How do you verify an attorney's bar status before hiring?

The screening procedure for law firms: which state agency to ask, where to take the discipline question, certificates of good standing, federal court and USPTO admissions, and what to do about a lapsed or inactive license.

Verifying an attorney's bar status before hiring starts with one move: ask the state agency that licenses lawyers where the candidate claims admission — the ABA says that agency can confirm whether a person has a law license and may practice there.

This guide gives law firms the screening procedure: active status and good standing, discipline history, certificates of good standing, federal court and USPTO admissions, and what to do about a lapsed or inactive license.

Where to check active status and good standing in each state

Lawyers are licensed by a state agency in each state, and the ABA — which keeps a state-by-state directory of those agencies — says the agency can help you find out whether a person has a law license and is permitted to practice in a particular state.

That makes verification a routing question before it is anything else: which states does the candidate claim admission in, and which agency licenses lawyers in each one?

The ABA's directory is the map for that step.

The request itself can be as simple as a phone call.

Per the ABA directory, in New Hampshire and South Dakota you call the bar association to determine whether a person is licensed to practice law and in good standing.

The research behind this page did not capture how every agency takes requests — online, phone or otherwise — so treat the directory as the starting point and confirm the current process with the agency itself before you rely on the answer.

Run the check in every state where the candidate will practice, not just the one where the firm sits.

An attorney admitted in three states has three records, and the state you skip is the one that comes back to visit.

Ask the candidate up front for the list — state, status, and any other jurisdiction they claim — then confirm each one with the agency named for it.

Get the confirmation into the file rather than trusting the resume or a screenshot of a bar card.

Bar-status verification is one gate in the wider screening sequence — our guide to hiring for your law firm covers the whole process, and this page stays on the license check itself.

It is also distinct from the broader background check a firm may run on a final candidate: the state-license question goes to the state licensing agency — the body the ABA names as able to confirm it.

How to find public discipline history

Discipline history is the harder half of the check, and this page will not overstate what the research can document.

What it verified is where license status lives: the state agency that licenses lawyers can confirm whether a person has a law license and is permitted to practice.

It did not verify how each agency reports discipline or what its records show.

So the working procedure is to put the discipline question to that agency — ask whether it holds a discipline record for the person, what it contains and how the public can access it, and confirm what you are told against the agency's own published materials.

One national lead came out of the research unconfirmed: an ABA-run National Lawyer Regulatory Data Bank.

We could not verify the details — who may access it and at what cost — so treat it as unconfirmed and ask the ABA directly about current access rules before you build it into your process.

If a discipline record does surface, what to do with it is an evaluation and ethics question of its own, and a different one from the mechanical check this page describes.

Hiring a lawyer with a discipline history raises questions this page does not answer, starting with what the discipline was for and whether it bears on the role you are filling.

Certificates of good standing: when to require one

A certificate of good standing is a document from the authority itself, rather than a candidate-supplied screenshot or a recruiter's assurance.

When the license is central to the role — court practice above all — a certificate from the admitting authority, dated close to the start date, is the document the file should hold.

Requiring one is firm policy, not a rule: decide which roles get the document treatment and make the certificate a required item in the file for those roles.

On the state side, the research did not verify the availability, name or turnaround of these certificates state by state.

Each agency sets its own document terms, so ask the agency whether it issues one, what it shows and what it costs before you make it a requirement of your hiring file.

The federal side is documented.

In the federal district courts, the Judicial Conference fee schedule sets the fee for a duplicate certificate of admission or a certificate of good standing at $21, and original admission of attorneys carries a $199 fee that includes a certificate of admission, effective December 1, 2023.

A candidate who claims admission to a particular district court can therefore document that admission with the court itself.

Verifying federal court and USPTO admissions

Federal admissions are separate from the state bar, and each federal district court sets its own attorney admission rules by local rule.

A clean state bar check therefore does not answer whether the lawyer is admitted to the district court your matters require — that question goes to the specific court.

Courts of appeals run on the same separate track: under FRAP 46, a lawyer is eligible for a court of appeals bar if they are of good moral and professional character and admitted before the Supreme Court of the United States, the highest court of a state, another court of appeals, or a district court — and each court of appeals sets its own admission fee by local rule or order.

Patent practice adds a second credential to verify.

Practitioners before the USPTO are subject to the USPTO's own Rules of Professional Conduct, at 37 C.F.R. § 11.101 et seq.

And the USPTO registration itself does not answer the bar-status question: a law degree is not required to sit for the USPTO's registration examination, and a passer who is not an attorney in good standing is registered as a patent agent rather than a patent attorney.

When an intellectual-property candidate lists a USPTO registration, confirm which registration they hold and verify the state bar admission separately with the state agency.

What to do with a lapsed or inactive license

When the check returns anything other than the active status the candidate described — lapsed, inactive, or not found — slow the process down.

Re-run it first to rule out a name or spelling mismatch.

Then put the result to the candidate and take the question to the agency: it is the body the ABA names as able to confirm whether a person has a law license and is permitted to practice, and it can tell you what returning to active status involves.

The research did not verify reinstatement or reactivation processes state by state, so the agency's own answer is the one to work from.

The reason not to let practice start on an unverified status is in the ABA's model text.

Model Rule 5.5(a) provides that a lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, "or assist another in doing so" — and that second clause is the employer's exposure: the assist clause is what the model text carries over to the employer side of a hire.

How it applies to any particular situation, lapsed license or otherwise, is a question for your state bar's ethics counsel.

The Model Rules are a model — they bind no one until a state adopts them, and each state's version differs in places — so the rule that governs your firm is your state's version of Rule 5.5.

Sequencing does the work: keep the start date after the verification, and if a license shows lapsed or inactive, treat it as an open item the agency has to close — not a detail to sort out after the lawyer is in the chair.

For a role that requires active admission and court appearances, an unresolved status is a stop.

For a role that does not, that is a different analysis, and it still starts with the agency's answer.

Employer information, not legal advice. Where this page describes model rules, your state's adopted version controls. Confirm your verification steps and any status question with the agency that licenses lawyers in your state, and with your state bar's ethics counsel on the ethics rules.

Bar-status verification checklist

  • A written list from the candidate of every state where they claim admission, plus any federal court and USPTO registrations
  • Each state's licensing agency located through the ABA's state-by-state directory
  • License and permission to practice confirmed with each agency — by phone where that is the agency's process (New Hampshire and South Dakota, per the ABA directory)
  • The discipline question put to the state agency: whether it holds a discipline record, what it contains and how the public can access it
  • Federal district court and court of appeals admissions confirmed with each specific court, where the role requires them
  • For IP roles: which USPTO registration the candidate holds — patent agent or patent attorney — with the state bar checked separately
  • A certificate of good standing requested from the admitting authority for roles where the license is central
  • Anything other than active status resolved with the agency before the start date
  • Your state's version of Rule 5.5 confirmed with your state bar's ethics counsel

Questions employers ask

How do I check whether an attorney is licensed and in good standing?

Ask the state agency that licenses lawyers.

The ABA keeps a state-by-state directory of those agencies and says each can confirm whether a person has a law license and is permitted to practice in that state.

In New Hampshire and South Dakota, the ABA directory says to call the bar association to determine whether a person is licensed to practice and in good standing.

Confirm the current process with the agency itself — verification procedures change.

Does admission to a state bar automatically include federal court admission?

No. Each federal district court sets its own attorney admission rules by local rule, so a state bar check does not answer whether a lawyer is admitted to a particular district court — ask the court.

For appeals courts, FRAP 46 makes a lawyer eligible who is of good moral and professional character and admitted before the Supreme Court of the United States, a state's highest court, another court of appeals, or a district court.

What is a certificate of good standing?

A document issued by the admitting authority itself confirming a lawyer's status, rather than a candidate-supplied screenshot.

In the federal district courts, the Judicial Conference fee schedule sets $21 for a duplicate certificate of admission or a certificate of good standing.

State-side, the research behind this page did not verify availability or terms — ask the agency whether it issues one before you require it in your hiring file.

Does USPTO registration prove someone is an attorney in good standing?

No. A law degree is not required to sit for the USPTO's registration examination, and a passer who is not an attorney in good standing is registered as a patent agent, not a patent attorney.

Confirm which registration an intellectual-property candidate actually holds, and verify the state bar admission separately with the state licensing agency.

Can we hire a lawyer whose license is inactive or lapsed?

Start with the agency: it is the body that can confirm whether a person has a law license and is permitted to practice, and it can tell you what returning to active status involves — reinstatement processes were not verified state by state.

Note the exposure in ABA Model Rule 5.5(a), which bars a lawyer from practicing in violation of a jurisdiction's regulation of the legal profession, or assisting another in doing so.

The model rule binds no one until a state adopts it, so confirm with your state bar's ethics counsel before the lawyer starts.

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