Isolated on the Island of Florida
Gregory W. Coleman
Tear down the anti-reciprocity wall that keeps Florida lawyers from practicing in other states without taking that state’s bar exam — and vice versa.
Or, leave that wall standing and isolate ourselves on the island of Florida that keeps our lawyers from going elsewhere to practice.
When I travel the state, that’s a hot topic among our members. Personally, I’m not ready to commit to my view because it’s too complicated for a “yes” or “no” response.
But Bar leaders are having this conversation, and in order to properly assess the pulse of our members, Florida lawyers need to be educated on the issues and talk to their Board of Governors members about their feelings.
In late 2014, when The Florida Bar conducted a Vision 2016 commission survey of 1,148 Florida Bar members in the areas of bar admissions and legal education, we learned that 77 percent of respondents favor, and 11 percent oppose, a rule change that would allow them to become a member of another state bar without taking the bar exam (but meeting other requirements) in that state.
But that 7-to-1 ratio dropped to a 2-to-1 ratio when the question was flipped: “Do you favor or oppose allowing a member from another state bar to become a member of The Florida Bar without taking the bar examination (but meeting other requirements). Sixty-one percent favored, while 30 percent opposed. While many don’t want more lawyers practicing in Florida, we want to be able to go elsewhere and practice.
“Bar exams pose a significant barrier to entry, which prevents attorneys from migrating to states where there is a demand, or away from states with an excess of attorneys,” one Florida lawyer in favor wrote in the survey.
Taking the polar position, another survey respondent wrote: “Every retiring lawyer from up North will come down and practice in their retirement years. We’ll be flooded.”
It’s an intriguing dichotomy with no easy answers, but we need to look at the trends and at least agree to think about it.
Do you favor or oppose allowing some form of admission by motion in Florida? Almost two-thirds (64 percent) of all survey respondents report they are in favor of allowing some form of admission by motion in Florida, compared to 21 percent who are opposed.
Reciprocity has two components. “Admission on motion” permits lawyers to be admitted to a foreign state without taking that state’s bar exam. If the foreign state requires your state to have admission on motion, that is known as reciprocity. Currently, there are about 40 states that adopt admission on motion, and of that 40, about 75 percent require reciprocity.
Currently, 15 states have a Uniform Bar Exam, prepared and coordinated by the National Conference of Bar Examiners, so you only need to pass the character and fitness test, and you are admitted to practice law in 15 states.
If New York goes to the Uniform Bar Exam, the whole Northeast may fall that way. If that happens, we may be looking at a situation in which Florida is in a minority of states who don’t participate.
Once we start to shift in this direction, it will be impossible to stop the sea change.
As the legal profession moves to a new economy, territorial restrictions are not as important as they used to be, and more and more lawyers practice across state lines.
Let’s talk to each other about this trend that is at the front and center of our profession and be prepared to decide what Florida should do.
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