Can an Attorney Practice Law in Two Different States Simultaneously?

Yes, an attorney can live in practically any state while limited to practicing law only in those states where they have passed the respective bar exams. This article explores the nuances of practicing law across different states and the legal landscape that permits or restricts such activities.

Practicing Law in Two Different States

State bar associations generally do not impose residency requirements on attorneys. They may, however, require that an attorney maintains a physical office in the state, although this requirement doesn't necessarily affect where the attorney lives. Therefore, it is entirely feasible for an attorney to live in one state and practice law in another where they have passed the bar exam.

Practical Examples and Reciprocity Agreements

For instance, I personally practiced law in a different state for over a decade. To do so, I had to become a member of the bar in the state I resided in. Most states, including mine, had reciprocity agreements with partner states, allowing an attorney to become a member of the bar in a new state upon a motion made by a resident attorney. Despite maintaining a virtual office, I did not take on clients from the new state; my practice was limited to my home state. Attorneys have a professional duty to remain competent in areas in which they work, and it would have been a disciplinary violation if I had represented clients in an unfamiliar legal jurisdiction.

Multiple State Licensing for Attorneys

There are numerous attorneys licensed in multiple states. To qualify for multiple state licenses, they must pass the bar exams for each state they wish to serve. These individuals are able to practice in several jurisdictions, contributing to a diverse clientele and expanding their professional network.

Practical Limitations and Challenges

From a practical standpoint, attorneys typically can't practice law in two different states simultaneously without significant legal hurdles. As a solo practitioner, managing the legal paperwork, research, and court appearances for multiple states would be overwhelming and time-consuming. Additionally, each state has its own legal statutes, court decisions, and professional rules, requiring a separate and detailed understanding for each jurisdiction.

Three-State Scenario: Special Cases

There are a few places in the U.S. where the borders of three states are very close. In these unique circumstances, it is not unheard of for a lawyer to be licensed in all three states. However, in such cases, it would be extremely unusual for the lawyer to practice in all three states simultaneously. Legal practice involves handling court work in person in most states, which would be impractical if the lawyer were to practice in multiple states.

Examples of Multiple-State Licensing

At two different firms, I worked for a lawyer who was licensed in three different states. However, neither of these firms was a solo practice, and I was the one who conducted the necessary research and drafting. The second firm primarily avoided court work, while the first firm's court work was handled by in-house local attorneys or "farmed out" to attorneys licensed in other states. The firm's owner maintained a three-state license, but typically practiced in only two states and only conducted physical court work in one.

Conclusion

While an attorney can live in any state and practice law in a specific state where they have passed the bar exam, the practical limitations make it unusual for an attorney to practice in multiple states simultaneously. Reciprocity agreements and professional rules allow for licensing in different states, but the administrative and logistical challenges make it difficult for solo practitioners.