Step 1: Identify the Core Problem (Before You Do Anything Else)
The first mistake people make when looking for a lawyer is jumping into the search process without fully understanding why they need a lawyer in two states. This step is critical because your legal needs will drive every decision you make after this.
Let’s take a second and get crystal clear on why you might need a lawyer licensed in two states. Here’s the truth: not all legal problems require this. If you’re just trying to set up a will or a simple contract, you probably don’t need an attorney who practices in multiple states. But if your situation involves cross-state business operations, real estate transactions, family law, or estate planning with assets in different jurisdictions, you’re in the right place.
Examples of Complex Legal Scenarios You Might Face:
- Business Expansion Across State Lines: You’re based in California, but you’re expanding your startup into Texas. Different tax laws, employment laws, and even business formation rules are going to come into play. You need a lawyer who can navigate both legal systems.
- Real Estate Deals Across States: Buying property in New York while selling land in Florida? The differences in zoning laws, environmental regulations, and taxes could add a layer of complexity you don’t want to miss.
- Family Law: Let’s say your spouse moves to a different state mid-divorce. Child custody, spousal support, and asset division laws differ between jurisdictions. A lawyer licensed in both states can help you strategize.
- Estate Planning and Probate: If you have real estate or assets in two different states, you need a lawyer who can juggle multiple sets of probate rules and estate tax laws.
If any of the scenarios above sound familiar, then a lawyer licensed in two states isn’t just helpful—it’s essential.
Step 2: Find the Right Lawyers—No, Really, the Right One
Here’s where most people go wrong. They run straight to an online directory, type in “lawyer licensed in multiple states,” and expect the magic to happen. That’s not how this works.
Step 1 was about identifying your problem. Now, step 2 is about finding the right lawyer who has the expertise and bandwidth to tackle cross-jurisdictional issues. Here’s how to do that without wasting time.
The 80/20 Principle for Lawyer Selection
You’ve got to stop looking at law firms as generic entities. You’re looking for a specialist in multi-state legal issues—not someone who dabbles in it when it’s convenient.
- Leverage Directories with Precision: Start with platforms like Avvo, Martindale-Hubbell, and State Bar Association websites. Most of these have filters for location and practice area. When you search, focus specifically on firms or attorneys with experience in cross-jurisdictional legal matters. If they mention the word “multi-state” in their bio, that’s a flag you can latch onto.
- Referrals: If you know someone in business, real estate, or law, ask for a referral. Lawyers licensed in multiple states are often part of exclusive networks, and a referral is your shortcut to finding the right person. Don’t be afraid to ask directly about their experience with cases that cross state lines.
- Check Their Track Record: Your lawyer doesn’t just need to be licensed in two states—they need to have a proven track record of solving cases like yours. Whether it’s navigating tax laws in California and New York or handling child custody across borders, they need specific experience. Ask for examples of past cases they’ve handled involving two or more states. This isn’t just about looking at credentials on paper—it’s about assessing their practical experience.
Look for the “Unsexy” Details
Don’t get distracted by flashy websites or fancy ads. Focus on the boring details that matter:
- Continuing Legal Education (CLE): A lawyer who practices in multiple states has to stay updated on the latest developments in both state’s legal systems. Ask them what ongoing education they do to stay sharp.
- Specialization: If they’re a “general practitioner” who happens to be licensed in two states, that’s not enough. The lawyer should specialize in your type of legal issue—be it business law, real estate, or estate planning.
- Fees and Structure: Lawyers in multi-state scenarios often charge more. Ask for clarity on rates, retainer fees, and whether there will be extra costs for travel or working with local counsel. It’s better to know this upfront.
Step 3: Dig into the Credentials (Without Feeling Like a Pain in the Neck)
You’ve got a list of potential lawyers. Now it’s time to verify, but don’t go down the rabbit hole of unnecessary research.
- Bar Association Verification: Start with checking the lawyer’s standing in both states. This will tell you whether they’re active and in good standing in both states. Some states even show whether there have been any disciplinary actions. This is your “background check” phase.
- Case Studies: Ask for real-life case studies where they’ve successfully handled multi-state issues. If they can’t give you specifics or if their examples seem “too easy,” they might not have the depth of experience you need. Lawyers who have done cross-state work often have case stories they can reference. This shows they’ve been there, done that, and understand the nuances of different states’ rules.
- Local Connections: A multi-state lawyer doesn’t always handle every aspect of your case personally. They might need to collaborate with local experts or hire co-counsel in one of the states. A good lawyer will be transparent about this and will have a strong network of local professionals to leverage.
Step 4: Understand the Real Costs (No Surprises)
A lawyer licensed in two states will charge more. But it’s not just about the cost—it’s about the value you’re getting. So, before you even think about hiring, get a full picture of their fees.
The Breakdown:
- Hourly Rates: Expect to pay more than the average lawyer—especially if they’re juggling multiple state laws. For example, a lawyer licensed in New York and California may charge $500 per hour instead of $300 because they’re handling the complexities of two legal systems.
- Flat Fees: Some multi-state lawyers offer flat fees, particularly in areas like estate planning or simple business contracts. However, flat fees in complex matters can be tricky because they often don’t cover unexpected hurdles that crop up due to cross-state issues. Be cautious and make sure you have a clear understanding of what is and isn’t covered.
- Retainers: For multi-state legal representation, expect the retainer to be higher than normal. This is a good thing: It shows the lawyer is preparing for the long haul and won’t leave you in a lurch. But before you sign that retainer agreement, understand exactly how the money is being allocated and whether you’ll get refunded for unused portions.
- Extra Costs: If you need to fly the lawyer out to another state for court hearings, expect to pay for those travel costs. Similarly, if they need to hire local counsel to help with the case, those fees will likely be passed on to you. Make sure these “extras” are clearly explained upfront.
Step 5: Work with a Lawyer Who Understands Jurisdictional Complexities
Jurisdiction can make or break your case. A lawyer may be licensed in two states, but do they understand how jurisdictional issues impact your case? How do they navigate procedural differences between two states’ court systems?
Here’s what you need to know:
- Choice of Law: A lawyer’s ability to argue for the right set of laws to apply to your case is crucial. This is especially important in business contracts or property disputes where the law of one state may favor one party over the other. For instance, California’s consumer protection laws may be more favorable to your case than Nevada’s, but if you file the case in the wrong state, you might lose the advantage.
- Venue: When your case spans two or more states, deciding which state’s court system is the most appropriate to handle your case is critical. A lawyer who has experience in multi-state litigation will have a gut instinct about the best forum to file your case, saving you time, money, and headaches.
- Local Rules & Deadlines: Every state has its own rules about filing procedures, deadlines, and evidence handling. A lawyer who knows how to navigate these procedural differences in both states will be your best ally. If a lawyer is unfamiliar with local rules, they risk missing critical deadlines or failing to file documents correctly, which could derail your case.
Step 6: Check Your Ego at the Door—This Is a Team Effort
Your multi-state lawyer doesn’t work in a vacuum. Expect them to collaborate with local experts in each state. This could mean hiring co-counsel or relying on other professionals like tax experts, real estate agents, or corporate specialists.
This collaboration isn’t a bad thing—it’s a sign of good lawyering. The more your lawyer can leverage local knowledge and resources, the better your chances of winning.
Conclusion: Your Lawyer Is Your Strategic Partner—Not Just a Legal Expert
Finding a lawyer licensed in two states is no small feat. But by following the steps above, you can approach the process with clarity and confidence. From pinpointing your exact
legal needs to understanding how jurisdiction impacts your case, you’re setting yourself up to make an informed, strategic decision.
The right lawyer doesn’t just know the law—they understand how the law will impact you and your specific circumstances. That’s the key to getting the best outcome in a multi-state case. So get clear on what you need, vet your lawyer thoroughly, and don’t be afraid to ask the tough questions.
With the right lawyer by your side, you’re in a better position than you were before. And that’s the whole point.
References
- American Bar Association. (2020). Legal Ethics and Multi-Jurisdictional Practice.
- National Conference of Bar Examiners. (2021). Bar Admission Guide.
- Martindale-Hubbell. (2022). Find a Lawyer.
- Avvo, Inc. (2023). How to Choose the Right Lawyer for Your Legal Case.
