Bar Admission and Regulation

Introduction

Bar admission is the process by which individuals become licensed to practice law in a particular jurisdiction. In the United States, the regulation of the legal profession is primarily a matter of state law. Each state has its own bar admission requirements, which typically include graduation from an accredited law school, passage of the bar examination, and satisfaction of character and fitness requirements.

Bar Examination

The bar examination is the central requirement for admission to the bar. A majority of states administer the Uniform Bar Examination (UBE) , which consists of the Multistate Bar Examination (MBE), the Multistate Essay Examination (MEE), and the Multistate Performance Test (MPT). UBE scores are portable among participating jurisdictions, allowing lawyers to practice in multiple states.

States that do not use the UBE administer their own examinations. The bar examination tests knowledge of general legal principles in subjects including constitutional law, contracts, criminal law, evidence, property, and torts.

Character and Fitness

In addition to passing the bar examination, applicants must demonstrate that they possess the character and fitness to practice law. The character and fitness investigation examines the applicant’s honesty, integrity, and trustworthiness. Applicants must disclose criminal history, academic misconduct, financial responsibility, and other matters bearing on their fitness to practice.

The character and fitness inquiry serves to protect the public and maintain the integrity of the legal profession. State bar authorities conduct investigations and may deny admission to applicants who demonstrate a lack of honesty or trustworthiness.

Reciprocity and Multijurisdictional Practice

Reciprocity allows lawyers admitted in one state to be admitted in another state without taking the bar examination. Many states have reciprocal admission agreements, typically requiring a specified number of years of practice in the home state.

Multijurisdictional practice refers to the ability of lawyers to provide legal services in jurisdictions where they are not admitted. The ABA Model Rules on Multijurisdictional Practice permit temporary practice, pro hac vice admission, and certain other categories of cross-border practice without full admission.

Conclusion

Bar admission is a state-regulated process that includes graduation from law school, passage of the bar examination, and satisfaction of character and fitness requirements. The UBE has facilitated multistate mobility, while reciprocity and multijurisdictional practice rules enable lawyers to serve clients across state lines. The regulation of the legal profession continues to evolve in response to changes in legal practice and technology.