Question: Does every state have a bar exam requirement? How do they differ?
Answer:
Overview
Every state has its own requirements to become a licensed, practicing lawyer in its jurisdictional courts. These requirements may vary somewhat between states and may impact your legal education choices, so it's essential that you understand what the requirements are for each state you plan to practice in as an attorney before you go to law school.
Common Requirements
Most states will require three things from each applicant:
- A formal application document
- A successful bar exam (including in most instances the Multistate Professional Responsibility Examination) and
- Payment of a licensing fee.
In addition, in order to become eligible to sit for the bar examination in most states, a candidate must have graduated from an ABA-approved law school. (There are exceptions and workarounds for foreign students.)
Reading the Law
However in some states, a process known as "reading the law" is permissible. In this process, a student would forgo law school and study independently under a judge or a practicing attorney for some proscribed length of time.
The states that allow this avenue to bar admission are: California, Vermont, Virginia, and Washington. Additionally, New York allows for a modified "reading the law" process for students who have completed at least one year of formal law school education.
Exceptions to the Rule(s)
For almost every rule applicable to a state's bar admission procedures, there are exceptions. For example, an attorney who is not licensed in a state may be admitted pro hac vice for the limited purposes of representing clients in a single matter; in such instances, the out-of-state attorney must usually seek permission of the court hearing the case and must associate with local counsel as well.
Military lawyers who are engaged in full time active duty on behalf of their division of the Armed Services may practice in a state in which they are stationed, assuming the state's requirements for such lawyers are met. Law professors are usually granted some sort of limited, restricted, or special licensure status if teaching in the state.
Bar Associations Distinguished
In some states, the state bar association acts as the licensure and practice regulation entity. In these states, membership in the association is therefore mandatory. In other states, however, the state bar is not the same as the bar association, which is a voluntary professional organization. Understanding the difference in the state in which you intend to practice is crucial.
More Law School Q&A