Tennessee group says universal bar exam would make it easier for attorneys to practice elsewhere

A legal group is asking the Tennessee Supreme Court to adopt a bar exam that would make it easier for attorneys to practice in other states.

The Tennessee Board of Law Examiners says using the Uniform Bar Examination would allow attorneys to transfer their scores to the 28 states that use it, including South Carolina, Alabama, Missouri and West Virginia.

Under current rules, a Tennessee lawyer who wants to practice elsewhere often has to retake that state's bar exam or have a certain number of years of experience.

"Lawyers are more mobile than they once were," said Jeffrey Ward, president of the Tennessee Board of Law Examiners, which petitioned the state Supreme Court to use the new test. "Multi-jurisdictional, or cross-border, practice is more common, particularly in Tennessee, where we border more states than any other state in the Union."

Ward said his organization is pushing for the new test because more attorneys are asking to be admitted in Tennessee without taking another exam. To do that in Tennessee, a lawyer must be in good standing with at least one other jurisdiction and have five to seven years of experience.

Critics say the Uniform Bar Examination doesn't emphasize the local laws and procedures that differ from state to state, such as real estate, wills, trusts and estates.

But to address that concern, the Tennessee board suggested making lawyers take a mandatory, post-admission local law course.

The Tennessee proposal is open for public comment until Jan. 5. The state supreme court will review those comments before making a final decision.

Contact staff writer Zack Peterson at zpeterson@timesfreepress.com or 423-757-6347. Follow him on Twitter @zackpeterson918.

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