The "Active" Practice of Law

Many state bar associations predicate the ability to move for admission without taking the bar exam on the ability of an applicant to document (or at least attest to) the fact that he or she has been engaged in the "active" practice of law in a certain other jurisdiction for a certain minimal length of time.

What quasi-law related roles should not "count" as the active practice of law? Although certain jurisdictions try to define what is included in this definition, it is not necessarily consistent nationally. Nor do many attorneys agree on what should be included. Clerking (researching, but without representation) usually counts for this purpose, but not when in the private sector. Should this turn on how one holds themselves out?

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