Getting admitted in a non-UBE state, but that state has reciprocity with a UBE state, little confused on process

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Getting admitted in a non-UBE state, but that state has reciprocity with a UBE state, little confused on process

Post by Anonymous User » Mon Jun 01, 2020 6:49 am

It’s hard to begin studying for the PA bar exam because I’m confused on what the accurate information here is if anything can please clarify:

My former admitted boss (old NY bar exam & pending Supreme Court admission) told me to just pass CT, Delaware, or PA and eventually waive in via active license for 5 years via reciprocity with a UBE state listed in that bar’s website which is there for NY, NJ, and DC, plus admitted status he said would help for more perm. role in his company I worked for as a temp. contractor in NYC last year.

Just saw another post searching the forums saying it’s impossible to pass a non-ube state exam like the ones mentioned and then become admitted in a UBE state like NY or NJ or DC? This post was only from 2017, so not sure if something changed or what the accurate information is here. Thanks in advance, Be well

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Re: Getting admitted in a non-UBE state, but that state has reciprocity with a UBE state, little confused on process

Post by nixy » Mon Jun 01, 2020 8:03 am

I’m confused about what you want to do. Where will you be practicing? Why does the UBE matter? AFAIK, reciprocity is different from the UBE and still exists - if you take the bar and get admitted in one state (say PA), and work as an attorney there for 5 years (or however many they require), you can apply to get admitted by motion (bar exam results irrelevant) in a state that has reciprocity with PA. That’s different from taking the bar in a UBE state, getting a score, and then using that score to get admitted in a different state that also accepts the UBE - mostly in that you don’t have to work for 5 years first like you do with reciprocity, but your exam score still matters, which it doesn’t with reciprocity.

So as to the post you saw, you can pass a non-UBE state and get admitted into a UBE state, but not via the UBE process, only via reciprocity (and there are still at least a few states? or at least California? that are neither UBE nor have reciprocity with any other state). IIRC DC has universal reciprocity - you can get admitted there as long as you’re admitted in any state, and I don’t think they even make you wait 5 years - but it’s a long and expensive process.

I haven’t actually gone through either process so I can’t speak to the details, though.

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Re: Getting admitted in a non-UBE state, but that state has reciprocity with a UBE state, little confused on process

Post by Anonymous User » Mon Jun 01, 2020 1:18 pm

Thank you for clarifying, but I was told that instead of actually having to practice for 5 years in said state like PA first, all that is required is an active license. That means you can still work outside of PA & somehow keep your PA license active long enough for 5 years to waive in? That’s basically what I was asking, wasn’t sure what is entailed in keeping it active for 5 years, but I was told certainly don’t have to practice in that jurisdiction to keep it active to be considered for a waiver into a UBE state.

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Re: Getting admitted in a non-UBE state, but that state has reciprocity with a UBE state, little confused on process

Post by nixy » Mon Jun 01, 2020 1:36 pm

I think that’s right, as long as you’ve been actively admitted in a state for 5 years and maintained active status however the state wants you to do that, that counts for the admission by motion into a state that has reciprocity.

I think what’s confusing me is your reference to waiving into a UBE state - unless you took the UBE and have a UBE score, I’m not sure it’s pertinent that you’re waiving into a UBE state. You can waive into a state that has reciprocity with PA regardless of whether it’s a UBE state, so you could waive into NY after 5 years (or however long it is). I don’t think being admitted in NY will make you portable across the UBE states though - my understanding is that you still need a UBE score. If you have a UBE score you can get admitted into a UBE state at any time after you get that score. If you don’t have a UBE score you may be able to waive into certain jurisdictions after 5 years or whatever, if the states have reciprocity. But that reciprocity doesn’t have anything to do with whether a state is a UBE state or not - it’s a separate thing. So if you waived into NY, and then wanted to get admitted into a 3rd state that is a UBE state but doesn’t have reciprocity with NY or PA, you’re stuck. Not sure if there are any such states, mind you, but you’d have to check the specific states.

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Re: Getting admitted in a non-UBE state, but that state has reciprocity with a UBE state, little confused on process

Post by Anonymous User » Mon Jun 01, 2020 5:15 pm

Thank you! My goal is to be able to basically waive in those reciprocity states with PA such as NY, NJ, or DC, so by passing it his PA bar I can have that option by maintaining an active license.

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