I am a second-year associate and was laid off from my job in March 2009. Since then, I have focused my time on finding a new job. I am completely open in terms of geography and have applied to a number of jobs in different states. I finally secured an interview with an out-of-state firm, and while I am excited at the opportunity, I am not sure how to address the fact that I am not yet barred in the state. What do you recommend?
Answer: In this troubling economy, where jobs are scarce, this is becoming a common concern among candidates. I applaud you for putting your career first and keeping an open mind with regard to opportunities outside of your state. Even so, many firms are hesitant to interview a candidate with little-to-no connection to their state for fear that the candidate is not serious about making a move to an unfamiliar place. One way to create a connection between you and the state in which the targeted firm exists is to become a member of that state's bar. Often times, though, it is not possible (or practical) to seek admission to every state's bar in which you have applied for a job.
If you are targeting your search in one state, then it may make sense for you to take that bar exam even if you have not secured an interview at any of the firms to which you have applied. But, if your job search covers a broad geographic location, then when asked about your bar status in a particular state, I recommend that you be honest and straight forward. Explain that while you wish you could focus your job search exclusively in this geographic location, given the economy and your need to secure employment, you do not have this luxury. Follow that up with an explanation of your connection to and interest in the specific state and offer to take the next offered bar exam. Finally, you should make every effort to explain that if you move to the city, you plan to remain there permanently.
Because you are a junior associate, you cannot waive into another jurisdiction's bar. However, for more senior associates who interview with out-of-state firms, it is absolutely imperative that you research the rules of reciprocity between your current state and the target state's bar. Many states permit attorneys to waive into another state's bar if that attorney has met certain criteria (such as practicing for 5 years in a certain jurisdiction). It is absolutely imperative that you know these facts and be able to explain them in an interview. Trust me, there is nothing worse than a candidate who shows up for an interview without knowing whether he/she is eligible to waive into the specific state's bar. Moreover, it is even more convincing if you can walk into an interview and truthfully explain that you have already begun the process of seeking admission to the bar (there is usually a large amount of paperwork involved, and it can take a few months to secure admission, so the sooner you begin the process, the better). This can be expensive to do, but it certainly sends the message to a firm that you are serious about making a move into that jurisdiction.
The reality is that many firms are going to prefer candidates already admitted to the relevant state bar, and there is little that an out-of-state candidate can do to change this. But, if a firm has granted you an interview despite your lack of bar admission, then it is your job to convince the attorneys interviewing you that you are going to be admitted as soon as possible, either through waiving in or taking the next bar exam.
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