Minnesota State Bar Association

E-Poll

Multistate Licensing of Lawyers
Survey Results*

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63% Agree
37% Disagree
1. Attorney licensing rules that vary state by state should be discarded in favor of a national licensing system.

Comments:

Given the national nature of our economy, lawyers routinely are required to cross state borders and handle matters in other states. Regulations of lawyers is far behind the times on this.

If you have been practicing five years, have passed the background check, and waited the four to six months to process the paperwork to gain reciprocity admission to another state, you should then be admitted into any other state by simply filling out a one-page form paying a small fee to that state and getting approved for admission in two weeks or less. This would eliminate much of the unfairness in the current system while still working within the existing framework. Is there any other occupation in which you are effectively barred from promptly obtaining employment in another state?

25% Agree
75% Disagree
2. Multistate licensing of lawyers would put those licensed in only one state at a competitive disadvantage.

69% Agree
25% Disagree
6% No Response 3. Licensing lawyers to practice in multiple jurisdictions would decrease the cost of complex interstate litigation.

50% Agree
50% Disagree
4. Increasing numbers of attorneys practicing outside their home jurisdiction would compound problems of legal malpractice.

Comments:

If the barriers to a national practice are not reduced, licensing will become irrelevant. As one who is charged with enforcing laws against unauthorized practice I would hesitate to prosecute an attorney from another state not licensed here.

75% Agree
25% Disagree
5. Minnesota should work with neighboring states to establish a single process for admission to practice law in all participating states.

Comments:

A national licensing system would be an admirable goal, but is unlikely to be achieved soon. On the other hand, a regional process (i.e., Minnesota, the Dakotas and Wisconsin) might be beneficial and is more attainable in the near future.

Multi-licensed attorneys should be given reciprocity for <H>cle<P> compliance in primary state of practice regardless of petty <H>cle<P> requirement differences.

38% Agree
56% Disagree
6% No Response 6. A single licensing procedure for multiple jurisdictions should not be established unless court rules for those jurisdictions are first made uniform.

31% Agree
56% Disagree
13% No Response 7. Multistate licensing of lawyers would give small, local firms a means to compete with large, national firms.

19% Agree
81% Disagree
12% No Response
8. A national system of attorney licensing would be an affront to the federal structure of our government.

37% Agree
63% Disagree
9. Multistate licensing of lawyers would promote greater unity within the legal profession nationwide.

56% Agree
44% Disagree

10.A national system of attorney licensing would be a "breath of fresh air" for certain parochial jurisdictions.

Comments:

It is time to end 19th Century parochialism. The interest will force this change. Why not act first?

This poll appeared in the September 2000 print and online versions of Bench & Bar.

	63% Agree 37% Disagree	1. Attorney licensing rules that vary state by state should be discarded in favor of a national licensing system. Comments: Given the national nature of our economy, lawyers routinely are required to cross state borders and handle matters in other states. Regulations of lawyers is far behind the times on this. If you have been practicing five years, have passed the background check, and waited the four to six months to process the paperwork to gain reciprocity admission to another state, you should then be admitted into any other state by simply filling out a one-page form paying a small fee to that state and getting approved for admission in two weeks or less. This would eliminate much of the unfairness in the current system while still working within the existing framework. Is there any other occupation in which you are effectively barred from promptly obtaining employment in another state?

	25% Agree 75% Disagree	2. Multistate licensing of lawyers would put those licensed in only one state at a competitive disadvantage.

	69% Agree 25% Disagree 6% No Response	3. Licensing lawyers to practice in multiple jurisdictions would decrease the cost of complex interstate litigation.

	50% Agree 50% Disagree	4. Increasing numbers of attorneys practicing outside their home jurisdiction would compound problems of legal malpractice. Comments: If the barriers to a national practice are not reduced, licensing will become irrelevant. As one who is charged with enforcing laws against unauthorized practice I would hesitate to prosecute an attorney from another state not licensed here.

	75% Agree 25% Disagree	5. Minnesota should work with neighboring states to establish a single process for admission to practice law in all participating states. Comments: A national licensing system would be an admirable goal, but is unlikely to be achieved soon. On the other hand, a regional process (i.e., Minnesota, the Dakotas and Wisconsin) might be beneficial and is more attainable in the near future. Multi-licensed attorneys should be given reciprocity for <H>cle<P> compliance in primary state of practice regardless of petty <H>cle<P> requirement differences.

	38% Agree 56% Disagree 6% No Response	6. A single licensing procedure for multiple jurisdictions should not be established unless court rules for those jurisdictions are first made uniform.

	31% Agree 56% Disagree 13% No Response	7. Multistate licensing of lawyers would give small, local firms a means to compete with large, national firms.

	19% Agree 81% Disagree 12% No Response	8. A national system of attorney licensing would be an affront to the federal structure of our government.

	37% Agree 63% Disagree	9. Multistate licensing of lawyers would promote greater unity within the legal profession nationwide.

	56% Agree 44% Disagree	10.A national system of attorney licensing would be a "breath of fresh air" for certain parochial jurisdictions. Comments: It is time to end 19th Century parochialism. The interest will force this change. Why not act first?