In my 20 years as an Arizona attorney, I have interacted with clients and prospective clients who originally hailed from various other parts of the U.S. as well as the Grand Canyon State. Some are surprised to learn that they need an attorney licensed to practice in Arizona even though the already have a well-established attorney in another state; others are surprised to discover that even though they are Arizona residents, their case’s particular circumstances require the services of a lawyer licensed in another state. These issues are understandably confusing, so this post will provide a brief primer of how state licensing works, what kinds of exceptions may or may not apply, and how state licensing laws affect your choice of attorney.
Attorneys are licensed by state. This means that if you want to practice in Arizona, for example, you must pass the Arizona State Bar Exam. You must also pass an ethical evaluation called the MPRE (Multi-state Professional Responsibility Exam) within 3 years of passing the state bar. Out-of-state attorneys who have passed a standardized, multi-state exam called the UBE (Uniform Bar Exam) with an adequate score, and who hold a law degree from an accredited school, may sometimes transfer those qualifications to qualify for a license in another state. However, that will depend on the specific state.
Some states allow for reciprocal licensing, in which their own attorneys may practice law in other states who also have this policy without taking a whole new bar exam. Currently, Arizona allows a licensed attorney from another state to be admitted to practice law in Arizona by pursuing an Admission by Motion. Experienced and qualified attorneys who want to add Arizona to their list of licenses must follow this procedure to be evaluated on an individual basis. This serves as important protection for state residents by helping to ensure that their legal representation is knowledgeable and up-to-date on their state’s laws and procedures.
Even if your out-of-state attorney is licensed to practice law in Arizona, this professional may not be able to help you with your case. If the events or key players in the case are based in another state, that’s usually where the case must be heard unless the court allows you to make other arrangements. If this involves a written contract, the contract will typically state which jurisdiction’s law will apply as well as the venue in which the case will be heard. For example, I often see Arizona residents who sign contracts that specify another law is to be utilized or location, sometimes across the county, where the case must be adjudicated. In those instances, I often recommend locating an attorney who is both licensed to practice law and also has offices conveniently located in the state where the matter is to be heard.
If your lawyer is licensed in the state where jurisdiction and venue are based in the contract, then might be feasible for him/her to address your legal issue. Otherwise, it’s probably time to engage an attorney in that state. However, even if licensed in a state, an attorney may recommend that you find local counsel to assist in the situation. For instance, I am licensed to practice law in both Arizona and Utah – but that doesn’t necessarily mean that it would be logistically feasible to serve as attorney of record on every Utah case that comes my way. In those circumstances, I sometimes recommend local counsel in the area where the dispute will be heard.
Sometimes more than one attorney, in more than state, are required. As one example, probate cases are generally heard in the native jurisdiction of the deceased. But if the deceased owned tangle properties (such as summer homes) in another states, the executor or primary beneficiaries might also need to deal with an ancillary probate court in that state. Fortunately, this may mean simply singing and filing the necessary documents with that court rather than actually traveling to that state for additional court proceedings.
There are also many ways you can streamline your estate plan to help reduce the stresses and strains of multi-state legal situations for your surviving loved ones. If you have assets in another state that might necessitate an ancillary probate hearing, for instance, I may recommend that you place those assets into a Living Trust, eliminating the need for ancillary probate. This is one good reason (among many) to schedule a review with a knowledgeable firm so an attorney, such as myself, so you can stay on top of any changes that may push your estate beyond Arizona’s boundaries.
© 2018 Matthew W. Harrison and Harrison Law, PLLC All Rights Reserved
This website and article have been prepared by Harrison Law, PLLC for informational purposes only and does not, and is not intended to, constitute legal or financial advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.
