Bar Admission
Ariz. Lawyers Can Practice Across State Lines With Rule Change
Posted Sep 19, 2008 6:52 AM CST
By Debra Cassens Weiss
A Phoenix lawyer has succeeded in his quest to get the Arizona Supreme Court to change a rule that had barred out-of-state lawyers from practicing in the state unless they take the state bar exam.
The rule change (PDF) allows lawyers from other states to practice in Arizona if their states have reciprocity and they take a course in Arizona law, the Associated Press reports. The State Bar of Arizona had opposed the proposal, saying it would make the state a target for expansion by out-of-state firms and allow lawyers into the state who have a tenuous commitment to Arizona law.
The lawyer who sought the change, Timothy Burr, told the Arizona Republic that the rule change will also help Arizona lawyers practice in the 40-some states that have reciprocity rights. "We didn't do this because we want more lawyers here," Burr said. "We cared about the reciprocity, and the only way to do that was to let others come in."
Burr, a real estate lawyer, told ABAJournal.com in an e-mail that the new rule takes effect on Jan. 1, 2010. It will help Arizona lawyers “represent their existing clients and solicit new clients in larger legal markets, and benefit from the ability to practice across state lines.”
Updated at 12:50 p.m. to state the date for implementation is Jan.1, 2010.
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Comments
Natalie
Sep 19, 2008 1:18 PM CST
I am in agreement with the Supreme Court’s decision.
Many of the laws accross states are common sense and if you know the laws of one state in relation to a subject matter you can pretty much guarantee that you know that of the others (with a few differences). Also, if my experience is anything to go by, law school does a good job in highlighting important differences in substantive laws, procedural rules, and interpretive rulings that may exist between States in relation to most legal subjects. Thus lawyers generally know that there will be some differences in the law from one state to another and that they therefore familiarize themselves with each, casting aside presuppositions.
Granted there are aspects of the non-reciprocity rule which serves to guard Arizona citizens against mal-practice. However, surely a course in Arizona law should serve to minimize that risk. Also, there are other means of ensuring that attorneys new to the state learn the nuances of its laws. Requiring a period of apprenticeship in the subject area in which the lawyer is interested (a few hours a week for a couple of months) would further minimize malpractice risks. State boards can also check the lawyer’s practice record and record with the bar of the states in which he/she had previously practiced.
Lawyers need the freedom of greater mobility fo their work-lives as well as their personal-lives. Reciprocity grants that freedom while protecting citizens from mal-practice.
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