State Bar of Wisconsin

Supreme Court agrees with BBE petition – reciprocity not always equal – new rule for lawyers not licensed to practice in Wisconsin coming soon

On Nov. 18, the Wisconsin Supreme Court adopted Board of Bar Examiners petition 08-07, which amends Supreme Court Rule (SCR) 40.05, relating to admitting lawyers upon proof of practice. The court expects the rule to be effective on Jan. 1, 2009 when SCR 20:5.5, pertaining to the occasional practice of law in Wisconsin by lawyers who are not licensed to practice here but are licensed in another state becomes effective.

Under the current rule, Wisconsin welcomes lawyers from 20 states and the District of Columbia upon proof that they have practiced elsewhere. However, a lawyer from another state who seeks admission to the State Bar of Wisconsin must pass the Wisconsin bar exam if his state does not offer proof of practice elsewhere to Wisconsin lawyers, including diploma privilege admittees.

“We believe that making more qualified lawyers in the United States eligible for admission in Wisconsin is better for the consumers of legal services in Wisconsin,” James L. Huston, vice chair Board of Bar Examiners told the court. “The more lawyers that are here, the more choices there are for people who need legal services. We ask that you eliminate reciprocity such that lawyers from California and Florida and New York will now be eligible for admission here. They are not now as their states do not admit Wisconsin lawyers on motion.”

In a friendly amendment to the petition, at the request of the petitioner, the court kept language requiring out of state lawyers to practice for three years instead of the proposed five years before being admitted without examination.

The State Bar supported the petition.