Kara Sears
The process of becoming a lawyer in the US is complex, especially for foreign-trained attorneys. Foreign lawyers can sit for the bar exam in certain states, including New York, California, New Hampshire, Alabama, and Virginia. However, they must first get their law degree reviewed by the American Bar Association, which can take up to a year. Most states require foreign lawyers to obtain an LL.M. or J.D. degree from an ABA-accredited law school. Some states may allow foreign lawyers to apply for bar admission based on their years of law practice and a qualifying foreign law degree. It is important to carefully review each jurisdiction's criteria and requirements for taking the bar exam, as they can vary.
| Characteristics | Values |
|---|---|
| Is a foreign law degree recognized in the USA? | Yes, many states recognize foreign law degrees, but these degrees are subject to review by state bar regulators. |
| Is US citizenship required to take the bar exam? | No state bar requires a foreign lawyer to have US citizenship to practice law in the US. |
| Can a foreign law degree holder take the bar exam? | Yes, but most jurisdictions require holders of foreign law degrees to have an additional legal degree, such as a Juris Doctor (JD) or Master of Laws (LL.M.), from an American Bar Association (ABA)-accredited law school in the US. |
| What is the basic law degree required to practice law in the US? | A Juris Doctor (JD) degree from a law school accredited by the ABA. |
| What is the typical duration of an LL.M. program? | One year |
| What is the purpose of the bar exam? | To determine if a candidate is qualified to practice law in a specific jurisdiction. |
| What is the typical format of the bar exam? | A two-day examination administered twice annually. |
| What are the steps to take the bar exam as a foreign lawyer? | Review the criteria for taking the bar exam in the relevant jurisdiction, pay the required registration fees, complete the character and fitness questionnaire, and prepare for the examination. |
| Are there any language requirements for foreign applicants? | If your native language is not English, you may be required to submit a Test of English as a Foreign Language (TOEFL) score, but this requirement can be waived on a case-by-case basis. |
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What You'll Learn
Eligibility requirements for the bar exam
Most states, however, require foreign lawyers to obtain an LL.M. degree (or equivalent) from an ABA-accredited law school. For example, in Washington state, foreign lawyers can meet the supplemental legal education requirement with an LL.M. degree from an ABA-approved law school. The LL.M. degree must include 18,000 minutes of instruction in principles of domestic U.S. law. Similarly, in California, a foreign lawyer must complete an additional 20 credits of study in an LL.M. program, including instruction in bar-tested subjects.
In addition to educational requirements, applicants for bar admission must demonstrate good moral character to practice law in the United States. This requirement is typically met by completing a detailed questionnaire addressing the prospective lawyer's background and disclosures regarding criminal activity, substance abuse, or mental illness.
It is also important to note that each state has its own specific requirements for the bar exam. For example, California requires bar applicants to take and pass the Multistate Bar Examination (MBE) but not the Multistate Essay Examination (MEE) or Multistate Performance Test (MPT). In contrast, Louisiana, the only civil law jurisdiction in the United States, requires applicants to pass a multiple-choice and essay examination testing knowledge of its unique legal system.
To determine eligibility, foreign-trained lawyers should carefully review the admission requirements for their chosen jurisdiction. They may also consider taking a bar preparation course tailored to international candidates, which can help them become familiar with exam-style questions and build their knowledge and skills.
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Reviewing a foreign law degree
The American Bar Association (ABA) reviews and analyzes foreign law degrees, and this process can take up to a year. The evaluation process includes reviewing coursework, credit hours, and legal systems, favoring an education based on English common law. Some jurisdictions may accept non-US credentials, but they typically seek common law legal systems similar to the US. For example, Canada, a former British colony like the US, shares some elements of the common law system, but not all legal systems are deemed equivalent.
To practice law in a private firm in New York State, foreign-trained attorneys must register with their local Appellate Division. They may practice in-house or consult on their country's laws without taking the bar exam. In California, a foreign lawyer must complete an additional 20 credits of study in an LL.M. program, including instruction in bar-tested subjects. The University of Dayton School of Law offers an online LL.M. Program that aligns with the current requirements of the California and Washington state bar examinations.
To increase their chances of passing the bar exam, foreign-trained lawyers should consider taking bar review courses and classes, as many applicants take these review courses, and the model answers examiners seek tend to align with the style taught in these courses. These classes can be time-consuming and expensive, but well-recommended ones are generally worth the investment.
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Getting a Juris Doctor (JD) degree
Earning a Juris Doctor (JD) degree is a great way for foreign law graduates to enhance their career prospects. A JD degree allows international graduates to practice law in the US and in their home countries. For example, a graduate with a JD degree can represent US investors or local businesses investing in the US in their home country.
In the US, admission to a JD program requires a bachelor's degree. The admission requirements differ in other countries. Additionally, every school has its own set of requirements, so it is important to check the specific requirements of the school you are applying to. Most JD programs are three-year, full-time programs, but many law schools also offer part-time programs that take approximately four years to complete. The University of Arizona Law, for example, offers a 2-Year JD program that allows students to earn the same JD degree as students in the 3-year program but at a lower cost and with the opportunity to gain work experience earlier. The University of Hawaii also offers an Advanced JD program that allows graduates of foreign law schools to complete a US Juris Doctor (JD) degree in as little as two years.
The LSAT is an integral part of the law school admission process in the US, Canada, and other countries. All ABA-approved law schools accept the LSAT. If you are planning to apply to multiple schools, you can use LSAC's Credential Assembly Service (CAS) to send your transcripts and letters of recommendation to all the schools at once.
It is important to note that while earning a JD degree can improve your career prospects, securing permanent employment in the US as an international student can be challenging due to immigration laws and quotas. Therefore, it is recommended that international students consider career options in their home country or outside of the US.
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Obtaining an LLM degree
While the requirements for taking the bar exam vary by state, most states require a J.D. (Juris Doctor) degree from a US law school. However, some states, like New York, California, New Hampshire, Alabama, and Virginia, allow foreign law graduates to sit for the bar exam. In these states, foreign-trained lawyers must first get their law degree reviewed and analysed by the American Bar Association (ABA), which can take up to a year. This process does not guarantee acceptance, and the application may be deferred.
For those seeking to obtain an LLM degree, there are several options available. Many US law schools offer LLM programmes that allow foreign attorneys to take courses with domestic students. These programmes typically cover traditional US law practices and specific areas of interest, such as Criminal Law, Corporate Law, or Real Estate Law. Online LLM programmes, such as the one offered by the University of Liverpool, are also available and can provide more flexibility for international students. These programmes often cover specialised areas of law, such as International Business Law or Intellectual Property Law, and prepare students for careers in international law firms or multinational companies.
It is important to note that completing an LLM degree does not automatically qualify an individual to take the bar exam. The specific requirements for bar admission vary by jurisdiction, and it is essential to carefully review the criteria for each state's bar examination. Additionally, foreign lawyers must comply with US immigration laws and meet character and fitness requirements to be eligible to practice law in the United States.
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Practicing law in a specific state
To practice law in a specific state in the US as a foreign-trained lawyer, you must pass that state's bar exam. This is a complex process, and it can be extremely difficult for foreign-trained lawyers to sit for the bar exam in the US. The first step is to have your foreign law degree reviewed and analysed by the American Bar Association (ABA), which can take up to a year. Once your application has been reviewed, it will be either accepted or deferred. If accepted, you will be allowed to sit for the bar exam in your desired state.
It is important to note that each state has its own criteria for taking the bar exam, and you will need to carefully review the requirements for your chosen state. While some states require a Juris Doctor (J.D.) degree from an ABA-accredited law school, others allow foreign lawyers to apply based on years of law practice and/or a qualifying foreign law degree. For example, New York, California, New Hampshire, Alabama, and Virginia allow foreign law graduates to sit for the bar exam. In California, foreign lawyers must complete an additional 20 credits in an LL.M. program, including instruction in bar-tested subjects. In Washington state, foreign lawyers can meet the supplemental legal education requirement with an LL.M. degree from an ABA-approved law school.
To be fully admitted as a lawyer in a specific state, you must pass that state's bar exam. This will allow you to practice law in that state, and it is a highly impressive and difficult accomplishment. While it is not a requirement to be a US citizen to practice law in the US, foreign lawyers physically present in the US must comply with US immigration laws. Additionally, you will need to demonstrate good moral character by completing a detailed questionnaire addressing your background and any disclosures regarding criminal activity, substance abuse, or mental illness.
To increase your chances of passing the bar exam, it is recommended that you prepare well in advance. Many American law students spend months preparing by taking bar review courses and classes, which can be time-consuming and expensive but are generally worth it. These courses can help you understand the model answers that examiners are looking for and align your preparation with the practical demands of the legal profession.
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Frequently asked questions
A foreign law degree cannot be directly transferred to the USA. However, many states recognize foreign law degrees, and some allow foreign law graduates to sit for the bar exam. To practice law in the US, a foreign lawyer will need to pass the bar exam in the state in which they wish to practice.
The requirements to sit for the bar exam vary by state. Some states require a Juris Doctor (JD) degree from a US law school, while others accept a foreign law degree or an LL.M. degree from an ABA-accredited law school. It is important to carefully review the requirements of the specific state bar examination you plan to take.
The process for applying to sit for the bar exam as a foreign law graduate typically involves submitting an application for review by the state bar examiners, paying the required fees, and completing any necessary character and fitness questionnaires. In some cases, foreign-trained lawyers may need to get their law degree reviewed and analyzed by the American Bar Association, which can take up to a year.
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