Meeting the Degree Requirement
Rule 204(1) requires applicants to have earned a Juris Doctor
(or Bachelor of Laws, LL.B.) degree from a law school accredited by
the American Bar Association.
(See definition section for “accredited.”)
The school must have been accredited at the time the applicant matriculated or
graduated. A degree earned from a law school that gained
accreditation after the applicant’s graduation will not meet the requirements of
Rule 204.
Meeting the Practice Time Requirement
Rule 204(4) requires an applicant to prove that he/she has
“for a period of five years of the last seven years
immediately preceding the date of filing of the application …
devoted a major portion of time and energy to the practice of law in one or more states.”
The Board will not count any work towards the practice requirement
that is before the date of the applicant’s admission to the bar.
The Board interprets the phrase "devoted a major portion of time
and energy to the practice of law" to mean that the applicant
spent more than 50 percent of his/her time engaged
in the practice of law. An applicant must demonstrate at least five years’
worth of work in which he/she devoted more than 20 hours of
work per week to the practice of law.
The Definition of the Practice of Law
Rule 204 defines the “practice of law.” It provides seven itemized activities
that qualify for the rule. Before beginning an application, candidates
should review the list of activities, which is exclusive. Positions
within companies in which the applicant is not corporate counsel will not count.
Service as a judicial law clerk before admission to the bar will not count.
Adjunct teaching positions will not count. Service as a judge in a local court
will only count if judges of that court are required to be licensed to practice law.
Work as a temporary employee where the applicant does not represent one or more
clients will not meet the rule. For this reason, contract work generally will
not meet the requirements of the rule.
Counting Time
The Board will calculate an applicant’s practice time by weeks.
The Board will count every week in which an applicant practiced law more than 20 hours.
The Board does not deduct from the counted practice time vacations and leave time
earned and taken in accordance with an employer’s standard policy, so long as
the applicant returned to the position after the vacation or leave. However, the
Board will not count time in between positions of employment, when the applicant is
not practicing.
For example:
Applicants should understand that, because the calculation is made with a focus on
weeks in which the applicant practiced, the Board will not count time, other than leave
time, in which the applicant was not practicing. Thus, if a hypothetical applicant worked
80 hours a week for 13 weeks (1040 hours), she would get credit for 13 weeks. On the other hand, if that hypothetical applicant worked 1,040 hours in a year by working 21 hours in each of 52 weeks, she would get credit for 52 weeks.
Rule 204 (4) also requires that the applicant’s practice of law be “in one or more states.”
Thus, work outside of the United States will not count toward the rule.
Authorized Practice
Legal work will not count towards the practice requirement of
Rule 204 if the applicant was
not licensed in the jurisdiction in which the work was performed or is not able to show that
he/she was specifically authorized to perform such work.
This includes advice to clients on federal law. Applicants
must provide the statute, regulation, case law or other legal authority that specifically
authorized them to practice law in any jurisdiction in which they are not admitted.
Practice in Pennsylvania by an attorney licensed in another jurisdiction, even if authorized,
will not count towards the practice requirement of
Rule 204
unless the applicant has taken
and passed the bar examination in a reciprocal state. An applicant who has been admitted
on motion in a reciprocal state may only count the practice hours accumulated in that state
or another reciprocal state.
For example:
An applicant takes the CA bar exam
(non-reciprocal jurisdiction), and becomes admitted in
the District of Columbia (reciprocal) by motion. Subsequently, applicant comes to
Pennsylvania and works for a federal agency (authorized work) for five years.
Under Rule 204, the applicant will not be able to count the time working in Pennsylvania,
even though it was authorized.