Practicing Law: Foreign Degrees And Legal Work

The requirements for practising law differ from country to country. In the United States, for example, foreign-trained attorneys must complete a Juris Doctor (JD) or Master of Laws (LLM) from an ABA-accredited law school, pass the bar exam in the state(s) where they wish to practice, and demonstrate strong moral character. Some states, like California, have more liberal admission standards for foreign lawyers, while others, like Georgia, impose additional requirements such as having received education from a school recognised by one's foreign government. In the UK, an attorney from another country may need to redo their law degree to practice there.

Transferable skills from practising law in another country

If you have studied and practised law in another country, your skills are likely to be transferable to practising law in the United States. However, you will need to complete additional steps to qualify to take the bar exam and practise law in the US. These steps may include completing the degree requirements for a Juris Doctor (JD) or Master of Laws (LLM) from an American Bar Association (ABA)-accredited law school and passing the bar exam in the state(s) where you wish to practise.

• Language skills: International experience can improve your language skills, which are highly desirable to employers.
• Commercial law and international criminal law: If you have experience in these areas of law, your knowledge of different legal systems will be beneficial in the international job market.
• Specialization in a specific type of law: An LLM allows you to specialize in a particular area of law, such as corporate, environmental, or tax law. This specialization can be a valuable asset when seeking employment in the US.
• International law experience: Obtaining a traditional JD from a US law school can put you on the same level as your US counterparts and even provide an advantage due to your added international law experience. This can open up more opportunities with globally-minded firms and businesses.
• Knowledge of US legal theories and concepts: The JD curriculum broadly covers legal theories and their application in the US legal system, which can be a valuable addition to your existing knowledge of international law.
• Legal knowledge and problem-solving abilities: The bar exam in the US tests your legal knowledge and problem-solving abilities, which are essential skills you may have already developed through your legal practice in another country.

Obtaining an LLM degree

For foreign-trained attorneys, the LLM provides valuable training in the US legal system, which is critical for today's globalized legal practice. It can also help to triple or quadruple the salary they would earn in their home country. However, it's important to note that eligibility requirements for bar admission vary by jurisdiction, and prospective lawyers should carefully review the relevant jurisdiction's rules for admission before undertaking any course of action.

To apply for an LLM program, almost all law schools require that applicants hold a professional law degree, such as a JD or an LLB (Bachelor of Laws). Some schools may also require letters of recommendation, a personal statement, writing samples, transcripts, resumes, and English test scores for non-native English speakers. Networking before and during the LLM program can also greatly enhance an international student's chances of obtaining a high-paying US job after graduation.

Jurisdictional requirements to practice law in the US

The requirements to practice law in the US vary across different jurisdictions. While some states require a Juris Doctor (J.D.) degree from a law school accredited by the American Bar Association (ABA), others allow foreign lawyers to apply for bar admission based on years of law practice and/or a qualifying foreign law degree.

Jurisdictional Requirements

In most states, foreign lawyers are required to obtain a Master of Laws (LL.M.) degree (or equivalent) from an ABA-accredited law school. For example, in Washington state and California, foreign lawyers can meet the supplemental legal education requirement with an LL.M. California also offers a provision for an additional year's schooling at an ABA-approved law school or one accredited in California, dedicated to bar examination subjects.

Some states, including New York, California, New Hampshire, Alabama, and Virginia, allow foreign law graduates to sit for the bar exam. In New York, foreign-trained attorneys may practice in-house or consult on their country's laws if they register with their local Appellate Division. In California, foreign lawyers do not have to be citizens to become licensed attorneys, but they must fill out extra paperwork.

However, many states will require the successful completion of a course of study at an ABA-accredited law school. Wisconsin, for instance, has permitted foreign-trained students with LL.M. degrees to sit for the bar since 2012, but the degree must include 700 minutes of instruction per semester credit hour and must be completed in no less than two 13-week semesters.

To practice in a private law firm, foreign-trained attorneys must be licensed to practice law in that US state. It is important to carefully review each jurisdiction's criteria for taking the bar exam, as the rules for admission to each jurisdiction's bar are subject to change.

Earning a traditional JD from a US law school

There are a few things to keep in mind when considering earning a JD from a US law school. First, law school studies in the US are rigorous, and the admission requirements differ from those in other countries. In the US, admission to a JD program typically requires a bachelor's degree and a strong LSAT score. Additionally, each school has its own set of requirements, so it is important to carefully research the requirements for your desired law school.

Another thing to consider is the cost of earning a JD. Tuition for law school can be expensive, and the cost may vary depending on the school and program. Some schools may offer scholarships or other financial aid, so it is worth investigating what financial support may be available.

The University of Arizona Law, for example, offers a 2-year JD program for non-US students at a discounted rate compared to the standard tuition for a JD degree. The first year of the program includes the standard foundational curriculum, and in the second year, students can choose from a range of specialized certificate programs, such as environmental law, criminal law, and international economic law. Upon completing the JD, students are eligible to apply for a one-year optional practical training program, allowing them to work in the US for one year.

Earning a JD from a US law school can provide foreign-trained attorneys with enhanced employment opportunities. It puts them at the same level as their US-trained counterparts and can even provide an advantage due to added international law experience. With a JD, individuals can practice law within the US in law firms, governmental organizations, and non-profits, or they can work with US companies investing abroad or doing business internationally.

Becoming a foreign legal consultant (FLC)

The process of becoming a Foreign Legal Consultant (FLC) can be a promising career path for lawyers seeking to specialise in international law. It involves a combination of legal education, professional experience, foreign qualifications, language proficiency, and regulatory approval. Here are the steps to becoming an FLC:

Legal Education

Aspiring FLCs usually begin their journey by obtaining a law degree from a recognised institution. This provides them with a foundational understanding of legal principles.

Legal Practice

After completing their legal education, individuals typically gain practical experience by working as lawyers in their home jurisdiction. This practical experience is crucial for developing legal skills and building a professional network.

Foreign Qualifications

To practice law in a foreign jurisdiction, individuals must acquire the necessary qualifications for that specific jurisdiction. This may involve passing bar exams, completing a legal practice course, or meeting other jurisdiction-specific requirements. such as the NextGen Bar Exam in the United States.

Language Proficiency

Proficiency in the language of the desired foreign jurisdiction is crucial. FLCs need to effectively communicate with clients, legal professionals, and authorities in the foreign language to navigate the complexities of international law.

Regulatory Approval

FLCs must obtain approval from regulatory bodies in both their home jurisdiction and the foreign jurisdiction. This ensures compliance with ethical standards and facilitates global engagement. For example, in the United States, some states like New York and California may require an LLM or a JD degree from an ABA-accredited law school.

Frequently asked questions