Would you like to practice in South Dakota? How about Nebraska?
Chances are the vast majority of lawyers in Florida would answer the questions by saying “no.”
The Florida Bar Board of Governors heard a preliminary report regarding reciprocity at its July 24 board meeting.
The Vision 2016 Bar Admissions Subgroup presented that report with recommendations and a summary of the review undertaken by the committee over the past two years.
One of the issues being studied is admission by motion/reciprocity. No action was taken by the board on this report or any Bar admissions issues and no action is scheduled to be taken.
Nonetheless, it was clear this topic struck a nerve with some lawyers as many letters and articles were written about the argument over reciprocity.
Do you want reciprocity? Here are some of the pros and cons.
Pro: It would be better for the public to have more qualified lawyers available.
Con: We already have more than 100,000 lawyers and are oversaturated.
Pro: I would like to be able to practice in my home state of (insert state) or in states my current clients want me to help them in.
Con: I don’t want lawyers from “up north” coming down here to retire and take my business or work here seasonally.
Pro: Lawyers who practice in specialty areas can transfer those skills across state lines.
Con: Lawyers who do not take our Bar exam and regularly practice here will not understand law unique to Florida, which will harm the public.
Pro: I could get more business by helping people in other states.
Con: I will lose business to bigger firms from other states that have more marketing dollars and pursue an office in Florida.
Pro: Reciprocity rules serve no public policy purpose and do not protect the client/public. Lawyers are just protecting their own economic interests.
Con: The public policy is to protect Florida’s consumers. Lawyers living in Idaho and Wisconsin do not have any tie to the public in Florida, which will cause them to be more likely to leave a client high and dry.
Pro: Other states that allow reciprocity have not had increases in discipline cases.
Con: Florida already spends more money than every other state in the area of prosecuting unlicensed practice of law. The Bar cannot start policing lawyers across the country at that volume.
Members of the American Bar Association are generally supportive of reciprocity. ABA lawyers have pointed out that some states, like California, provide reciprocal licensing for other learned professionals, based on another state’s license.
These professions include, among others, CPAs, engineers, psychologists, geologists, licensed nurses, chiropractors, board-certified doctors and doctors with four years’ experience.
The California Legislature once passed Senate Bill 1782 endorsing reciprocity and requesting the California Supreme Court to appoint a task force to make recommendations regarding reciprocity. Presently, there is no reciprocity in California.
However, California will permit lawyers who have been engaged in the active practice of law for at least four years immediately preceding the application for admission to take a modified Bar exam consisting of only the California essay portion of the general Bar exam.
There are several forms of reciprocity. Florida could open its doors to any state that gives it reciprocity. Or Florida could say it will only offer reciprocity with Georgia.
Florida could say it wants to switch to the Uniform Bar Exam and only allow reciprocity with those who take the UBE in another state and earn a certain score.
And, certainly, Florida could stake its claim as the most desirable state to live and practice law in the United States and continue with its wall to outside lawyers. Only seven bright legal minds in Tallahassee hold the ultimate answer to the question.
No matter what the result, the issue is being discussed by the Vision 2016 Subgroup and its final report will be released in the future.
While no Florida Bar Board of Governors vote is currently contemplated and The Jacksonville Bar Association does not have a current position on this issue, it is important that you provide your thoughts so the best decision can be made on this matter.
If you have an opinion on this issue, please send an email to [email protected].