Bar reciprocity - ca and tx Forum

[Anonymous User]

First year contemplating a move from ca to tx and wondering what the path of least resistance would be bar wise… I know tx only allows waive in after 5 years and doesn’t accept transferred mbe scores but could you hypothetically transfer your mbe score to another UBE jx with a low cut score take the mee only exam there and then have reciprocity to tx (assuming your overall score on UBE is high enough)?

[Anonymous User]

So the national bar people seem to say that you have to take all portions of the UBE in the same UBE jdx at the same time to have a portable UBE score. You should look into that further, but to me that suggests that if you wanted to get admitted in a UBE jdx, say Iowa, you could transfer your MBE score to Iowa and take just the MEE and MPT and get admitted in Iowa, but that that would only get you admitted in Iowa, and wouldn’t give you a full, transferable UBE score that you could then take to TX.

http://ncbex.org/exams/ube (in the yellow box at the bottom)

[Anonymous User]

You need to retake the full bar exam. But look it up yourself (you're an attorney).

[Anonymous User]

You need to retake the full bar exam. But look it up yourself (you're an attorney).

Well you don’t “need” to as you can always wait the 5 years…

At any rate, does anyone know how strict firms are with this, in other words if after ~3 years I decide to try to move, would the firm insist I get additionally barred in TX immediately, or would they let me just sign as a CA attorney and drag my feet?

[Anonymous User]

You're asking if a law firm will be okay with unauthorized practice of law for two years? No, they will not. Your firm will require you sit the next available bar exam - sometimes that can push to the one after the next depending on timing, but they will want to show that they are working to get you admitted in the jurisdiction you are practicing expeditiously. You cannot "sign as a CA attorney" while practicing permanently in TX. They will update your status to "Law Clerk" or something similar and you will practice under the supervision of a licensed attorney during the period you are not barred.

[Anonymous User]

You're asking if a law firm will be okay with unauthorized practice of law for two years? No, they will not. Your firm will require you sit the next available bar exam - sometimes that can push to the one after the next depending on timing, but they will want to show that they are working to get you admitted in the jurisdiction you are practicing expeditiously. You cannot "sign as a CA attorney" while practicing permanently in TX. They will update your status to "Law Clerk" or something similar and you will practice under the supervision of a licensed attorney during the period you are not barred.

Are you a litigator, what does it matter for corporate work? I’ve seen partners transfer from NY to CA and have not admitted in CA for longer… and lol wouldn’t call it unauthorized practice

[Anonymous User]

It is pointless to talk about whether it actually matters for corporate work. It is also annoying to consider why you "wouldn't call it unauthorized practice." Get out of here with the theoretical arguments.

Most big law firms have a policy requiring laterals to take the next available bar exam. They don't exclude certain practice areas from such policy, meaning it applies to corporate laterals. Feel free to try and negotiate that away, but seriously, just take the bar exam again. You'll get paid more to do it this time.

Or wait four years, I guess?

[Anonymous User]

It is pointless to talk about whether it actually matters for corporate work. It is also annoying to consider why you "wouldn't call it unauthorized practice." Get out of here with the theoretical arguments.

Most big law firms have a policy requiring laterals to take the next available bar exam. They don't exclude certain practice areas from such policy, meaning it applies to corporate laterals. Feel free to try and negotiate that away, but seriously, just take the bar exam again. You'll get paid more to do it this time.

Or wait four years, I guess?

Bro- “matter” as in practically speaking to the firm… which if you’ve been around biglaw you’d recognize this is a legit question

Know a handful of folks at KE LA for example who have been sitting on NY licenses and no clear plans to take CA

[Anonymous User]

It is pointless to talk about whether it actually matters for corporate work. It is also annoying to consider why you "wouldn't call it unauthorized practice." Get out of here with the theoretical arguments.

Most big law firms have a policy requiring laterals to take the next available bar exam. They don't exclude certain practice areas from such policy, meaning it applies to corporate laterals. Feel free to try and negotiate that away, but seriously, just take the bar exam again. You'll get paid more to do it this time.

Or wait four years, I guess?

Bro- “matter” as in practically speaking to the firm… which if you’ve been around biglaw you’d recognize this is a legit question

Know a handful of folks at KE LA for example who have been sitting on NY licenses and no clear plans to take CA

Wouldn't that depend on what work you do and for whom? If people are sitting in LA but they're only working for NY partners (which would be weird but is possible, especially if they transferred offices), then they might not need to be barred in CA. But it doesn't seem as likely that you could lateral to a new firm in TX and only do CA work.

[Anonymous User]

It is pointless to talk about whether it actually matters for corporate work. It is also annoying to consider why you "wouldn't call it unauthorized practice." Get out of here with the theoretical arguments.

Most big law firms have a policy requiring laterals to take the next available bar exam. They don't exclude certain practice areas from such policy, meaning it applies to corporate laterals. Feel free to try and negotiate that away, but seriously, just take the bar exam again. You'll get paid more to do it this time.

Or wait four years, I guess?

Bro- “matter” as in practically speaking to the firm… which if you’ve been around biglaw you’d recognize this is a legit question

Know a handful of folks at KE LA for example who have been sitting on NY licenses and no clear plans to take CA

Wouldn't that depend on what work you do and for whom? If people are sitting in LA but they're only working for NY partners (which would be weird but is possible, especially if they transferred offices), then they might not need to be barred in CA. But it doesn't seem as likely that you could lateral to a new firm in TX and only do CA work.

I am talking stating at my same firm just a tx office. But yeah this is basically my point, my firm staffs a lot cross office and I work some with TX already so what diff does it make if I’m doing that same split CA/TX/NY deal mix but now live in tx. I feel like the other poster has no idea what corp deal flow looks like

[Anonymous User]

Lol. Bro. I am an M&A associate who started out in CA and then lateraled between biglaw firms and had to retake the bar in a UBE state. So I've actually done exactly what you're thinking about. Researched it thoroughly and went through with it.

Everyone is saying the same thing to you. Literally trying to help. Firms are going to require you to get licensed in the state you sit in, unless you negotiate something different. Even for corporate work. It's nothing personal, and it's not like it is deeply rooted in reason; I actually think it's a stupid ethical rule that is outdated given how transactional practices operate these days. But regardless, it is standard firm policy and the current state of the legal market. Trying to get you ready to hear that.

Now, while firms are generally conservative, some firms are more flexible than others. Also some attorneys may choose to not comply with ethical regulations. Not sure how often they are enforced. But the PR rules and firm policies are pretty clear, right?

Lastly, the bar exam isn't that hard, and the UBE is easier than CA. Just take it again when you're ready to move. Or, if you're really worried about it, wait until you hit that five year mark where you can waive in.

Good luck. This bro is out.

[Prudent_Jurist]

Bro…

[Anonymous User]

Bro TX flipped UBE relatively recently

[moxcoal]

Mods, any point to the anon abuse here besides being assholes?

[trebekismyhero]

This is pretty firm dependent (at least for corporate). I agree that the majority of firms will make you take the bar no matter what. But I do know of a couple firms that will let work from a different state that they are barred in as long as they are barred in a state where the firm has an office. At least for their corporate associates, might be different for litigators