Nat’l Ass’n for the Advancement of Multijurisdictional Practice v. Castille

Bar Admission Rule 204 allows an attorney to join the Pennsylvania bar by motion, without taking the state bar exam, if the attorney has graduated from an accredited law school, has either passed the bar exam or practiced law for the “major portion” of five of the preceding seven years in a reciprocal state, remains a member in good standing of every bar to which the attorney has been admitted, obtains a favorable moral character determination in Pennsylvania, achieves a sufficient score on the Multistate Professional Responsibility Exam, and has not previously failed the Pennsylvania bar exam. Pennsylvania allows attorneys admitted in any state to apply for pro hac vice admission, limited to a particular case; 38 states and the District of Columbia have reciprocity agreements with Pennsylvania. An organization dedicated to extending reciprocal bar admission to additional states argued that Rule 204 violates the Equal Protection and Privileges or Immunities Clauses, the First Amendment, the Privileges and Immunities Clause of Article IV, and the Dormant Commerce Clause. The district court and Third Circuit upheld the rule, which does not classify attorneys based on residency, but rather, their state of bar admission, and it does not erect a barrier to migration. View "Nat'l Ass'n for the Advancement of Multijurisdictional Practice v. Castille" on Justia Law