Incoming military spouses who are lawyers in other states may have an easier path to practicing in Georgia.
The Supreme Court of Georgia issued revised rules this week governing the provisional practice of law without passing the state bar exam. The rules include, for the first time, a process for military spouses admitted to the bar in other states to practice in Georgia.
“Oftentimes, servicemembers aren’t given a choice about where they are going to be stationed, and that can make it difficult for their spouses who are lawyers to become really established in their careers,” Mercer University Law School Adjunct Professor Harold Heck said in a statement.
The revised rules will offer “greater certainty” and cost-savings for military spouses seeking to continue their legal careers in Georgia, Chief Justice Michael P. Boggs said. Boggs told the legislature in March the state’s court backlog suffers from a shortage of attorneys.
“This Veteran’s Day as we honor those who have served and are currently serving our nation, I’m pleased on behalf of the Supreme Court to announce updates to the provisional admission rules,” Boggs said.
The Georgia Lawyer Competency Task Force report cited by the high court recommended the court adopt a rule allowing provisional admission for lawyers whose spouses are assigned to a Georgia base.
“Some military-spouse lawyers may not need or wish to be admitted permanently to the practice of law in Georgia, although they do have a temporary need to practice here,” the report said. “And even those who do wish to practice in Georgia beyond the current posting of their spouses may benefit from a provisional admission.”
The benefits include the ability to accrue time to apply for full admission or a waiver for admission without taking the bar exam, it said.
The lawyers would have to show they were awarded a law degree from an accredited law school and had been admitted to and be in good standing with a bar association in another state.
Their provisional status would remain intact until 180 days after their spouse was reassigned or ceases to be their spouse or the lawyer takes and fails the state bar exam or fails to meet annual state licensing requirements.
“I think these new provisional admission rules for Georgia-based military spouses are going to be very helpful, because they will make it so much easier for military couples to stay in their professions,” Heck said. “And the spouses who are lawyers can get to work much faster, without having to go through a new testing process after moving to Georgia.”
