Chintan Zalani
How to Practice Law in Multiple States
Can US Lawyers Practice in Different States?
Yes, lawyers in the US can practice in different states, provided they meet state and bar requirements.
Serving multiple states can help lawyers practice law outside their home state and continue to serve their clients even when their case needs to be filed in another state.
Jane Lehman, a legal specialist for LegalShield, tells the story of a client who had leased non-working $25,000 equipment from another state. He tried calling them repeatedly, but they just stopped answering. He was at a loss, not knowing what to do.
He called his provider law firm in his state. They connected him to the law firm in the state where the equipment had been leased and they wrote a letter to the equipment company. The client received a check for $25,000. He thanked me and said that if it hadn’t been for LegalShield, he would have been out $25,000
This is just one of the many instances where serving in multiple states can give your practice an edge and enable you to provide more value to your clients.
Can You Practice in More Than One Area of Law?
Yes, you can practice in more than one area of the law as long as you have the qualifications. While there are no strict rules for lawyers to stick to a single practice, it’s still expected that lawyers only handle cases they are qualified to take on.
Why Lawyers Should Practice in Multiple States
Before discussing how to start a law firm in multiple states, let’s look at the benefits of doing so. Practicing in various states can help you:
- Expand your client base. You’re not limited to serving clients within a specific state, which opens up your practice to increasing its clientele.
- Gain diverse legal experience. Handling cases in different states is sure to improve your knowledge and expertise.
- Grow your legal network. Being a multi-state lawyer allows you to participate in state bar associations and legal firm networks in the states that you practice.
- Grow your revenue. Being able to take on cases in multiple states provides an opportunity to boost your firm’s revenue.
How To Practice in Multiple States
There are different ways for lawyers to practice in multiple states.
In general, different states have their own rules in letting lawyers practice in their state even without taking the full bar exam.
However, lawyers have to remember the core principles of Model Rule 5.5: Unauthorized Practice of Law; Multijurisdictional Practice of Law from the American Bar Association (ABA) Model Rules of Professional Conduct, which lays out the ethical guidelines for multi-state lawyers.
According to this rule, lawyers shouldn’t practice law in a jurisdiction if they’re not qualified to do so. However, the rule says that a lawyer licensed in one jurisdiction can practice in another only if:
- The service is temporary.
- The service is in association with a lawyer licensed in that jurisdiction
- They are seeking pro hac vice admission
- The case is related to the lawyer’s practice
To give a succinct insight on Model 5.5, outside General Counsel for law firms Jeff Cunningham says:
The ABA has noted there is no bright line rule when ‘temporary’ practice crosses over into ‘continuous’ – in fact there’s not really even a blurry line. Each state’s rules and applicable law must be reviewed before any engagement is entered into and the attorney’s status should be made explicitly clear, in writing, to every impacted client.
If you’re thinking about practicing in multiple states, here’s what the process involves:
Check if Your Clients Demand a Multi-State Law Firm
You only have to listen to your clients to know if you need to practice law in multiple states.
In the case of Bundy Law, they’ve found that a lot of their clients had to file cases in Oklahoma but lived or worked in Arkansas. They tried referring these clients to other law firms, but they later found out that their clients didn’t like the experience. Some areas were underserved so they couldn’t even make referrals.
This was when they decided to acquire cross-licensures for their lawyers across Oklahoma, Arkansas, and Missouri. The outline in the map below defines the areas they cover, and go out of the line on a case-by-case basis.
Challenges for Transactional Lawyers vs. Litigation Lawyers
Practicing in multiple states will take some time and effort for both transactional and litigation lawyers, but there are some challenges unique to each one.
Transactional lawyers may run into these scenarios:
- Forming an LLC
- Real estate transactions
- Securities regulations
- Tax laws
- Maintaining multiple bar licenses and CLE requirements
- Conflicts of interest
- Sticking to your scope of practice
Meanwhile, litigation lawyers might have challenges in:
- Mastering state-specific procedural rules and court systems
- Cumbersome application for pro hac vice
- Navigating the local legal culture
- Showing up for court cases (travel and logistics)
- Collaborating with local counsel
While both types of lawyers face challenges in practicing multi-state, litigation lawyers have more to deal with, such as attending court proceedings and working with several legal counterparts in each state.
Research All State Requirements
It’s important to research and learn about the requirements of starting a multi-state practice for a smooth transition.
- Reciprocity: Take time to learn your state’s reciprocity rules as these vary from state to state. You may take the Uniform Bar Examination (UBE) if you want to practice in the following states:
- Alabama
- Alaska
- Arizona
- Colorado
- Connecticut
- District of Columbia
- Idaho
- Iowa
- Kansas
- Maine
- Minnesota
- Missouri
- Montana
- Nebraska
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Dakota
- Oregon
- South Carolina
- Utah
- Vermont
- Washington
- West Virginia
- Wyoming
Note that some states offering this option may require you to take separate courses and tests for specific state subjects. Also, the validity of your UBE score varies for each state. To be sure, contact the state bar of your target state to confirm whether or not they practice reciprocity for your state.
- Admission on Motion: Applying for admission on motion involves different steps per state, so you need to check state bar regulations for accurate and updated information. Generally, the requirements for admission on motion include:
- Years of active legal practice
- Good standing in other states
- Passing the Multistate Professional Responsibility Examination (MPRE)
- Character and fitness evaluations
- Law school transcripts
- Letters of recommendation
- Application fees (varies by state)
- Orientation
- Taking continuing legal education (CLE) courses
- Passing state-specific exams
This process can be complicated and there are deadlines to follow, so you should diligently track your progress to achieve your goal of getting your application approved.
- Bar Exam: If you don’t want to go through a long process of reciprocity or admission on motion, you can opt to take the state’s bar exam. Some of the steps may include:
- Read the state’s bar admission rules
- Check eligibility requirements
- Check UBE score requirements and validity period
- Check if MPRE is required
- Submit required documents
- Go through required character and fitness investigations, including interviews.
- Pay admission fees
- Pro-Hac Vice Admission: Another option to practice out of state is to get pro-hac vice admission from the court for an existing case. This is granted on a one-off, case-by-case basis by the court. Courts often require out-of-state attorneys to have a local counsel who is licensed to practice in the jurisdiction. Common requirements for pro hav vice admission include:
- Good standing in the home state
- Good standing in the target state
- The motion must be filed in the court requesting pro hac vice admission
- Application fees
Join National and State Bar Associations
Joining national bar associations like the ABA provides access to a huge network of lawyers in the US, which can be a source of valuable referrals.
National associations also help you pursue continuing legal education, engage in advocacies, and develop leadership in your field.
On the other hand, joining state bar associations strengthens your local connections not just with other lawyers but other legal professionals like judges and court personnel.
State bar associations also give you access to state court resources, which helps you understand local court practices and procedures.
Most importantly, being part of national and state bar associations helps in maintaining your reputation as a credible and trustworthy attorney.
Attend Legal Conferences and Events
Just like participating in bar associations, engaging in legal events helps build connections that are crucial in growing your career and practice.
Legal conferences can help you:
- Connect with fellow lawyers in your practice area
- Broaden your network and meet lawyers in diverse practice areas
- Stay updated about the latest legal news, cases, and regulations
- Find a mentor
- Learn new insights
- Get referrals
Start an Online Marketing Campaign
After getting licensed in multiple states, it’s time to promote your legal services in all applicable locations of your practice.
You can start by improving your online visibility by leveraging SEO for multiple locations.
Here’s how to do it:
- Create a new Google Business Profile (GBP) to target your new practice location: Make new GBP profiles for each of your practices’ new locations. Here’s an example from national law firm Winston & Strawn LLP:
- Some tips to optimize your profile:
- Ensure that your business name, address, phone number, and website (NAP + W) are correct and consistent with your website and other listings online.
- Pick the most relevant categories for each location (e.g., Family Lawyer, Real Estate Lawyer, Personal Injury Lawyer, etc.)
- Upload professional photos of your office, staff, and clients (with their permission).
- List all services offered in each location, specifically your practice areas and expertise.
- Use location-specific keywords in your profile description, such as “Personal injury lawyer in Florida.”
- Create geo-based landing pages: Make dedicated landing pages for each of your locations to further optimize your site, improve local ranking, and attract potential clients in the area.
Here’s an example from the personal injury law firm, Keller & Keller:
- Create geo-focused content: Use content marketing for local SEO by publishing blog posts, FAQs, and other informational pages on your website for a specific location to improve your website’s ranking in location-specific keywords.
Domestic litigation firm Cordell & Cordell has detailed pages for each of their locations:
- Start a PPC campaign for each location: Some firms like to get faster results pay-per-click (PPC) ads like Google Ads, which can boost your SEO efforts with campaigns that can bring in instant traffic and leads (with the right strategy).
- Streamline operations for how you’ll handle multiple locations: You need an efficient system to manage a multi-state practice. This includes using technology such as legal management apps and video conferencing tools to seamlessly serve clients in any state that you serve.
Attorney Gary August of August Law describes how he manages handling cases in various states:
The rapid advancement of internet connectivity and webcams, combined with online platforms like Zoom and Teams, has revolutionized how we communicate with our attorneys, support staff, and clients. Virtual meetings, file sharing, and real-time updates enable us to bridge geographical gaps seamlessly, making way for excellent client communication and information delivery. The days of clients dropping off documents at our offices or delivering documents to courts and opposing counsel are long gone.
August also mentioned the advantage of remote hearings. Even after the COVID-19 pandemic, most courts have allowed remote hearings, making it easier for cross-licensed lawyers to represent their clients without having to be present in court physically.
Remote Work Considerations For Multi-State Lawyers
Since the COVID-19 pandemic, remote work has become an acceptable practice for lawyers. However, The ABA clarified that this should only be allowed for lawyers with a license and jurisdiction to practice law where they represent clients remotely. If the lawyer isn’t licensed in the jurisdiction, the lawyer must have an arrangement with that jurisdiction, allowing them to practice there. The ABA issued a statement called Formal Opinion 495, which states that:
In addition to the remote jurisdiction’s permission for non-licensed lawyers to practice in their location, these lawyers should also not have established offices in their jurisdiction, or advertisements that specifically states that they practice in their jurisdiction. For instance, if a personal injury lawyer in New Jersey wants to attend a remote hearing for a client in Nevada, then he should have permission from the Nevada state bar and he shouldn’t have established offices in New Jersey or advertised himself as a personal injury lawyer in New Jersey.
Matt Corbin, Managing Director at Aon, suggests that lawyers who are planning on taking cases in multiple states long term should simply opt for applying for admission in those states.
While ABA Formal Opinion 495’s common sense approach to remote work in unlicensed jurisdictions should lead the conversation, some states may take a contrary view. If a lawyer anticipates working remotely on a regular basis from a non-admitted jurisdiction for the foreseeable future, the prudent course is still to apply for admission to the new jurisdiction.
Pro Hac Vice Admissions
For some lawyers, practicing in multiple states isn’t a norm and only happens in certain situations. In these cases, a pro hac vice admission might be a better option. Pro hac vice admissions allow you to take on cases outside your jurisdiction and serve your clients promptly without going through the process of state admission.
You might find yourself in these scenarios where pro hac vice admissions will be needed:
- Representation in a State or Federal Court
- Multidistrict Litigation (MDL) cases
- High-value cases
- Criminal cases
- Administrative tribunals
- Election-related legal cases
- Pro Bono representation
- Appeals and specialized expertise
Follow Ethical Guidelines for Practicing in Multiple States
Practicing in multiple states is a privilege, and as such, there’s a high expectation of upholding integrity and protecting the interests of your clients.
- Conflicts of interest – Always be cautious of potential conflicts that may arise from representing a client in one state and another client in a different or the same state.
- Competency – You’re expected to stay competent in your practice for all locations. To do this, you need to keep your legal knowledge current, specifically the rules, statutes, and case law of each state you practice in.
- Advertising – To avoid misleading or deceptive statements to potential clients, always ensure that your ads adheres to the ethical standards of every state of practice, and that they accurately represent your qualifications and practice areas.
Ensure a Successful Multi-State Practice with Expert Marketing Strategies
Expanding your legal practice to multiple states can be complex. On The Map Marketing specializes in helping law firms navigate multi-state marketing, build a strong online presence, attract new clients, and establish their firm as a leader in multiple jurisdictions.
Contact us to start promoting your multi-state practice online. Or find your next best state and create a marketing plan to launch it there.
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