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LEGAL CAREER INFORMATION YOU CAN USE
Pass the bar in one state, Work in Another. [Danielle D. Hansen, J.D.] We all know the complicated subtleties of reciprocity arrangements. Some states let you practice law there, provided that you’ve passed the bar in another state. But only if you passed the bar of certain states with pre-arranged agreements with the state in which you passed the bar and not just any old state in general. Confused? This week, we look at the advantages and possibilities of passing the bar in one state and working in another.
Within the legal community, it’s generally an
into at least one state, your resume can
accepted fact that some states’ bar exams
work against you. A potential employer will
are more difficult than others. New York and
see that you’re a J.D. but that you have not
You can do the studies on your own of states
California, for example, have the reputations
passed the bar anywhere. Their first question
with high-pass Bar Exams. Compare it to
of giving difficult exams, and their pass/fail
will be why is this so.
your own state’s exam. You’ll have to study
ratios back this up. So, for example, if you
and a much higher pass rate.
for that particular state’s exam and arrange
want to work in California, you’ll either have
Were you bright enough to earn your J.D. but
for your own travel and accommodations at
to pass the full California Bar Exam or the
you keep failing the bar exam in your state?
your own cost, of course. All the research
two-day attorney exam. It’s that simple. Well,
Did you not take the bar exam yet? If not,
must be done on your own as well. So with
it would appear so at first glance, but it all
why not? Why would you invest so much time
all this extra work and expense, what are the
depends on the type of work you’re pursuing.
and money and hard work in earning your
benefits?
J.D. and then decide to go into a corporate or In order to go into court and litigate actual
otherwise non-legal job?
cases, then, yes, you will more than likely
Remember our point earlier about padding your resume? That’s where it can pay off.
need to either waive into a state or pass the
For these reasons-in order that these ques-
If you’re in New York applying for a job and
bar for that state itself. However, this will not
tions don’t come up-it’s a good idea to have
you have Admitted to the Pennsylvania Bar
matter if you’re looking to get into non-legal
the Admitted-to-the-Bar stamp on your
on your resume, for example, that looks
corporate work.
resume. And if you’ve taken the Bar Exam
infinitely better than just having J.D. in your
and failed it in a difficult state like California,
education section. At an interview, you’ll
there are still ways around this issue.
doubtless be asked about this situation, and
The difference between a practicing lawyer and a J.D., of course, is whether the person
this too can work to your advantage.
has passed the bar or not. Some corporate
The first way, of course, is to study harder
jobs require a “legal background,” even
and prepare yourself better for the next Bar
You obviously don’t want to say, “I took the
though your job will not require you to
Exam. You obviously know that you’re not
PA Bar Exam because the NY exam was far
practice law for them. The legal background
the first nor last person to fail the Exam, so
too difficult” or “I took the PA Exam just for
connotes, at the very least, an understanding
there is no shame in having to take it more
the sake of having a Bar Admission on my
of laws, contracts, and other subjects in that
than one time in order to pass. But there is
resume,” even though that may be exactly
realm, whether the corporation wants to hire
another way that has gained some popularity
what you did. Instead, you can come up with
a full-fledged attorney or not. Having a J.D.
among J.D.s.
creative reasons. Perhaps you can say that
will definitely fulfill the legal-background
you once aspired to practice law in Philadel-
requirement, even if the person is not a prac-
Let’s say you resigned yourself to the fact
phia but later opted against it. Or you can say
ticing attorney.
that you cannot or will not pass your state’s
that you found that PA law interested you in
bar exam. (We encourage you not to take
the past because you thought about living
People have been padding their resumes for
this attitude, but if you already have it, then
there.
as long as resumes have been in existence. It
we figure that you know yourself better than
looks great that you have a J.D. listed under
anyone and maybe you’re being realistic.)
In any event, this may not work if you’re
your education heading on your resume, but
You can still have Admitted to the Bar on your
applying for a NY job that requires a NY
it looks even better if you can add “Admit-
resume. The key is to take another state’s
license. But for a corporate-type job where
ted to the ___ Bar.” Without bar admission
bar exam-a state with a much easier exam
bar admission is not required, your resume
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LEGAL CAREER INFORMATION YOU CAN USE
will look more complete with a Bar Admission on it, as opposed to just a J.D. Competition is fierce for employment, especially for legal jobs. Many of your competitors will have Bar Admissions on their resumes, so you cannot afford to be without one. If you’re licensed in one state and do wish to move and practice law in another, then that’s where the complicated reciprocity rules come into play. There are about 19 states that allow lawyers from other states to come in and practice without having to pass their bar exams. But this provision usually only applies if the first state also has the same arrangement. It’s definitely a tit-for-tat situation. Only about 12 states waive these reciprocity agreements altogether and allow out-of-state attorneys to come in and practice law without regard to mutual agreements with other states. The remaining states require that outof-state lawyers pass their bar exam. Most of these remaining states, however, give outof-state lawyers an option of taking a slightly shorter attorney’s exam, which is basically the exam minus the multistate. Of course, deciding whether you want to take the full test or the attorney’s exam is an entirely different issue upon itself. So, as you can see, crossing state boundaries to practice law can be a complicated issue depending on what state you’re in and where you want to move to. You’ll need to do plenty of research and verification to find out about your specific situation. So don’t just rest with your J.D. Do what it takes to pass the bar in your state. Or another state. Any state. Get it on your resume. It’s that important. From there, you’ll be able to look into practicing in whatever state you choose. Or whatever jurisdiction, like the District of Columbia. But DC is a whole other situation which we’ll save for a rainy day.
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