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.
