Practicing Law In Canada: Us Degree Recognition

It is challenging to practice law in Canada with a foreign degree. Individuals with a US law degree must go through several steps to practice law in Canada. These steps include passing the National Committee on Accreditation (NCA) exams, finding a firm to offer a one-year articling position, and passing the Canadian bar. The NCA assesses each applicant's academic and professional qualifications and outlines the requirements needed to obtain a Certificate of Qualification, which deems the applicant eligible to apply to become a licensed lawyer in Canada.

US law degree accreditation in Canada

It is challenging to practice law in Canada with a foreign degree. Individuals with a US law degree must go through several steps to practice law in Canada. Firstly, they must apply for a Certificate of Qualification from the National Committee on Accreditation (NCA). The NCA assesses the individual's credentials and determines what requirements they must fulfill to obtain the certificate, which confirms that their education and training are equivalent to those of Canadian law degree graduates. These requirements may include challenge exams or courses at a Canadian law school. Once the certificate is obtained, individuals must complete the bar admission requirements for the specific province they wish to practice in, which may include licensing exams and experiential training. Additionally, finding an articling position and passing the Canadian bar are necessary steps.

The process of obtaining accreditation to practice law in Canada with a US degree can be time-consuming and challenging. It is important to note that even with a US law degree from a reputable school, it may still be difficult to gain recognition in Canada. Some sources suggest that only a few states in the US allow Canadian degree holders to sit for the bar exam, indicating the potential for reciprocal recognition between the two countries. However, it is always recommended to check with the specific state bar associations for their requirements.

To increase the chances of success in obtaining accreditation in Canada with a US law degree, individuals should ensure they have strong academic credentials and seek employment at well-recognized US law schools. Additionally, gaining practical experience through internships and other opportunities can enhance one's profile. It is also crucial to carefully review the requirements and procedures outlined by the NCA and the relevant provincial law society in Canada.

While it is challenging to practice law in Canada with a foreign degree, it is not impossible. With careful planning, dedication, and a strong academic and professional background, individuals with a US law degree can increase their chances of success in obtaining accreditation to practice law in Canada.

Exams to practice law in Canada with a US degree

It is challenging for foreign-trained lawyers to practice law in Canada. Individuals with a US law degree must pass several exams to practice law in Canada. Here are the steps and exams to practice law in Canada with a US degree:

Certificate of Qualification:

To practice law in Canada with a US degree, one must first obtain a Certificate of Qualification from the National Committee on Accreditation (NCA). This certificate confirms that your legal education and training are equivalent to that of graduates from an approved Canadian law school. The NCA will assess your US law degree and advise you on the steps needed to obtain the Certificate of Qualification. You may be required to write challenge exams or take additional courses at a Canadian law school to meet the requirements.

Bar Admission Requirements:

Once you have obtained the Certificate of Qualification, you must then fulfill the bar admission requirements for the specific province or territory in Canada where you wish to practice law. These requirements are set by the provincial and territorial law societies. For example, in Ontario, you must complete the licensing process of the Law Society of Upper Canada (LSUC), which includes writing the barrister licensing exam and the solicitor licensing exam.

Canadian Bar Exam:

After fulfilling the bar admission requirements, you will need to pass the Canadian Bar Exam to become a licensed lawyer in Canada.

Additional Considerations:

It is important to note that finding a law firm that offers articuling positions to foreign-trained lawyers can be challenging. Additionally, certain provinces or territories may have specific requirements, such as the one-year articling position requirement in Ontario.

While it is possible for individuals with a US law degree to practice law in Canada, it requires significant effort and time to fulfill the necessary requirements and exams.

US law firms in Canada

There are a few US law firms with offices in Canada, but these are limited to a few locations and a narrow range of legal services. These firms typically assist with cross-border transactions and issues that arise when doing business in both countries. One example is Dickinson Wright, which has offices in several key North American trade corridors, including Ontario, Michigan, Ohio, Kentucky, Tennessee, Arizona, Nevada, and Texas. Their Canada-US Platform (CUSP) takes a whole-of-firm approach, bringing together various practice departments and client service teams from both countries to provide seamless legal services for clients operating in both the US and Canada.

Another example is Paul, Weiss, which has an office in Toronto that collaborates closely with Canadian law firms to provide counsel on US securities laws, corporate governance, tax, employee benefits, litigation and arbitration, antitrust, intellectual property, and more.

For US-trained lawyers seeking to practice law in Canada, it is challenging, and several hurdles must be overcome. First, exams must be passed to render a foreign law degree "equivalent" to a Canadian one (the "NCA" exams). Second, finding a firm to offer a one-year articling position can be difficult, as these are typically given to students from Canadian law schools. Finally, the Canadian bar exam must be passed. Even with an LLM from a Canadian school, the process remains largely the same, though the NCA exams may be bypassed.

For Canadian law school graduates, finding employment at a US law firm or as a lawyer in the US is also challenging. While some US employers do recognize top Canadian law schools, such as UofT, Osgoode, and McGill, it is still difficult to land a job at a large US law firm. Additionally, without US citizenship, it is nearly impossible to obtain a government or public interest job in the US.

Canadian law schools recognised in the US

While it is possible for US law degrees to be recognised in Canada, it is not a simple process. It is difficult to practice law in Canada with any foreign degree, and there are several steps that must be taken. Firstly, foreign-trained lawyers must pass exams that render their degree "equivalent" to a Canadian law degree (the "NCA" exams). Secondly, they must find a firm to give them a one-year articling position, and thirdly, they must pass the Canadian bar. This process can take several years.

There are a few exceptions for American-trained lawyers. There are a handful of American law firms with offices in Toronto that are open to American-trained lawyers. However, these firms tend to focus on a narrow area of law, helping Canadian entities with debt and equity offerings in the US.

Canadian law degrees can be recognised in the US, but it depends on the law school attended and the employer. Top Canadian law schools such as UofT, Osgoode, and McGill are perceived more favourably by US employers. However, it is important to note that Canadian law graduates will not be able to get a government or public interest job in the US if they are not a US citizen.

In terms of specific Canadian law schools that are recognised in the US, here are some examples:

• University of Toronto (UofT): UofT is one of the top Canadian law schools and is recognised by US employers. Its Faculty of Law offers a Juris Doctor (JD) program that provides a strong foundation in legal education.
• Osgoode Hall Law School: Osgoode is another highly regarded Canadian law school. It offers a variety of programs, including a Juris Doctor (JD) and a Master of Laws (LLM) program. Osgoode has a strong reputation in the US and is known for its innovative approaches to legal education.
• McGill University: McGill is a prestigious Canadian university with a strong law program. Its Faculty of Law offers a common law program, as well as a transsystemic program that allows students to earn both a civil law (LL.L.) and common law (JD) degree. McGill is recognised by US employers and provides a well-rounded legal education.
• University of Ottawa: The University of Ottawa has a unique partnership with Michigan State University College of Law and Washington College of Law. Through this program, students can obtain both Canadian and US law degrees (a "double JD"). This option provides a broad legal education that is recognised in both countries.
• University of Calgary: The University of Calgary is known for its holistic admissions approach, considering factors beyond just grades and test scores. Its Faculty of Law offers a variety of programs, including a Juris Doctor (JD) and a Master of Laws (LLM) program. Calgary's law school is well-regarded in the US, particularly for its energy and natural resources law programs.

It is important to note that the recognition of Canadian law degrees in the US can vary depending on the state and the specific employer. While the above-mentioned schools have a strong reputation, it is always advisable to research the specific requirements and preferences of the state and employers you are interested in.

US bar exam with a Canadian degree

It is challenging for foreign-trained lawyers to take the bar exam in the US. Most states require a J.D. degree from a US law school to sit for the bar exam. However, some states, including New York, California, New Hampshire, Alabama, and Virginia, allow foreign law graduates to sit for the bar exam. In these cases, foreign-trained lawyers must first get their law degree reviewed and analysed by the American Bar Association, which can take up to a year.

For Canadian graduates, it is essential to consider which US law schools and degrees will be recognised by the employer they want to work for in the US. While some Canadian law schools, such as UofT, Osgoode, and McGill, are perceived more favourably by US employers, it is still challenging to land a job in US BigLaw. Additionally, Canadian citizens will not be able to secure a government or public interest job in the US.

To be eligible to take the bar exam in the US, foreign-trained attorneys with a three-year undergraduate law degree from common law countries may be able to sit for the New York bar exam without additional coursework at a US law school. Those from civil law jurisdictions or with degrees that do not meet educational requirements may need to complete an LL.M. program at an ABA-accredited law school. Similarly, foreign law graduates may be eligible to sit for the California bar exam with a law degree and an LLM with at least 20 credits from an ABA or California-accredited school, including a Professional Responsibility class.

In Canada, the process for foreign-trained lawyers to become licensed also involves several steps. Foreign-trained lawyers must pass exams to render their degree "equivalent" to a Canadian law degree (NCA Exams), find a firm to offer a one-year articling position, and pass the Canadian bar.

Frequently asked questions