in another state, and you're not standing up in court, you don't have to be admitted in the corporation's state; similarly, federal government attorneys can appear in federal courts without being admitted to the actual state in which they're appearing).

This may help: http://www.mass.gov/bbe/motioneligibility.pdf

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I.P. Daly
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Re: bar reciprocity

Postby I.P. Daly » Fri Mar 08, 2013 1:25 pm

(Scooped :lol: )

Just because there is reciprocity generally does not mean an out-of-state lawyer can come in and litigate a case. If the attorney qualifies under the rules of reciprocity, they generally must complete a lengthy (up to or over one year) bar & C&F application, and sit through specific CLE classes. Common exceptions are granted for government and JAG attorneys and in-house counsel. Also, (often for a fee), some states issue temporary pro hac vice permits, or allow an out-of-stater to associate with an instate attorney to litigate cases.

Although MA may have reciprocity with all other US jurisdictions, not every jurisdiction has reciprocity with MA (i.e. MA admitted attorneys must sit for the bar).

BCLS
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Re: bar reciprocity

Postby BCLS » Fri Mar 08, 2013 1:53 pm

Thanks guys this is reassuring! Really appreciate you taking the time to explain this. Thanks!




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