Reciprocity Order
effective January
1, 2003.
In order to determine which United
States jurisdiction has comity for bar admission purposes with the State of
Georgia, you should view the Admission on Motion chart, under the National
Conference of Bar examiners' website at:
http://www.ncbex.org/pubs/pdf/2003CompGuide.pdf (proceed
to Page 34 of the document)
Please Note: Adobe
Acrobat Reader is necessary to read the following documents. You may download
Adobe Acrobat Reader
here if
necessary. Thank you. |
You must also contact that
jurisdiction for a final determination of eligibility.
|
| Click here to obtain a
printable Adobe formated copy of the Petition for Admission on Motion Without
Examination. |
NOTE: ThePetition for Admission on Motion without Examination
and the Application for Certification of Fitness to Practice Law
must be filed simultaneously.
Admission on Motion without Examination
Section 1. General
The Board of Bar Examiners may admit on motion without examination any
attorney licensed in a United States jurisdiction other than Georgia if that
attorney satisfies the criteria set out in Section 2 of this Part. The attorney
must also be certified for fitness, pursuant to Part A of these Rules, before
petitioning the Board of Bar Examiners to be admitted on motion without
examination.
Section 2. Eligibility
In order to petition the Board of Bar Examiners to be admitted without
examination, an attorney licensed in a state other than Georgia must meet the
following eligibility criteria. The attorney:
- Must meet the educational eligibility requirements established in
Part B, Section 4 of these Rules, including holding a first professional degree
in law (JD or LL.B) from a law school approved by the American Bar Association
at the time the graduate matriculated;
- Has been admitted by examination to membership in the bar of the
highest court of another United States jurisdiction which has comity for bar
admissions purposes with the State of Georgia;
- Has never been denied certification of fitness to practice law in
Georgia or any other state;
- Has never taken and failed the Georgia Bar Examination;
- Has been primarily engaged in the active practice of law for five of
the seven years immediately preceding the date upon which the application is
filed;
- Has at all times been in good professional standing in every
jurisdiction in which the applicant has been licensed to practice law;
- Has never been the subject of private or public professional
discipline of any nature, including formal letters of admonition, in any United
States jurisdiction; and
- Has received Certification of Fitness to Practice Law in Georgia from
the Board to Determine Fitness of Bar Applicants.
Section 3. Definition of Practice of Law
-
For the purposes of this Rule, the active practice of
law shall include the following activities, if performed in a
jurisdiction in which the applicant is admitted, or if performed in a
jurisdiction that affirmatively permits such activity by a lawyer not admitted
to practice:
- representation of one or more clients in the practice of
law;
- service as a lawyer with a local, state or federal agency,
including military service;
- teaching law at a law school approved by the American Bar
Association;
- service as a judge in a federal, state or local court of
record;
- service as a judicial law clerk; or
- service as corporate counsel.
- For purposes of this Rule, the active practice of law
shall not include work that, as undertaken, constituted the unauthorized
practice of law in the jurisdiction in which it was performed or in the
jurisdiction in which the clients receiving the unauthorized services were
located.
Section 4. Fees and Filing Instructions
- Applications for Certification of Fitness to Practice Law for
admission pursuant to this Rule shall be made in accordance with the
requirements established in Part A of these Rules and shall be accompanied by a
non-refundable fee of $800.
- Once certified for fitness, the applicant must file a petition with
the Board of Bar Examiners requesting admission on motion without examination.
The petition from the applicant must contain a statement that the applicant
intends to engage in the practice of law in Georgia and must be accompanied by
a non-refundable fee of $500. Such petition will be approved if the applicant
documents to the satisfaction of the Board compliance with Section 2 of this
Part and satisfies the Board that the jurisdiction in which the applicant has
been admitted and practiced will admit Georgia lawyers without
examination.
- Once the Board of Bar Examiners has approved the petition, the
applicant shall be issued a Certification of Eligibility for Admission to the
Practice of Law. The applicant shall follow the procedures specified in Part B,
Sections 14, 15, 16 and 17 of these Rules in order to be sworn in by a judge of
the Superior Court.