Can Lawyers Practice in Different States: UBE and Pro Hac Vice

Yes, lawyers can practice in different states, but not automatically. A license from one state does not carry over to another on its own. To work in a second state, an attorney generally needs to be admitted there through a bar exam or a reciprocity process, get temporary permission for a specific case, or fit into one of a handful of carve-outs the profession has built for remote work, federal practice, in-house counsel, and a few other situations.

Why a License Is State by State

Every state and the District of Columbia runs its own bar admission system. To practice law in a given state, an attorney needs that state’s license, which typically requires passing its bar exam, holding a degree from an ABA-accredited law school, and clearing a character and fitness review.1American Bar Association. Bar Admissions Practicing law covers a lot of ground: appearing in court, drafting legal documents, and giving legal advice all count.

Doing any of those things in a state where you lack a license is the unauthorized practice of law. Consequences vary. In some jurisdictions it is a misdemeanor; in others it is a felony. Beyond criminal exposure, an unlicensed lawyer faces civil lawsuits from harmed clients and disciplinary action from their home state bar, up to and including disbarment. That is why lawyers who work across state lines plan the route carefully rather than assuming their license travels.

Getting Fully Admitted in a Second State

Two main paths lead to full admission in another state without starting from scratch.

Transferring a Uniform Bar Exam Score

The Uniform Bar Examination is a standardized test that produces a portable score. Pass it in one participating jurisdiction, and you can transfer that score to another participating jurisdiction without sitting for a second exam. As of 2025, 41 jurisdictions have adopted the UBE, including New York, Texas, Illinois, and Massachusetts.2National Conference of Bar Examiners. UBE Jurisdictions

Each jurisdiction sets its own minimum passing score. Those minimums currently range from 260 to 270 on a 400-point scale.3National Conference of Bar Examiners. UBE Bar Exam Score Range A 266 that earns admission in New York would fall short in Texas at 270. Each jurisdiction also sets a window during which a transferred score stays valid, so waiting too long can mean taking the exam again.

Several large states still run their own exams outside the UBE system, including California, Florida, Georgia, Virginia, and Louisiana.4National Conference of Bar Examiners. UBE States A lawyer who needs to practice in one of those has no shortcut through score transfer.

Admission on Motion

For experienced attorneys, many states offer admission on motion, sometimes called reciprocity. This lets a lawyer join a new state’s bar without taking its exam. Typical requirements include several years of active practice (some states require four of the last six years, others five of the last seven), a degree from an ABA-accredited law school, good standing in every jurisdiction where the lawyer holds a license, and a character and fitness review. Some states add a jurisdiction-specific ethics component.

Not every state offers this option. A handful of large states have historically refused admission on motion, effectively requiring their own bar exam no matter how experienced the applicant. Where it is available, the application involves gathering certificates of good standing from each state where the lawyer is admitted, submitting law school transcripts, and paying an application fee that often runs several hundred dollars or more.

Handling a Single Case With Pro Hac Vice

When a lawyer needs to handle one court case in a state where they lack a license, the standard tool is pro hac vice admission. The Latin phrase means “for this occasion,” and that is what it provides: permission to appear in a specific lawsuit, not a general license.

The out-of-state lawyer must be in good standing at home. Nearly every court requires them to partner with a local lawyer who is licensed in that state and serves as attorney of record.5American Bar Association. Model Rules of Professional Conduct Rule 5.5 The out-of-state lawyer files a formal motion with the court and pays a fee, often a few hundred dollars. Once the case concludes, the permission ends. Lawyers who rack up frequent pro hac vice appearances in the same state may find courts less willing to grant future requests, nudging them toward full admission.

Working Remotely From a State Where You Aren’t Licensed

Remote work has created a common question: if an attorney licensed in State A moves to State B but continues serving only State A clients, are they practicing law in State B?

The ABA addressed this in Formal Opinion 495, concluding that lawyers do not violate Model Rule 5.5 by remotely practicing the law of their licensed jurisdiction while physically sitting in a state where they are not admitted. The conditions: the lawyer cannot hold themselves out as licensed in the local state, cannot advertise a local office, and the local jurisdiction must not have specifically determined that such conduct is unauthorized practice. Several states have since adopted this position through ethics opinions or rule changes. Others have not addressed it at all.

A lawyer who relocates or works remotely from a new state should check that state’s current ethics guidance before assuming they are in the clear. Where there is any doubt, registering with the local bar or seeking full admission is the safer course.

Federal Practice Across State Lines

Some legal areas are governed entirely by federal law, and lawyers in those areas have wider geographic freedom. The U.S. Supreme Court held in Sperry v. Florida that states cannot prevent a person authorized by a federal agency from performing work within the scope of that federal authorization.6Justia US Supreme Court. Sperry v. Florida, 373 U.S. 379 (1963) A patent attorney registered with the U.S. Patent and Trademark Office can prosecute patents for clients nationwide, regardless of state bar membership. The same logic applies to immigration lawyers practicing before USCIS, tax attorneys working with the IRS, and lawyers handling matters before other federal agencies.

Federal court litigation is different. Each federal district court sets its own admission rules, and many require membership in the bar of the state where the court sits. Pro hac vice is available in federal courts just as it is in state courts. Lawyers with a purely federal agency practice have the most geographic flexibility.

In-House Counsel

Attorneys who work in-house for a company occupy a special category. ABA Model Rule 5.5(d) creates a safe harbor allowing a lawyer admitted in one state to provide legal services to their employer from an office in another state, so long as they do not appear in court without pro hac vice admission.5American Bar Association. Model Rules of Professional Conduct Rule 5.5

The wrinkle is registration. A growing number of states require in-house counsel who are not locally licensed to register with the state bar, with annual fees and CLE obligations attached. An in-house lawyer who ignores a registration requirement can technically be engaging in unauthorized practice, even though the underlying work is permitted.

Arbitration and Mediation

ABA Model Rule 5.5(c)(3) permits a lawyer to provide legal services on a temporary basis in a state where they are not admitted when those services involve arbitration, mediation, or another alternative dispute resolution proceeding reasonably related to the lawyer’s home-state practice.5American Bar Association. Model Rules of Professional Conduct Rule 5.5 Because ADR proceedings are private rather than conducted before a state court, the rules are more flexible than for litigation. A lawyer representing a client in a commercial arbitration in another state generally does not need pro hac vice admission or separate bar membership, as long as the matter connects to their existing practice.

Military Spouses

Military families move frequently, and lawyer spouses historically faced the choice of taking a new bar exam at every duty station or stepping away from their careers. The Servicemembers Civil Relief Act contains a license portability provision allowing servicemembers and their spouses to use professional licenses in new states when relocating under military orders. As of December 2024, law licenses are included in the portability provision, removing a previous carve-out that had excluded attorneys.7United States Department of Justice. 2025 Update: Portability of Professional Licenses A military spouse who is a licensed attorney can now practice in their new state without taking its bar exam, provided they meet the SCRA’s other requirements.

Trouble in One State Follows You to Every Other

Holding licenses in multiple states does not spread risk; it multiplies it. Under the ABA’s Model Rules for Lawyer Disciplinary Enforcement, when an attorney is disciplined in one state, every other state where they are admitted can impose identical discipline through a streamlined reciprocal process.8American Bar Association. Model Rules for Lawyer Disciplinary Enforcement Rule 22 A suspension in one state is very likely to become a suspension in all of them. That is the trade-off for the flexibility multi-state admission provides.