Practicing Law Abroad: Can Lawyers Cross Borders?

The ability of lawyers to practice in a country other than the one in which they trained is dependent on the laws and regulations of the country in question. Some countries, such as Australia, allow foreign lawyers to practice foreign law, while others, like Indonesia, do not permit foreign lawyers to obtain a full license to practice law at all. Each jurisdiction maintains its own system of regulation governing the practice of local law by foreign-trained lawyers, and different conditions will apply depending on the jurisdiction in question.

Characteristics of practising law in another country

Country-specific licensing requirements

In the United States, each state, territory, and the District of Columbia regulates and licenses the legal profession separately and maintains its own bar associations. While some other common law countries maintain separate categories of lawyers (e.g. barristers and solicitors), there is only one category of lawyer in the US. Foreign-trained lawyers must navigate varying state requirements to qualify for the bar exam. Some states, like California, allow individuals to qualify based on substantial legal practice, particularly if their education and experience are grounded in English common law. Jurisdictions assess factors such as years of practice, areas of specialization, and adherence to professional standards in the lawyer's home country. Applicants must provide documentation, including certificates of good standing and proof of licensure. Even in more accessible jurisdictions like New York, lawyers from common law countries may still need to meet additional educational requirements. Some jurisdictions allow foreign-trained lawyers to advise on their home country's laws as foreign law consultants without full bar admission. To qualify to take the bar exam, foreign-trained lawyers must complete a course of study at an ABA-accredited law school and undergo a Character and Fitness evaluation to ensure they meet ethical and professional standards.

In Ghana, those admitted to practice law become members of the Ghana Bar Association. In Kenya, legal practice is governed by the Advocates Act, and only lawyers admitted to the Bar, known as Advocates of the High Court of Kenya, have the right of audience before Kenyan courts.

In Angola, individuals must complete a law degree from an Angolan university and then take the National Exam for Admission to Advocacy. To practice law in Botswana, a Bachelor of Laws degree is required. This degree is earned through a five-year undergraduate program, with the fifth year as an internship. After completing this program, applicants must complete a period of practical legal training and pass an admissions examination. To earn a law license in Egypt, applicants must have Egyptian nationality, full civil capacity, no disciplinary findings against them, and be of good conduct and reputation.

In Uganda, candidates must hold a Bachelor of Laws degree from a Ugandan university or an educational institution from any other country with a common law legal system recognized by the Law Council. They must also obtain a postgraduate diploma in legal practice from the Law Development Centre.

Registration and visa requirements

Additionally, character and fitness requirements must be met to practice law in a foreign country. This may include demonstrating good moral character through a detailed questionnaire and background check. Some countries, like the UK, may also require registration with a regulatory body, such as the Solicitors Regulation Authority (SRA), which has its own set of criteria, including the submission of a certificate of good standing from the lawyer's previous bar, law society, or chamber.

It is important to carefully review and stay updated on the specific requirements of the country and jurisdiction in which one intends to practice law, as they may differ significantly.

Work eligibility

The work eligibility requirements for lawyers to practice in a foreign country vary across different nations. Here are some examples:

Australia

Foreign lawyers can practice foreign law in Australia if they are entitled to practice law in their home country or another foreign jurisdiction. They are not required to register with an Australian legal profession regulatory body as long as they do not maintain a legal office in Australia or become a partner or director of a law practice in the country. To practice in Victoria, Australia, foreign lawyers must apply for registration and provide evidence of their current registration to engage in legal practice in another country. They must also comply with the same professional, ethical, and practice standards as Australian legal practitioners.

Canada

Foreign lawyers may register in any of the ten provinces of Canada as a foreign legal consultant (FLC). However, they must apply to the National Committee on Accreditation for an evaluation of their legal credentials and meet the additional requirements established by the province in which they wish to practice.

Singapore

Singapore allows foreign lawyers to obtain a limited license to offer advisory services in foreign and international law. They can also obtain a full license and will be subject to the same requirements as local applicants. Foreign lawyers with over two years of experience may seek admission by passing the Singapore Bar examination.

United States

To practice law in the United States, all lawyers, regardless of nationality, must be admitted to the bar association of the state in which they wish to practice. Each state has its own requirements for bar admission, and lawyers should contact the regulatory body of that jurisdiction.

Indonesia

In Indonesia, a foreign lawyer cannot obtain a full license to practice law. Only Indonesian citizens who reside in the country can be licensed to practice law.

Vietnam

Foreign lawyers can practice law in Vietnam by submitting a written request for a Practising License to the Ministry of Justice.

It is important to note that each country has its own unique set of regulations and requirements for foreign lawyers. Therefore, it is essential to refer to the specific guidelines of the country in question to understand the work eligibility criteria for foreign-trained lawyers.

Practice area

The ability of lawyers to practice in a foreign country depends on several factors, including their nationality, citizenship, and the specific regulations of the country they wish to practice in.

In some countries, foreign lawyers may practice foreign law to the extent that they are entitled to practice law in their home country. For example, Australia allows foreign lawyers to practice foreign law without registering with a legal profession regulatory body, provided they do not establish a legal office or become a partner in a local law practice. Similarly, Singapore permits foreign lawyers to obtain a limited license to offer advisory services in foreign and international law. However, countries like Indonesia and Thailand have stricter requirements, with Indonesia requiring lawyers to be Indonesian citizens, and Thailand prohibiting foreign lawyers from providing legal advice.

For lawyers seeking to practice local law in a foreign country, the process often involves additional training, exams, and licensing requirements. Each jurisdiction maintains its own system of regulation, and some countries may require permanent residency or citizenship for an individual to practice law. For instance, Canada allows foreign lawyers to register as foreign legal consultants in any province, while the United States requires all lawyers to be admitted to the bar association of the state in which they intend to practice, with each state having its own unique requirements for bar admission.

International law and UN tribunals can provide opportunities for lawyers to practice law in multiple countries. For example, American lawyers have worked at international tribunals in the Netherlands, Africa, and Cambodia.

Qualifications and accreditation

The qualifications and accreditation required for a lawyer to practice law in a foreign country vary from one jurisdiction to another. Each country or state has its own set of regulations and requirements for lawyers intending to practice locally. For instance, to practice law in the United States, a lawyer must be admitted to the bar association of the state in which they intend to practice. Each US state has its own unique requirements for bar admission. On the other hand, in Canada, foreign lawyers may register in any of its ten provinces as a foreign legal consultant (FLC).

In Australia, foreign lawyers can practice foreign law to the extent that they are entitled to practice law in their home or another foreign jurisdiction. They are not required to register with a legal profession regulatory body unless they plan to maintain a legal office in Australia or become a partner or director of a law practice in the country. Foreign lawyers intending to practice in Australia for more than 90 days in a 12-month period or establish a commercial presence must register. They must also obtain a visa to work in Australia.

In Singapore, foreign lawyers can obtain a limited license to offer advisory services in foreign and international law or a full license to practice law, subjecting them to the same requirements as local applicants. Foreign lawyers with at least two years of experience may seek admission to practice law in Singapore by taking and passing the Singapore Bar examination.

In Indonesia, however, foreign lawyers cannot obtain a full license to practice law. Only Indonesian citizens who reside in the country are eligible for a license. Similarly, foreign nationals are prohibited from practicing as foreign lawyers in Thailand and are not permitted to provide legal advice. They may, however, work for foreign law firms as "business consultants."

The requirements for practicing law in another country generally depend on the country's regulations, the lawyer's qualifications, and the jurisdiction in which they were admitted. It is important to contact the relevant regulatory body or organization responsible for regulating legal practice in the intended country to understand the specific requirements.

Frequently asked questions